How to write every word in the defense of the crime of illegally absorbing public deposits?
defend
Dear presiding judge and people's assessor,
Beijing * * Law Firm accepted the entrustment of the relatives of the defendant Wu, and appointed Mr. He as its defender. After reading the documents and meeting the defendant, I participated in today's court investigation. Defender from a clear understanding of the case and a comprehensive understanding of the 360 question and answer, that the defendant Wu Mou in this case not only broke the direction, but also said that he was not the person in charge who was directly responsible, nor was he any other person directly responsible. According to the law, he should not be investigated for criminal responsibility. According to the relevant laws and regulations, the following defense opinions are put forward.
The specific reasons for allocating the camp are as follows:
Nature of the case: This case is a unit crime, not an individual crime.
Judging from the facts of this case, there are two main ways for XXX Investment Holding Co., Ltd. to absorb public deposits. First, at the beginning of the company's establishment, it signed a project contract with investors. At the end of this stage, Wu Mou was introduced to the company and did not participate in this stage; In the second stage, the company invested in planting projects in Jiangxi. In order to attract investors, the company temporarily recruited a group of salesmen, including Wu Mou, to advertise projects in major supermarkets and shopping malls. His salesman doesn't even have a basic salary. Customers sign contracts with the company according to advertisements, and mutual military inspections sign contracts with other personnel of the company. Wu Mou only charges a very low fee for each order. I don't care about the specific business in the company, and I don't participate in signing contracts to withdraw funds. I'm just a salesman at the bottom of the company. As for the company's goods, general use, contract amount and payment method, I don't know. Of course, it should not be directly responsible for its marketing behavior.
Wu Mou played a very small role in the process of collecting money from customers through POS machines, so he should not be investigated for criminal responsibility for his actions. Wu Mou is not specifically responsible for collection and refund. How to collect the money, how to pay it back, and how much, at this time, the company leaders have the final say. Wu Mou only set up women's rain belts to attract customers. Although this behavior is closely related to deposit absorption, it should be noted that there are obvious differences between them.
From the work level, Wu Mou Tiantang wounded military division belongs to the middle and low-level personnel of the company. Although the amount involved in this case is relatively large, which has caused economic losses to many families, we should see that it is the company's behavior to absorb public deposits, and the main leaders of the company play a decision-making role. As the lowest-level employee of the company, it is understandable that Wu Mou accepts the company's arrangement to send advertisements. According to the spirit of the minutes of the relevant meeting of the Supreme People's Congress, it is generally not appropriate to investigate the criminal responsibility of the person who is directly responsible for the crime assigned or ordered by the unit leader.
Second, the amount of responsibility of Wu Mou.
++The book accuses Wu of illegally absorbing and illegally absorbing public deposits totaling 6.38 million yuan. The defender has an objection to this. As for the customers to whom this amount refers, nearly one third of the tea gangs are not customers in Wu Mou, so it is impossible to check with the amount. The amount that can be directly identified is only more than 3 million yuan, and this part of the amount also includes the commission that Wu Mou personally returned to customers because of rumors. These amounts should be clearly stated through the clues of practicing the drug lake regulations, and then they can be used for conviction and sentencing.
Third, Wu Mou plays a very small role in illegally absorbing public deposits.
In this case, a series of evidences show that Wu Mou is not a registered employee of the company and does not assume any management responsibilities in the company.
The evidence shows that the shareholders, actual controllers, general manager and team manager of the company are all others, and Wu Mou is not a registrant.
Four, Wu Mou truthfully confessed after the case, there are frank circumstances, and is a first-time offender, an occasional offender, subjective malignancy is not deep, can be given a lighter or mitigated punishment.
To sum up, please ask the court to find the crime of illegally absorbing public deposits, and at the same time pay attention to leniency and moderation, and do not pursue criminal responsibility for the general staff of the company. To sum up, Wu Mou, the defendant, played a minor role in this case, and his participation was obviously minor, with little social harm. He is neither the directly responsible person in charge nor other directly responsible personnel, so he should not be investigated for criminal responsibility. Even if it constitutes a crime of illegally absorbing public deposits, it should be given a lighter or mitigated punishment. The above defense opinions are requested to be fully considered by the collegial panel when discussing this case.
I am here to convey
People in a community in Beijing++
Defender: lawyer of Beijing * * Law Firm.
2065438+March 2008
The above knowledge is Bian Xiao's answer to relevant legal questions. If the parties are guilty of illegally absorbing public deposits, they may entrust a lawyer to defend them. After consulting the case file, the lawyer will make a defense statement to protect the interests of the defendant to the maximum extent. Readers who need legal help are welcome to seek legal advice.