Jun Chen was born in a wealthy family and studied in a famous university. During my school days, I got excellent grades and won many school awards. After graduation, I successfully entered the cable branch of a limited company in Shanghai. He was clever and willing to work, and through hard work, he quickly gained the appreciation of the leaders. From a small clerk to the position of deputy manager of the branch, in charge of the company's operating income and expenditure, inventory audit, payment audit of purchased materials. In the eyes of others, Jun Chen can be described as lucky strike, rising to the top.
However, the good times did not last long. Jun Chen, who is in charge of the company, gradually began to take advantage of his position to accept the property given by the cooperative units and others in various names. As of the time of the incident, the total amount of bribes was RMB 300,000. The procuratorial organ believed that Jun Chen's behavior had been suspected of accepting bribes, and arrested him and detained him in the detention center.
After I worked as a defense lawyer in Jun Chen, I sorted out the following defense ideas through many times of reading papers and investigation and evidence collection: the criminal suspect Jun Chen is not a person engaged in official business in state-owned companies or enterprises, nor is he a person appointed by state-owned companies or enterprises to engage in official business in non-state-owned companies or enterprises. According to the provisions of China's criminal law, Jun Chen should not be regarded as a state functionary, so he cannot be the subject of the crime of accepting bribes, and his behavior should belong to the crime of being suspected of being a non-state functionary. In addition, before being detained in criminal detention, the criminal suspect Jun Chen voluntarily confessed the main criminal facts of accepting bribes from others by taking advantage of his position, which belongs to the plot of surrender and can be given a lighter or mitigated punishment.
After investigation, the procuratorate listened to my opinion, changed Chen Jun's arrest to bail pending trial, and determined that Chen Jun surrendered himself and did not have the status of a state functionary. Subsequently, the procuratorate prosecuted Jun Chen for accepting bribes from non-state employees.
After trial, the court finally concluded that the defendant Jun Chen's behavior constituted the crime of accepting bribes by non-state staff and he surrendered himself. In view of the defendant's withdrawal from all illegal gains after he arrived at the case, his guilty attitude was good, and he showed some remorse, so he adopted the defense lawyer's opinion of mitigating punishment and applying probation to the defendant. Finally, the court sentenced Jun Chen to two years and six months' imprisonment, suspended for three years. Defendant Jun Chen obeyed the judgment and refused to appeal.
This is a case. You can contact us if necessary. Lawyer Jiang Yachun