24
2022-02
In order to better carry out practical activities of the rule of law for the people, help enterprises solve the ecological and environmental legal problems encountered in production and operation, and better serve the high-quality development of enterprises, on February 23, 2022, lawyer Luo Xianghu, as the legal adviser of Jinan Ecological Environment Bureau, was invited to participate in the "Enterprise Environmental Protection legal Service Day" jointly organized by Jinan Intermediate people's Court and Jinan Ecological Environment Bureau. During the event, dozens of department heads, including Xu Xiande, the Ministry of Environmental Protection, the Ministry of Legal Affairs, etc., and middle-level cadres and employees of Jiuyang Group Company raised environmental protection-related legal issues on the spot, mainly involving: how to store, transport, dispose, and utilize solid waste in accordance with the law? In order to transform and construct dust removal equipment and facilities, the company needs to stop all relevant pollution prevention and control facilities. What procedures should it go through? How to understand and apply the "Shandong Province Ecological Environment Administrative Penalty Discretion Benchmark Application Regulations" and the "Jinan City Ecological Environment Bureau's Implementation Opinions on Lighter Mitigation and Exemption of Administrative Penalties? In the course of the trial, if there are inconsistent legal bases such as laws, regulations, government rules and judicial interpretations, how to apply the law? Zheng Zhiyong, leader of Jinan Intermediate People's Court and second-level investigator, Liu Jiying, President of Environmental Resources Tribunal, Xu Guangliang, Director of Regulations Division of Jinan Ecological Environment Bureau, People's Court of Laiwu District of Jinan City, relevant leaders of Laiwu Branch of Jinan Ecological Environment Bureau and Lawyer Luo Xianghu respectively answered the above questions on the spot and achieved the expected good results, and won warm applause from the cadres and employees of Jiuyang Group Co., Ltd. Shandong Jiuyang Group Co., Ltd. is a large-scale whole industry chain iron and steel joint enterprise integrating coking, metallurgy, cultural tourism and intelligent manufacturing. It is one of the enterprises listed in the high-quality development plan of Shandong Province. it is also the construction base of new materials industry for tool and die steel in the high-quality development plan of Shandong Province. Jiuyang Group Co., Ltd. is the largest medium and wide strip steel production base in Shandong Province, the largest standard parts material production base in Shandong Province, and the largest steel material production base for prestressed pipe piles in Shandong Province. It was rated as "high-quality brand of Chinese strip steel plant" and "high-quality steel plant brand of Chinese industrial wire industry". Won the title of excellent (B) enterprise in the development quality and comprehensive competitiveness of China's iron and steel enterprises, China's excellent iron and steel enterprise brand, China's excellent iron and steel enterprise, national key high-tech enterprise, Shandong provincial technology center enterprise, provincial advanced production safety unit, Shandong excellent enterprise and Shandong intelligent manufacturing pilot demonstration enterprise, Shandong manufacturing high-end brand cultivation enterprise, Jinan real economy leading enterprise and other honorary titles. In 2021, it ranked 400 among the top 500 Chinese enterprises; 201 among the top 500 private enterprises in China; 192 among the top 500 manufacturing enterprises in China; 110 among the top 500 private manufacturing enterprises in China; 37 among the top 100 enterprises in Shandong; 19 among the top 100 private enterprises in Shandong; and 31 among the top 100 industrial enterprises in Shandong.
