The defendant's unit was found not guilty, and our lawyers Wang Junjie and Tian Meng successfully handled a major criminal case.
Published:
2021-04-22
The defendant's unit was found not guilty, and our lawyers Wang Junjie and Tian Meng successfully handled a major criminal case.
On the morning of November 27, 2019, a case of collusion in bidding handled by our lawyers Wang Junjie and Tian Meng was publicly pronounced, and a bidding company in Shandong, the defendant unit where Wang Junjie and Tian Meng acted as defenders, was found not guilty.
This case occurred in 2016 during the bidding process for the construction of ppp project in the sponge city pilot area of XXX city. As the only pilot area of XXX city, the relevant leaders and departments attached great importance to this case. Before the public security organ filed the criminal case, the discipline inspection and supervision department had conducted several months of investigation. According to the indictment, the bidding work was restarted due to the collusion of a bidding company in Shandong Province, the delay in the construction of the project for about 6 months has caused the government to face expected losses such as the recovery of 2.4 billion funds allocated by the state finance. This case has become a major criminal case that has attracted much attention in the local area.
A bidding Co., Ltd. in Shandong is a state-owned holding enterprise with more than 200 employees. It has bidding agency business in Shandong Province, Qinghai Province, Xinjiang Uygur Autonomous Region, Inner Mongolia Autonomous Region and other places. At present, most regions require bidding agencies to issue certificates of no criminal record when entrusting bidding agencies. Once the company is finally found to constitute a unit crime, the company will not be able to continue to engage in bidding agency business, the related business it is acting for will also be suspended, and its employees will also face practical problems such as layoffs and finding another job. Whether this case constitutes a crime has a bearing on the survival of the enterprise.
Lawyers Wang Junjie and Tian Meng intervened in the case at the first instance stage of the court. After carefully studying the case file materials, they put forward "there is no collusion in bidding prohibited by criminal law in this case. In this case, the behavior of a bidding company in Shandong does not constitute a unit crime, and the public prosecution organ accuses a bidding company in Shandong of wrongly applying the law in collusion in bidding. After lawyers Wang Junjie and Tian Meng issued cross-examination and defense opinions in the trial, they did not "sit and wait" for the court's judgment. Instead, they actively communicated and communicated with the public prosecution agency and the court in accordance with the relevant provisions of the Criminal Procedure Law and the Lawyers Law. The higher-level procuratorial organ of the public prosecution organ submitted a written lawyer's opinion to strive for the higher-level procuratorial organ to supervise the case.
The lawyer's active defense has achieved effective results in each trial stage: 1. Although the first instance of this case determined that a bidding company in Shandong Province, the defendant unit, constituted the crime of collusion in bidding, only a fine of 50,000 yuan was imposed; 2. After the case was appealed to the intermediate people's court, because the lawyer submitted defense opinions to the procuratorial organ for many times, the procuratorial organ at the same level also put forward the procuratorial opinions of unclear facts, insufficient evidence and recommending retrial, the case was sent back for retrial; 3. In the first instance of retrial, the court finally accepted the lawyer's defense opinion and ruled that the defendant unit was not guilty.
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