Beijing economic crime defense lawyer

Legal subjectivity:

Our society is in a period of rapid transition, and new things emerge one after another. The conflict between legal norms and changes in real society is becoming more and more serious. In particular, many enterprise personnel engaged in economic activities fall into the law with a little carelessness, which may be illegal or serious. Because the distinction between felony and non-crime, felony and misdemeanor in economic activities is often unclear in law, there are many conflicting judgment standards, judicial staff lack legal literacy and know little about economics, which leads to many unjust, false and misjudged cases in economic crime trials. The fundamental way to solve this problem is to hire a senior lawyer who knows both economy and law as a defender. However, in real life, because many parties are unfamiliar with the lawyer industry, it is not enough to hire a lawyer only by looking at whether there is a relationship. A little carelessness delayed the opportunity of legal help and failed to make good use of the right of defense given by law. We should believe that no matter how close a lawyer is to the judiciary, he can't defend the law, no matter how corrupt and unfair a judge is, he can't make an illegal judgment in front of clear legal provisions and factual evidence. In criminal defense, the lawyer's most important job is to analyze and identify the evidence presented by the prosecutor, find out the evidence favorable to the defendant, find out the contradictions and loopholes between the evidence, find out the shortcomings and flaws of the evidence, find and investigate the evidence favorable to the defendant, request the court to obtain the evidence favorable to the defendant according to law, put forward clear and affirmative defense opinions according to the law and facts, impress the judges and prosecutors with legal knowledge and language ability, and let the judges and prosecutors follow the lawyer's thinking and find the conclusion of the judgment. It is not easy for lawyers to do this, but the parties to criminal crimes should hire such defense lawyers to avoid wasting money, especially the parties to economic crimes should find such defense lawyers, so as to obtain a fair judgment and eliminate the hidden dangers of unjust, false and misjudged cases. Fuzziness, unclear boundaries and easy occurrence of unjust, false and misjudged cases include the following crimes: smuggling, disrupting the management order of companies and enterprises, disrupting the financial management order, financial fraud, endangering tax collection and management, disrupting the market order, corruption and bribery, contract fraud, the crime of job embezzlement, the crime of misappropriating funds and so on. Economic crime cases involving these crimes are generally very complicated, which requires defense lawyers not only to have knowledge and experience in criminal defense, but also to be proficient in using economic laws and regulations such as securities law, financial law, fiscal law, tax law, company law, enterprise law, contract law and customs law. There is no shortage of basic economic knowledge such as enterprise management, financial management, accounting, tax collection and management, banking norms and trade practices. The evidence in economic crime cases is often some invoices, financial vouchers, accounting statements, tax payment vouchers, bank bills, economic contracts, company management documents, instructions and the signature credentials of senior managers. These evidences have different meanings in different times, different environments, different expressions and different internal control mechanisms of enterprises. Correctly identifying the true meaning and effect of these evidences is very important for analyzing crime and non-crime, felony and misdemeanor, and this crime and that crime. This analysis of the same economic voucher belongs to normal business activities, and that analysis belongs to economic crimes, such as occupation, misappropriation of funds, corruption, bribery, contract fraud, etc. This is often a wrong analysis of economic behaviors such as bonus distribution, commission income, dividends and foreign investment. Then, how do the parties and their families in economic crime cases hire defense lawyers? Judging from my more than ten years' lawyer career, it is best for the parties involved in economic crime cases to have lawyers to help them in the investigation stage, because the first interpretation of economic documents comes from the defendant's confession. Once a criminal suspect is detained, he loses his personal freedom, often panics extremely, and is at a loss under the guidance of some criminal investigators. The confession made to criminal investigators is often a misunderstanding of economic behavior, which puts him at a disadvantage. If the lawyer is in place quickly in the criminal investigation stage, providing legal advice to the criminal suspect and informing him of the nature, sentence, constitutive requirements and identification method of the accused crime, the criminal suspect will gain self-protection consciousness and self-defense ability, and the criminal suspect will be able to better cooperate with the lawyer to find out the truth of the case and lay the foundation for mutual cooperation in the trial. This is considered when hiring a lawyer.