2022-02-24
23
2022-02
On February 23, 2022, the launching ceremony of the "Shandong Provincial National Intellectual Property Protection Center Rapid Rights Protection Station" was successfully held in Zhongcheng Qingtai Jinan Institute. Yin Qiangmin, deputy director of Shandong National Intellectual Property Protection Center, Li Huabin, member of the Rapid Rights Protection Department, Mou Renan, member of the Pre-trial Department, and Guo Jing, member of the Rapid Rights Protection Department, attended the ceremony and unveiled the rights protection station. Han Honggang, director of Zhongcheng Qingtai Law Firm, Geng Guoyu, party secretary and director of Jinan Institute, Mou Xun, partner Tian Feng, lawyers Miao Ze Zhuang, Ma Xugan and Mao Xiang attended the ceremony. After the ceremony, the two sides held a discussion on the work content and objectives of the "rapid rights protection station of Shandong national intellectual property protection center. The two sides discussed in depth the innovative ideas and specific measures to carry out the work of the rights protection station, and further exchanged views on the declaration and protection of intellectual property rights. The two parties stated that the next step will be to strengthen close cooperation, advocate resource sharing, strengthen exchanges and training between personnel and business, implement the "strict protection" standard, build a "big protection" pattern, pursue the effect of "fast protection", and adhere to the "same protection" "The principle provides strong intellectual property protection for accelerating the innovation-driven development strategy and optimizing the business environment. Zhongcheng Qingtai Law Firm has a large number of high-level expert teams in the field of intellectual property legal services such as patents, trademarks, copyrights, etc., providing satisfactory protection solutions and performance for the intellectual creativity and technological innovation of a wide range of client groups. Prior to this, many lawyers from Zhongcheng Qingtai have been selected into the talent expert database of the provincial protection center. Taking this first batch of rapid rights protection stations as an opportunity, Zhongcheng Qingtai lawyers will continue to use their own professional and dedicated services to help relevant filing entities achieve all-round protection of technical barriers and brand advantages, and help achieve a new level of rapid rights protection of intellectual property rights.
2022-02-23
22
2022-02
Mr. Li Heng was appointed as an arbitrator of Shenzhen International Arbitration Court.
According to the "the People's Republic of China Arbitration Law" and the "Shenzhen Court of International Arbitration Regulations", the Shenzhen Court of International Arbitration (also known as "South China International Economic and Trade Arbitration Commission", "Guangdong-Hong Kong-Macao Greater Bay Area International Arbitration Center", "Shenzhen Arbitration Commission", English abbreviation SCIA) Deliberated at the 18th meeting of the second council, the new "Shenzhen Court of International Arbitration List of Arbitrators" will be opened on February 21, 2022. The new arbitrator of Shenzhen International Arbitration Court has 1549 arbitrators from 114 countries and regions around the world. Li Heng, deputy director and senior partner of Zhongcheng Qingtai (Jinan) law firm and President of Zhongcheng Qingtai Law Research Institute, has been employed as the new arbitrator of Shenzhen International Arbitration Court. Founded in 1983, Shenzhen International Arbitration Court is the first arbitration institution in Guangdong and Hong Kong, and the first arbitration institution in China to implement a legal and international corporate governance mechanism. The Shenzhen Court of International Arbitration adheres to the principle of "independence, impartiality and innovation", is based on the Guangdong-Hong Kong-Macao Greater Bay Area, faces the "Belt and Road", and enjoys extensive credibility in the national and international arbitration circles. As the first arbitration institution in China to hire overseas arbitrators, SZC continues to increase the internationalization of its arbitrator structure. The roster of arbitrators covers 77 countries and regions, basically achieving full coverage of countries along the "Belt and Road". There are 385 overseas arbitrators, accounting for more than 41%, and the proportion of internationalization is leading the country. The appointment of lawyer Li Heng as an arbitrator of Shenzhen International Arbitration Court fully reflects Shen Guozhong's high recognition of lawyer Li Heng's professional quality, ability, professional ethics, moral quality and work attitude, and fully demonstrates the professional level, professional ethics and industry influence of lawyer Li Heng in the fields of construction, infrastructure construction, project financing, bidding law, PPP and other dispute resolution.
