What is the best defense lawyer for fraud?

-Original: Criminal defense lawyer Wang Tongsheng

Preface

"Innocence is a fluke, Lai Zuen is exempted from punishment, but it is helpless to suspend the above" fruit ":it blocks the future of children and hurts the kindness of loving mothers; The lawyer will accompany you for a while, and you will be self-cultivation for a lifetime. "

-Lawyer Wang Tongsheng of Zibo

Since professional criminal defense in 1995, two fraud cases have been handled: no prosecution; 1 case received state compensation; 4 not guilty; 1 case was withdrawn by the public prosecution agency; Two suspended sentences.

It seems that I have special experience in handling fraud or contract fraud cases.

A few cases that impressed me deeply:

1. Gong XX fraud case, no prosecution.

four defendants in one case. I looked up the file and found that the investigation agency was "arrogant". After defense, no prosecution.

2. Wang X's fraud case was tried in the first instance for ten years, defended in the second instance, and went home without guilt.

I was originally a "product partner" of an enterprise, and was detained for fraud because of factors such as the lack of payment for goods. I came forward to get a bail pending trial. He was detained for about a year, and was sentenced to 1 years in prison at first instance.

after the appeal, I went home on bail pending trial. It's been twenty years, and nothing happened again.

3. Li X's fraud case was tried in the first instance for ten years, defended in the second instance, and went home without guilt.

I tried for ten years, but I didn't appeal, in order to see the children after the judgment came into effect.

I said: Is it better for you to go home without guilt and be with your children every day, or is it better in prison?

under my persuasion, I appealed, went home on bail and was reunited with my children.

4. In the fraud case of Shoux, the public prosecution agency withdrew the prosecution.

it's the same as Wang x filial piety, but the units of the two sides are different. One interesting thing about this case is that when the case came to court, the defendant's family told a detail: the parties reached a mediation agreement, determined the repayment plan, and the materials were taken away by the investigators.

However, there is no such material in the file. I asked the parties to find the investigators and ask for it, and handed it over to the court. Shoux Camp returned home on bail pending trial.

Shoux Camp sent me a small car to express its gratitude. I didn't want it, but also sent me a Taishan stone, which has been sitting in my office.

5. He Cheng has been home on bail for several years in the X fraud case.

when a foreigner was arrested in a foreign country, his relatives came to me to defend him and went home on bail pending trial.

I summarized this case as follows: the lawyer intervened in time.

First, the suspect's family entrusted a lawyer as soon as possible, which was timely; Second, as a defense lawyer, I will go through the formalities immediately and meet with him immediately. It is very important to explain the legal provisions to the criminal suspect before the prosecutor in charge of arresting him is arraigned.

I remember that just after the meeting, I found the police car of the procuratorate coming, and I deliberately "avoided it".

why? Because, if the prosecutor sees me and finds that the lawyer met with the suspect, he will think that the suspect made a confession under the guidance of an expert.

6. Guangdong Lin XX fraud case, no prosecution, and compensation.

very interesting case. After I didn't sue, I represented the state in compensation, and some people in the procuratorate were very unhappy. I still argued, and in the end, I lost more than 14, yuan. After Lin XX came out, he gave me a set of "lovers' watch", saying it was gold, and it turned white after a few months, hahahaha.

7, Yang XX fraud case, suspended.

this case is hanging by a thread. One trial, two postponements, other defendants appealed, and the second trial was actually changed to three postponements.

Yao Nv X went home on bail pending trial.

An "export-oriented" enterprise was cheated by foreigners for millions of dollars. The investigation agency captured Yao X. His mother entrusted other lawyers, and other lawyers asked me to handle it together. During the period, the injured party sought me through various channels, and I still defended according to law. After Yao X went home on bail pending trial, the injured party wrote to the secretary of the municipal party committee and told me to teach the suspect to retract his confession. The justice bureau investigated me. The conclusion is that "Lawyer Wang Tongsheng handled the case according to law".

why just sue me, the lawyer who helped?

8. Liu X was arrested for contract fraud involving tens of millions. After defense, he was released on bail pending trial.

after the suspect was arrested, his family asked me to defend him. I thought the case should make progress, so I said, "I still trust my intuition, and it may not be hopeless."

But the suspects and their families just don't have confidence, so I can't send them WeChat: Please build up your confidence and let's work together.

In the end, the suspect was released on bail pending trial.

The innocent defense of fraud

In this case, the names of people and places are all pseudonyms

Xia.

A low mountain with dense vegetation is said by local people to be a treasure trove of geomantic omen.

There is a new cemetery on the south side of the hillside, which is very large. A large crowd is having a funeral.

The old lady in this family just passed away.

The old lady has two sons and a daughter.

this family is very famous in the local area. In the early days of reform and opening up, it was the first family in "Green Sea City" to advertise in TV stations, including trading companies and restaurants.

During the separation, the eldest son "Linshan" got a large-scale restaurant, the second son "Linshan" got a trading company, and the daughter also got a lot of property.

a few years later, due to business problems, the hotel collapsed, and the eldest son spread all over the country, looking for new development opportunities.

A few hundred kilometers away, in Tianzhou City, the vice mayor in charge of industry and the leaders of several functional departments are driving to Green Sea City.

In the wave of attracting foreign investment, it was introduced that Linshan set up a trading company in Tianzhou City six months ago, which was responsible for promoting the special products of Tianzhou City, and now the trade volume has reached several million. The mother of the manager of the company died, so it is appropriate for him to express his mind as the leader in charge.

