Not guilty! No prosecution! A contract fraud case defended by lawyers Meng Fanhu and Cui Shouxu from Jinan, Zhongcheng Qingtai, was legally non-prosecuted.
Published:
2022-03-11
Yangchun March, spring is full! When Zhang Jun, chief procurator of the Supreme People's Procuratorate, made a report on the work of the Supreme People's Congress at the fifth session of the 13th National People's Congress that the procuratorial organs should actively implement the criminal justice policy of less arrest and cautious prosecution, the procuratorial organ in Jinan, Shandong Province, implemented the new era procuratorial concept of "active performance of duties according to law", In-depth investigation and study of a major contract fraud crime case in the examination and prosecution stage, strictly control the facts, evidence, and law, and carefully listen to the opinions of defense lawyers, and believe that "the behavior of the person who is not prosecuted does not fabricate facts, conceal the truth to defraud the other party's property, and there are no criminal facts", and decided not to prosecute him in accordance with the law. It protects the legitimate rights and interests of the parties and avoids the occurrence of a major criminal misjudged case that may be sentenced to more than ten years in prison. The investigation agency of the case believes that in 2003, the suspect Liu Moumou, in the name of a real estate development company in Qingdao, acquired an independent building in a military property in Qingdao through auction and gave the property to others. After many rounds of work, the building was transferred by Dong Moumou with 5.5 million yuan. In June 2012, Liu Moumou used the above-mentioned real estate that had been donated to others and did not belong to him, and signed the "House Use Right Transfer Agreement" with the victim Xing Moumou, defrauding Xing Moumou of 800000 yuan, suspected of contract fraud. The client entrusts a team of senior criminal lawyer Meng Fanhu and lawyer Cui Shouxu, who has been practicing in our institute for nearly 30 years, to serve as his defender. After accepting the entrustment, the lawyer team carefully analyzed and studied the case file materials, communicated with the parties several times on the details of the case, based on the facts and evidence in the case, and determined the idea of innocent defense. The defender believes that the 1. evidence in the case proves that before purchasing the right to use the real estate involved, Xing Moumou knew that the real estate involved was under the actual control of others, Liu Moumou had lost his right to control the real estate, and Xing Moumou knew the fact that he could only get the real estate involved and could not directly obtain the right to use the real estate after paying the consideration. 2. the subject matter transferred in this case is the real estate involved, it is actually the auction procedure, xing's intention was to try to get the auction procedures and then sue the owner of the property; 3. the property involved in the transfer process, Liu did not carry out any fictitious facts or conceal the truth; 4. the transfer process involved is a normal market transaction activity, Liu Guanglong subjectively has no purpose of illegal possession. Therefore, Liu Moumou delivered the procedures of the real estate involved in the case, and Xing Moumou paid the corresponding consideration. Without violating the mandatory provisions of the law, the transaction activities involved in the case should be protected by law. This is a normal market transaction behavior. In the course of the transaction, Liu's behavior is obviously different from the criminal act of defrauding other people's property for the purpose of illegal possession, and Liu's behavior involved in the case does not constitute the crime of contract fraud. During the year-long review and prosecution period, the defender communicated with the prosecutor many times and submitted a written defense of innocence and an application for non-prosecution. In the end, the public prosecution agency recognized and adopted the defender's opinion, and declared the party Liu Moumou innocent by not prosecuting, and the defense was a complete success! The legal basis for the procuratorial organ to make a decision not to prosecute in this case is Article 177 of the the People's Republic of China Criminal procedure Law, which gives the procuratorial organ the important power to exercise the decision not to prosecute. "Shangshu" contains: "It is better to lose than to kill innocent people". The right of non-prosecution is an important part of the right of public prosecution in China, which plays an active role in strengthening the objective and impartial obligation of prosecutors, ensuring that innocent people are not subject to criminal investigation, implementing the criminal policy of combining justice with mercy, and implementing the economic principles of litigation. The procuratorial organ in this case has the courage to take responsibility, adheres to the criminal concept of "no suspected crime" and "no prosecution in doubt", objectively and comprehensively examines the evidence in the case, and attaches great importance to the opinions of lawyers. it avoids the criminal risk that the person who is not prosecuted may be wrongly prosecuted and sentenced to 10 years in prison, protects the legitimate rights and interests of the parties to the maximum extent, and ensures the correct implementation of the law. The professionalism and dedication of the defense lawyers in this case was highly praised by the parties. The successful defense of the case demonstrates the professional image of our criminal business team of "craftsmanship and high-quality cases", and further enhances the reputation of "Zhongcheng Qingtai" lawyers in the industry and society.