2022-02-22
18
2022-02
On February 18, 2022, Li Changkui, deputy chief procurator of Jinan tianqiao district People's Procuratorate, and his party went to Zhongcheng Qingtai Jinan Institute to carry out party building exchange activities. Han Honggang, director of Zhongcheng Qingtai Institute, Wu Xuhui, Shi Guangbo and Tian Wenhua, deputy directors of Jinan Institute, and Liu Xiuqin, party building commissioner, warmly received them. Director Shi Guangbo accompanied the Tianqiao District People's Procuratorate and his party to visit the office environment of Zhongcheng Qingtai Jinan Institute and introduced the law firm's functional areas, performance honors, business scope, etc. At the symposium, Director Shi Guangbo gave a detailed introduction to Zhongcheng Qingtai's party organization structure, organizational construction mechanism, rules and regulations mechanism, work integration mechanism, learning and education mechanism, etc., focusing on Zhongcheng Qingtai's innovative ideas in party building work And innovative practices, the two sides conducted in-depth discussions on the party building business integration mechanism and talent training issues, which were unanimously recognized by the leaders of the Tianqiao District Procuratorate. The two sides said that the next step is to strengthen business exchanges, learn from excellent experience, strengthen team building, enhance the professional ability of the legal professional community, and better serve the overall situation of economic and social development.
2022-02-18
18
2022-02
On the morning of February 18, 2022, lawyer Luo Xianghu of Zhongcheng Qingtai (Jinan) Law Firm was invited to provide legal training for Shandong Academy of Environmental Sciences Environmental Testing Co., Ltd. General Manager Cao Dayong and cadres and employees participated in the training. First of all, lawyer Luo Xianghu introduced the relevant provisions and practical experience of the contract code of the Civil Code. In view of the characteristics of the testing company of the Academy of Environmental Sciences, which is mainly engaged in environmental professional services, the main body of the contract, the scope of the contract service agreement, the payment of service fees, the liability for breach of contract, the jurisdiction of disputes and other aspects were combed, and the relevant issues were discussed interactively with the participants. Subsequently, lawyer Luo Xianghu systematically introduced the newly revised "Solid Waste Law" in 2020 from four aspects: the revision background, main revision contents, new requirements for enterprises put forward by the revision of the "Solid Waste Law" and key points of solid waste and hazardous waste management, and discussed and exchanged relevant legal issues and analyzed possible enterprise risks, in view of the potential risks, the countermeasures and professional suggestions were put forward, which were highly affirmed by the participants. Shandong Academy of Environmental Sciences Environmental Testing Co., Ltd. is a wholly-owned subsidiary of Shandong Environmental Protection Science Research and Design Institute Co., Ltd., and is a state-owned enterprise with 13 qualifications in the whole field of ecological environment testing. Mainly engaged in environmental testing services; Identification of solid waste and hazardous waste; Inspection of environmental protection products and performance testing of environmental protection equipment and facilities; Environmental damage identification and assessment; Site investigation and risk assessment, restoration effect assessment, identification of responsible persons for soil pollution; Radiation environmental assessment, testing and acceptance; Radiological health technical services; Testing technology training; Environmental testing big data platform construction and comprehensive analysis services. The company is established by Shandong Environmental Protection Science Research and Design Institute Co., Ltd. Testing Center, Judicial Appraisal Center, and Shandong Boer Radiation Environmental Technology Co., Ltd., with 3 management departments and 7 business departments. The company has a high-quality talent team, with more than 120 employees, including 55 graduate students and above, 23 senior engineers and above titles, 1 special consultant of the Standing Committee of Shandong people's Congress, 3 national environmental damage identification experts, 1 expert from the national Torch Program expert database, 2 national inspection and testing institutions qualification accreditation assessors, and more than 10 people holding various professional qualification certificates, there are more than 30 national, provincial, and municipal industry experts. It is a technical team with professional skills, strong business capabilities and high service efficiency.