The leader of Tianzhou City came, but Linshan hid. Because "Linshan" is very clear that his economic strength is far from what he claims, it is natural for the leaders of "Tianzhou City" to be exposed.

the behavior of "Lin Shan" aroused the vigilance of the leaders of "Tianzhou City", and only after asking about it did they know that they had been cheated.

after coming back, I reported the case to the public security bureau of Tianzhou City and arrested Lin Shan, who confessed the crime of fraud. And explained that the goods were sent to his brother's "forest tree" trading company and then sold.

"Tianzhou City" Public Security Bureau arrested "Linmu" again, on the grounds that they were both guilty of the same crime.

The Lins' daughter knows that no matter whether Linshan constitutes a crime or not, Linshan has been operating normally, and it is impossible to cheat with Linshan. Moreover, "Forest Tree" gave all the payment to "Linshan" through the bank.

The Lins' daughter knew that "Linmu" had been wronged, so she worked hard to get Linmu to go home as soon as possible. Two months later, there was still no result, so he came to me to consult and defend the "forest tree".

in the investigation stage, after I handed over the formalities to the case-handling personnel, I asked to meet the criminal suspect "Lin Mu", and the case-handling personnel evaded it with various excuses. I have to travel more than 2 kilometers from the law firm to the case-handling unit once. When I find the case-handling personnel for the fourth time, I am allowed to meet, but I can't ask about the case.

"How can I provide legal advice if it doesn't involve the case?" After hard work, the case-handling personnel agreed to ask the case, but they could not ask the specific circumstances.

Only two lawyers can meet the criminal suspect, and the law stipulates that the case handlers can be present. In order to know as much as possible about the case application and provide high-quality legal services for the parties, I intend to arrange another lawyer to talk with the case-handling personnel to divert the attention of the case-handling personnel and delay the time.

Through meeting with the criminal suspect, we learned that Lin Mu's brother defrauded the trust of the relevant units from the crime scene and sent goods worth more than two million yuan to Lin Mu, who bought them. However, "Lin Mu" knew nothing about how his brother got the goods, and all the money was paid to his brother. Obviously, "forest trees" have no purpose of illegal possession, and there is no intention of fraud, which should not constitute the crime of fraud.

article 25 of the current criminal law stipulates: "* * * a joint crime means that two or more people * * * commit a joint crime intentionally."

that is to say, in order to constitute a * * * joint crime, it is necessary to have a * * * joint criminal intent. The criminal intent of * * * means that each * * communicates with the criminal through intention, knowing that he is cooperating with others to commit the crime, recognizing the nature of the criminal act of * * * and the harmful result of the act, and hoping or letting this result happen. If the perpetrator doesn't know the real criminal intention of others, doesn't know the nature of the criminal acts committed by others, or is deceived by others or in his own wrong understanding, and participates in the crimes committed by others under the wrong understanding of the criminal nature, it can't be considered that the perpetrator has committed the same crime with others.

I communicated my opinions to the case handlers in detail from the legal aspect. However, the reconnaissance agency still transferred to the local public prosecution agency for prosecution.

I handed over the defense procedures to the public prosecution agency, communicated with the case handlers for more than 1 times, and printed my defense opinions to the case handlers, suggesting that "Lin Mu" be acquitted. After efforts, the procuratorate made a decision not to prosecute the "forest tree" according to law and released the "forest tree" home.

Lin Mu, who has been imprisoned for nearly a year, is very grateful. He sent a banner with the words "Legal guardian, as heavy as a mountain" to express his gratitude.

"Forest Tree" has entrusted me with the state compensation, and handled the entrustment procedures properly.

I went to the "Tianzhou City" Procuratorate and submitted the application for state compensation for "forest trees". The prosecutor who received me asked me to wait and went out.

ten minutes later, the prosecutor led me to an office on the second floor. The door number said "Deputy Attorney General's Office". There were four people in the office, including myself.

As soon as I entered the door, one of them asked me rudely, "Can your lawyer represent the state compensation case?"

"Yes." I answered.

"show me the legal basis!"

I saw some books in the bookcase in the office, including legal books. Although I was standing at the door nearly four meters away, I could still see the contents of the books clearly because of my good eyesight. I looked into the bookcase with my eyes to see if I could find out the relevant legal provisions from the books in the bookcase.

"What are you looking at? This is a procuratorate, not a park!"

"I can't take books with me when handling a case. I want to see if I can find legal provisions from the books in your bookcase."

"I'll ask you to give me specific regulations, and don't look around here!"

I couldn't control myself any longer, and I said angrily, "It is stipulated that you should find it yourself. I am the agent of the case and have no obligation to give you classes!"

talk and walk out.

The prosecutor who went up to the second floor with me grabbed my hand and wouldn't let me go. I shook off, walked out, took a bus back to the office and told the people in the office, "As long as it's the phone number of the Tianzhou City Procuratorate, just say I'm not here."

because, according to the law, after a party applies for state compensation, the respondent must reply within the statutory time limit, otherwise, the applicant can apply to the state organ at the next higher level of the respondent, and then the influence will expand, which will be unfavorable to the applicant.

in the next half month, the procuratorate of Tianzhou called me many times, but I didn't answer. Finally, a registered letter was sent to me, which read: Lawyer Wang Tongsheng, please hand in your agency procedures.

seeing that the time was ripe, I handed in the formalities.

The procuratorial organ made a decision: compensation for "forest trees" was more than 14, yuan.