Yangchun March, spring is full! When Zhang Jun, chief procurator of the Supreme People's Procuratorate, made a report on the work of the Supreme People's Congress at the fifth session of the 13th National People's Congress that the procuratorial organs should actively implement the criminal justice policy of less arrest and cautious prosecution, the procuratorial organ in Jinan, Shandong Province, implemented the new era procuratorial concept of "active performance of duties according to law", In-depth investigation and study of a major contract fraud crime case in the examination and prosecution stage, strictly control the facts, evidence, and law, and carefully listen to the opinions of defense lawyers, and believe that "the behavior of the person who is not prosecuted does not fabricate facts, conceal the truth to defraud the other party's property, and there are no criminal facts", and decided not to prosecute him in accordance with the law. It protects the legitimate rights and interests of the parties and avoids the occurrence of a major criminal misjudged case that may be sentenced to more than ten years in prison.
The investigation agency of the case believes that in 2003, the suspect Liu Moumou, in the name of a real estate development company in Qingdao, acquired an independent building in a military property in Qingdao through auction and gave the property to others. After many rounds of work, the building was transferred by Dong Moumou with 5.5 million yuan. In June 2012, Liu Moumou used the above-mentioned real estate that had been donated to others and did not belong to him, and signed the "House Use Right Transfer Agreement" with the victim Xing Moumou, defrauding Xing Moumou of 800000 yuan, suspected of contract fraud.
The client entrusts a team of senior criminal lawyer Meng Fanhu and lawyer Cui Shouxu, who has been practicing in our institute for nearly 30 years, to serve as his defender. After accepting the entrustment, the lawyer team carefully analyzed and studied the case file materials, communicated with the parties several times on the details of the case, based on the facts and evidence in the case, and determined the idea of innocent defense. The defender believes that the 1. evidence in the case proves that before purchasing the right to use the real estate involved, Xing Moumou knew that the real estate involved was under the actual control of others, Liu Moumou had lost his right to control the real estate, and Xing Moumou knew the fact that he could only get the real estate involved and could not directly obtain the right to use the real estate after paying the consideration. 2. the subject matter transferred in this case is the real estate involved, it is actually the auction procedure, xing's intention was to try to get the auction procedures and then sue the owner of the property; 3. the property involved in the transfer process, Liu did not carry out any fictitious facts or conceal the truth; 4. the transfer process involved is a normal market transaction activity, Liu Guanglong subjectively has no purpose of illegal possession. Therefore, Liu Moumou delivered the procedures of the real estate involved in the case, and Xing Moumou paid the corresponding consideration. Without violating the mandatory provisions of the law, the transaction activities involved in the case should be protected by law. This is a normal market transaction behavior. In the course of the transaction, Liu's behavior is obviously different from the criminal act of defrauding other people's property for the purpose of illegal possession, and Liu's behavior involved in the case does not constitute the crime of contract fraud.
During the year-long review and prosecution period, the defender communicated with the prosecutor many times and submitted a written defense of innocence and an application for non-prosecution. In the end, the public prosecution agency recognized and adopted the defender's opinion, and declared the party Liu Moumou innocent by not prosecuting, and the defense was a complete success!
The legal basis for the procuratorial organ to make a decision not to prosecute in this case is Article 177 of the the People's Republic of China Criminal procedure Law, which gives the procuratorial organ the important power to exercise the decision not to prosecute. "Shangshu" contains: "It is better to lose than to kill innocent people". The right of non-prosecution is an important part of the right of public prosecution in China, which plays an active role in strengthening the objective and impartial obligation of prosecutors, ensuring that innocent people are not subject to criminal investigation, implementing the criminal policy of combining justice with mercy, and implementing the economic principles of litigation.
The procuratorial organ in this case has the courage to take responsibility, adheres to the criminal concept of "no suspected crime" and "no prosecution in doubt", objectively and comprehensively examines the evidence in the case, and attaches great importance to the opinions of lawyers. it avoids the criminal risk that the person who is not prosecuted may be wrongly prosecuted and sentenced to 10 years in prison, protects the legitimate rights and interests of the parties to the maximum extent, and ensures the correct implementation of the law.
The professionalism and dedication of the defense lawyers in this case was highly praised by the parties. The successful defense of the case demonstrates the professional image of our criminal business team of "craftsmanship and high-quality cases", and further enhances the reputation of "Zhongcheng Qingtai" lawyers in the industry and society.
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