2022-02-18
17
2022-02
On February 15, 2022, Zhang Guangrui, a lawyer from Zhongcheng Qingtai (Jinan Free Trade Zone) Law Firm, was invited to carry out special legal training on "interpretation of relevant legal issues in the process of fire protection law and fire protection design review, fire protection acceptance, fire protection acceptance filing and spot check" for the construction project fire protection supervision department and fire protection technical service center of Shandong housing and urban rural development department. Based on practical experience, lawyer Zhang Guangrui explained the three aspects of fire protection law overview, construction project fire protection design review, fire protection acceptance, fire protection acceptance filing, random inspection, administrative law enforcement and judicial cases, discussed and exchanged relevant legal issues, analyzed the possible law enforcement risks, and put forward coping strategies and professional suggestions for law enforcement risks, combined with law enforcement cases and judicial cases are explained in detail. Wang Runxiao, member of the Party Leadership Group and Deputy Director of the Department of Housing and Urban-Rural Development of Shandong Province, Yan Xingli, the construction project inspector, and all cadres and employees of the construction project fire supervision department and the fire technical service center participated in the training and spoke highly of the lectures.
2022-02-17
07
2022-02
Fu Hu Shengwang, start good fortune. On February 7, 2022, the first working day of the Lunar New Year of the Tiger, Zhongcheng Qingtai Jinan Regional Spring Festival Celebration and Work Mobilization Meeting was held ceremoniously. All colleagues exchanged New Year blessings and discussed the work arrangements for 2022. The meeting was presided over by Director Yao Huming, and Jinan regional branches and business departments reported their 2022 work plans respectively. In the new year, Zhongcheng Qingtai region will continue to innovate in market expansion, team building, business training, professional development, social welfare and other aspects, and make unremitting efforts to build a mainstream national institute. (Heads of Business Departments of Shanghai Institute, Free Trade Zone Institute and Jinan Institute Report 2022 Work Plan) Director Geng Guoyu Mobilizes New Year's Work. Director Geng, in combination with the development situation of the lawyer industry, proposed that in 2022, we should actively give full play to the advantages of Zhongcheng Qingtai, pay attention to key markets, care about the development of young lawyers, vigorously integrate resources, improve the service and empowerment level of law firms, enhance the happiness of employees, and encourage all colleagues to continue to work hard, make great efforts and lead the 2022! Director Han Honggang made a speech for the Spring Festival. Director Han encouraged everyone to handle the many relationships faced by lawyers, improve their professional ability, build big-name lawyers, build brand law firms, and express New Year's congratulations to all colleagues. I wish everyone a good start!
2022-02-07
26
2022-01
In the name of love, gather goodwill. Speak for love and help the public good. On January 26, 2022, the results of the "First Lawyer Public Welfare (Social Responsibility) Typical Cases" solicitation and selection activity carried out nationwide by the Rule of Law Daily and the Lawyer Research Center of China University of Political Science and Law were announced. In combination with public voting and expert review, the "Series of Public Interest Litigation Cases of Chinese Workers' Claims against Japan in World War II" that I participated in was selected as the "Top Ten Typical Cases of Participating in Disposal of Major Events". Lawyer Dong Yiming, the founding partner of our firm and director of Beijing Institute, joined the Chinese non-governmental claims against Japan lawyer group initiated by Kang Jian lawyer of Beijing Fangyuan Law Firm in 2000, and is a member of the steering group of non-governmental claims against Japan lawsuit of the National Lawyers Association. As the executive head of the legal team, the team of lawyers Dong Yiming and Zhou Jiakui is responsible for the investigation and evidence collection in Shandong. Together with Chinese lawyers, Japanese lawyers and non-governmental support groups in China and Japan, they have repeatedly visited Jinan, Dezhou Pingyuan, Yucheng, Weifang, Qingdao and other places in Shandong Province to investigate and collect evidence, look for living workers, record a large number of oral transcripts for surviving workers and their survivors, and their survivors, and take videos, provide compulsory legal services to workers. In 2004, lawyer Dong Yiming filed a damages lawsuit with the Japanese government and related Japanese companies as defendants in the Miyazaki Prefecture Court on behalf of Shandong victimized workers, and appeared in court many times as an assistant to assist the workers in presenting their opinions in the court. Since then, he has traveled to Japan more than ten times at his own expense, led dozens of workers and their survivors to the places where they were forced to work on the spot to investigate and collect evidence, and helped more than 100 workers to participate in rallies, speeches, publicity and other activities in Tokyo, Japan, and exposed the fact that the