[introduction of the lawyer in this case]
Liu Wenge, senior partner of Liaoning Tongfang law firm. He is good at criminal defense and overseas listing business of enterprises. The typical cases of criminal defense are from life imprisonment to acquittal; The company's overseas listing business, led by the international lawyers Union for overseas listing and the overseas sponsor team, jointly launched a new mode of overseas listing in 2015, and has successfully completed more than 50 cases.
[summary of the case]
Yin, a businessman in Shenyang, partnered with his ex husband to buy clothes. Yin went to Zhejiang to purchase goods and sent them to Russia at the behest of his ex husband. After his ex husband sold in Russia, he was responsible for paying the goods to Zhejiang manufacturers. During this period, a large number of goods were suddenly seized and confiscated by the Russian tax police, resulting in the failure to return the payment in time. When the negotiation with Yin's ex husband failed, the Zhejiang manufacturer reported Yin's contract fraud to the local public security organ, and Yin was arrested. The court of first instance found that Yin committed the crime of contract fraud and sentenced him to life imprisonment. Yin entrusted his family to hire Lawyer Liu Wenge as the defender of the second trial. Lawyer Liu Wenge wrote the appeal petition on behalf of him and provided new evidence. The court of second instance ruled to remand the case for retrial. Before the retrial was announced, the public prosecution authority withdrew the prosecution and made a decision not to prosecute. The defendant Yin, who had been detained for nearly two years, was acquitted.
[profile of handling cases]
This case is the first major criminal case I took over after I became a full-time lawyer
The defendant had been sentenced to life imprisonment at the time of receiving the case. After receiving the case, I formed the following ideas of appeal and defense according to the characteristics of the case through interview and examination:
1、 Summarize the focus of this case:
1. Whether the defendant has the purpose of illegally occupying others' property.
2. Whether the defendant objectively carried out the act of defrauding others of a large amount of property by fabricating facts and concealing the truth. In the first instance judgment, the defendant was convicted of contract fraud according to the provisions of article 224 (4) of the criminal law of China. The article of this law is "those who escape after receiving goods, payment for goods, advance payment or guaranteed property from the other party."
2、 Raise the doubtful points of the case
1. Is the failure to perform the contract subjective or objective? Is the subject matter of the contract (i.e. the goods sent to Russia) detained and punished by the local police?
2. Did the defendant escape?
3、 Find the breakthrough point of this case
1. Collect and provide evidence to the people's court that the goods involved in the case were confiscated by the Russian police and customs. The relevant certificates have been notarized by the Embassy in the Russian Federation.
2. Collect and provide evidence to the people's court that the defendant has not "escaped", mainly including the original unit of the defendant, the community, the property company, the local police station and the school of the defendant's children.
4、 Form main appeals and defense opinions (omitted, see appeal petition and defense statement)
[thoughts on case handling]
The success of this case makes me very excited and have a sense of achievement. I summarize the following points:
1. Have the courage to break through the fortress of criminal judgment, find out the doubtful points, highlight the key points, and not stick to the minor points.
2. We should not regard public security, procuratorial organs and law as absolute opposites, and strive to make the other party accept or not resent our own views. We should adhere to the principles and be flexible in other aspects.
3. Don't overemphasize the burden of proof on the public prosecution authority. Lawyers should actively collect and provide strong evidence and materials for the defendant.
4. Firm faith, never give up and never lose heart. Be good at mobilizing the enthusiasm of the defendant, family members and fellow defenders, do a good job in division of labor and cooperation, and avoid going it alone.
5. Stress politics and consider the overall situation. Both the legitimate rights and interests of the defendant and the interests of the informant shall be protected. To promote the progress of the rule of law and the harmonious development of society.