Viewpoint | Successful Case: Lawyers Zhou Jiakui and Li Baojun Decided Not to Prosecute for Major Fraud Crimes
Published:
2024-06-04
Article 266 of the the People's Republic of China Criminal Law stipulates that defrauding public and private property, and a large amount constitutes the crime of fraud. In determining whether the parties constitute the crime of fraud, it is very important to demonstrate whether the parties have the intention of illegal possession. Now the author combines the following lawyer successful defense case to elaborate on the problem, hoping to have some enlightenment to the readers.
Introduction
Article 266 of the the People's Republic of China Criminal Law stipulates that defrauding public and private property, and a large amount constitutes the crime of fraud. In determining whether the parties constitute the crime of fraud, it is very important to demonstrate whether the parties have the intention of illegal possession. Now the author combines the following lawyer successful defense case to elaborate on the problem, hoping to have some enlightenment to the readers.
1. brief
From January 1, 2018 to August 1, 2021, A successively borrowed money from B on the grounds of borrowing money to speculate in futures. After A receives B's funds, it is diverted to the bank card of the relevant person it uses, and the funds flow frequently by entering the futures, securities account, related person's account, other person's account, etc. The case involves more than 60 million yuan.
2. defense thinking
After accepting the entrustment of the parties, the lawyer team organized the demonstration in time, quickly identified the focus of the case, did a good job in legal communication with the case-handling organs, seized the golden 37 days, made good use of legal opinions, successfully obtained the guarantee, and achieved the victory of the key points. Since then, the case-handling lawyers have continued to dig out one doubt after another, use the spear of the son to attack the shield of the son, make good use of the principle of "no doubt, no doubt, no crime", and use the essence of futures as the basis to deal with the bank accounts, futures accounts, and audit reports involved in the case. Repeatedly analyzed, submitted legal opinions to explain that this case is a civil dispute, and criminal proceedings should not be brought.
3. case results
This case involves a huge amount of money and a heavy defense task, but in the end, the procuratorial organ adopted the defender's point of view that the parties did not have the intention of malicious possession in this case, and have been cooperating with the repayment from the beginning to the present. According to the provisions of the fourth paragraph of Article 175 of the the People's Republic of China Criminal Law, it was decided not to prosecute this case.
Conclusion
Through this case, it can be seen that if the parties have no purpose of illegal possession, there is no subjective intention to defraud, and there is no objective act of defrauding public and private property by fabricating facts or concealing the truth, the parties do not constitute the crime of fraud in accordance with the law, the criminal law is modesty, and the case may only belong to civil disputes such as private lending.
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