Japanese government and related enterprises had harmed Chinese workers through various press conferences. In February 2014, the private claim lawyer group against Japan began to file a domestic lawsuit. Dong Yiming, Zhou Jiakui and other lawyers jointly accepted the entrustment of more than 50 workers and their survivors who were persecuted during World War II, and sued Mitsubishi Integrated Materials Co., Ltd. and Japan Coke Industry Co., Ltd. for damages in the Beijing No. 1 Intermediate People's Court. In March of the same year, the Beijing No. 1 Intermediate People's Court accepted the case, becoming the first case in which a domestic court accepted and heard a Chinese World War II labor lawsuit against a Japanese company. Over the years, our lawyers Dong Yiming, Zhou Jiakui and other lawyers participated in the "Chinese World War II Labor Claims Lawyers Group against Japan", which has overcome multiple difficulties and has repeatedly represented private "forced labor" claims against Japan in public interest litigation. It has made important contributions to safeguarding the legitimate rights and interests of domestic victims. This selection is not only a manifestation of the social responsibility of our lawyers, but also an interpretation of the professional significance of lawyers. In the future, Zhongcheng Qingtai lawyers will continue to uphold the public welfare feelings of giving back to the society, earnestly handle every public welfare case, practice the practice concept of "rule of law for the people" in specific cases, and realize the sacred duty of legal workers to enforce the law for the people.
2022-01-26
26
2022-01
Zhongcheng Qingtai Jinan Institute 2021 Fund Business Fruitful Results
In 2021, Zhongcheng Qingtai Jinan Fund's legal service performance was fruitful, including the fund's perennial legal adviser, fund manager registration, fund establishment and filing, fund investment and financing, changes in major matters of fund managers, fund dispute handling, and fund liquidation business all increased on a large scale. The new units of perennial legal advisers in the fund category include Shandong Green Development Fund Management Co., Ltd., Weihai Industrial Investment Group Co., Ltd., Jinan Licheng Financial Holding Group Co., Ltd., Shandong Expressway Shengtong Private Equity Fund Management Co., Ltd. and other units; the registration performance of new managers mainly includes Shandong Guoxin Yiyang Private Equity Fund Management Co., Ltd., Shandong Lushang Private Equity Fund Management Co., Ltd., Shandong Tietou Investment Management Co., Ltd., Jinan Caitou New Kmoing Private Equity Fund Management Co., Ltd. Provincial state-owned fund companies; in addition, fund investment, major changes in fund managers, fund product establishment and filing business have increased on a large scale, among them, the standardization and filing of three difficult private equity fund products with a cumulative scale of 6 billion yuan have been completed. With a large number of fund products entering the exit liquidation period, this year's fund liquidation exit and dispute resolution performance growth is more significant. Among them, the fund liquidation exit projects include the iron investment Changyi fund share transfer project, Weifang Guoxin fund liquidation project, Tiandi co-rich fund liquidation project. The project of fund dispute handling includes the dispute handling of a relief fund in Shandong, a dispute handling involving HNA investment fund, a fund repurchase dispute handling in Weihai, and a dispute handling project involving Ruyi investment fund. The total amount involved in the liquidation, withdrawal and dispute settlement of the above-mentioned funds is nearly 2 billion yuan. The withdrawal path and dispute settlement plan formulated by Zhongcheng Qingtai Fund team are feasible and have achieved good results. Zhongcheng Qingtai Jinan set up a fund business center in May 2019 in order to do excellent, refined and specialized fund business and better provide legal services to fund business clients. The center brings together excellent lawyers from various departments in the institute and is now composed of more than 30 senior lawyers who are proficient in and familiar with the field of fund legal business. The team lawyers are all graduated from well-known law colleges in China, more than 80% of lawyers have a master's degree or above, a diploma with a double degree, and a collection of multi-compound lawyers in the fields of companies, securities, criminal, and real estate. The legal service team of Zhongcheng Qingtai Fund has been providing legal services for the provincial, municipal, and county (district) government guidance funds. Since 2017, it has provided services for the Shandong Provincial Guidance Fund. The current guidance funds also include Jinan City Guidance Fund, Weihai City Guidance Fund, Jinan Licheng District Guidance Fund, Qingdao North District Guidance Fund, etc. In addition to the above-mentioned guiding fund clients, it also provides legal services to more than 30 provincial and municipal state-owned enterprise fund companies and high-quality private fund companies, including Shandong Finance Group, Shandong Development Investment Group, Shandong Guohui Group, Shandong Merchants Group, Shandong Expressway, Jinan first Investment Company, etc., and has been committed to providing customers with accurate scheme design, Minimize legal risks for customers.
2022-01-26
21
2022-01
On January 18, 2022, a duty crime case in which lawyer Wang Junjie of Zhongcheng Qingtai Jinan Institute served as a defender was withdrawn. The procuratorial organ decided to withdraw the prosecution against the defendant Wang on the grounds of insufficient evidence. The court discussed and made a decision by the trial committee, allowing the procuratorial organ to withdraw the prosecution against the defendant Wang. According to the relevant provisions of the Criminal Procedure Law and the Criminal Procedure Rules of the People's Procuratorate, for cases where the prosecution is withdrawn, the People's Procuratorate shall make a decision not to prosecute within 30 days after the prosecution is withdrawn; no further prosecution shall be carried out without new facts or new evidence. The litigation process of this case can be described as twists and turns. After seven trials by the court, all the litigation procedures set by the Criminal Procedure Law have been basically completed. This case occurred in 2018. After the investigation by a municipal supervisory committee was concluded, the procuratorial organ filed a public prosecution for the defendant Wang's crime of embezzlement; on June 29, 2018, the court of first instance ruled that Wang constituted the crime of embezzlement. After the sentence was pronounced, Wang refused to accept the appeal, and the procuratorial organ also protested. On December 7, 2018, the Intermediate Court of Second Instance ruled to reject the protest and appeal and uphold the original judgment. After the above judgment became legally effective, the defendant Wang filed a complaint, and the intermediate court that accepted the complaint rejected the complaint on March 27, 2019. On November 25, 2019, after the president of the intermediate people's court found that there was a mistake, the intermediate court decided to retry the case and ruled to send it back for retrial. The court of first instance retried the case and rendered a criminal judgment on November 12, 2020, after which the defendant, Wang, appealed against the judgment. On June 23, 2021, the Intermediate Court ruled to rescind the original sentence and send it back for retrial. The court of first instance retried the case in July of the same year. During the retrial, the procuratorial organ made a decision to change the prosecution on September 3 of the same year, reducing the criminal facts and amount of the defendant Wang's occupation, and finally withdrew the prosecution of all the criminal facts and amount of the defendant Wang on January 18, 2022 on the grounds of insufficient evidence. Zhongcheng Qingtai Jinan Institute was entrusted in November 2020 and July 2021 respectively to appoint lawyer Wang Junjie as the defender of the defendant Wang Mou in the second and retrial stages of the first instance. After intervening in this case, the defense lawyer carefully studied the file materials, carefully designed the defense plan, and actively performed the defense duties, and realized the effective defense of the case. The following defense experience can be shared or used for reference: full communication, in-depth reading, active investigation and evidence collection. -- Full communication There is no smooth road and shortcut to achieve effective defense, but full communication, in-depth marking and active investigation and evidence collection are called the "troika" leading to effective defense by the industry ". Effective communication includes communication with the parties, co-counsel and judicial officers. In this case, it was through many meetings with the defendant and his relatives that the defense lawyer had an in-depth understanding of the background and suspicious places of the case, thus obtaining evidence clues for applying for judicial organs to obtain evidence in the second instance stage. The active communication with the original defense lawyer in this case will help to make full use of and learn from the work results of the original defense lawyer, avoid duplication and avoid detours. The defense ideas and defense views of this case are formed on the basis of the defense opinions of the original trial lawyer.. Communication with judicial investigators helps them understand and agree with the defense point of view. After all, the lawyer's defense statement will only work if it is recognized and accepted by the court. Otherwise, it will only be a waste of text and a sigh. It is the active communication with the judge that enables them to initially understand and agree with the lawyer's defense point of view. -- In-depth marking Marking is the basic skill of criminal defense lawyers, and it is also the only way for lawyers to understand the case, find loopholes in the prosecution's evidence, and form defense ideas. In-depth marking is the premise and foundation of effective defense. Marking papers is a hard job, especially in the face of dozens of files in this case, the only hard work is self-knowledge. Marking is not a simple process of reading papers. It embodies professional knowledge, experience and wisdom and inspiration. It can be said that only to a certain extent and depth can we find its wonderful opportunity. After many rounds of marking the case, from rough to detailed to various kinds of evidence one by one, we finally found a key evidence affecting conviction and sentencing-a copy of the IOU. This evidence was in the file from the beginning of the case, but all the personnel ignored it and believed that it was not meaningful as an IOU consistent with other evidence and was auxiliary evidence, however, it is precisely this IOU that shows that the identity of the defendant Wang is the "handler" rather than the borrower (in the guilty verdict, the defendant Wang was found to be the borrower, and Wang also believed that he was responsible for repayment). The "appearance" of this evidence affected the evidence system of the whole case, which was an important reason for the procuratorial organ to think that the evidence in this case was insufficient to withdraw the prosecution. -- Active investigation and evidence collection Generally speaking, procedural defense is the best defense, and evidence defense is the most effective defense in practice. If there is new evidence that affects conviction and sentencing in a case, it means that it is only a matter of time and procedure to change the sentence. In this case, in addition to the "IOU" found in the original file, an evidence clue was also found, that is, the defendant claimed that the money collected from the villagers' shops along the street had been handed over to the land management department through bank transfer (several years have passed), but no record of bank transfer was found, and the land management department also denied receiving the relevant money. The defense lawyer repeatedly asked and even sternly questioned the defendant, hoping that the defendant could truthfully "explain" the whereabouts of the money, but the defendant tried his best to confirm that he had handed it over to the land management department through bank transfer. Where did the money go? The supervisory department retrieved the transfer records of all bank accounts under the defendant's name, but did not find the whereabouts of the money. Finally, based on the defendant's age (more than 50 years old), education (Senior high school), living environment (rural), etc., the defense lawyer inferred that if the defendant's statement is true, then the financial institution to which the transfer is based on the principle of convenience should be in a nearby village and town, and the financial institution should be a common financial institution in the village and town. Based on this criterion, the defense counsel then inferred that the institution to which it transferred the money was likely to be a rural credit union or a postal savings bank. However, the supervisory committees of these two financial institutions have investigated and there is no transfer record. Under what circumstances does the defendant think he has transferred the account but has no record of the transfer? One major possibility is the post office certificate of deposit!!! According to this inference and evidence clues, the defense lawyer submitted an application to the court for new evidence. Under the strong promotion of the presiding judge, the supervisory committee obtained the record of the defendant's handling of large deposit certificates during this period of time, and then obtained the record of a staff member of the land management department taking out the money on the deposit certificates several times. The truth was about to come out. The defendant handled the cash into a certificate of deposit and handed it to a staff member of the land management department. After a long time, he mistakenly believed that he had transferred it to a staff member. The money was finally taken by a staff member. What is even more surprising is that according to the relevant internal policies, the land management department does not charge any other fees except for the cost of the property certificate for the shops along the street in rural areas! At present, the staff member is under investigation for suspected duty crimes and perjury. Of course, the lawyer's defense point of view will only play a role if it is adopted and accepted by the court. The people's court and the people's procuratorate adhere to the principle of "taking facts as the basis and law as the criterion" and fairness and justice, which is the fundamental guarantee for the fair handling of the case.
2022-01-21
Zhongcheng Qingtai Jinan Region
Address: Floor 55-57, Jinan China Resources Center, 11111 Jingshi Road, Lixia District, Jinan City, Shandong Province
