On the afternoon of September 26, 2024, the Criminal Business Research Association of Chaoyang District Lawyers Association in Beijing held the fourth law firm exchange, interaction and special seminar event at Gaopeng Law Firm in Beijing. The theme of this special seminar is: Research on the Practical Issues of Criminal Defense under the Background of the 12th Amendment to the Criminal Law - Legal Application Issues of the Crime of Engaging in Fraudulent Practices and Selling Company and Enterprise Assets at Low Prices. Zhang Yannan, Deputy Director of the Criminal Professional Committee of Chaoyang District Lawyers Association, Secretary An Hongpeng, and some members attended the event.

The event was hosted by Lawyer Feng Chengcheng, Senior Partner of Beijing Gaopeng Law Firm. Lawyer Jiang Liyong, Senior Partner and member of the Supervision Group of Beijing Gaopeng Law Firm, delivered the opening speech. Lawyer Jiang Liyong first welcomes everyone's arrival, and then analyzes the current economic situation to introduce the opportunities and challenges faced in the field of criminal defense in the current environment. She advocates that lawyers learn and study the criminal elements of this crime, apply it to cases involving civil and criminal law, and encourage everyone to apply the experience and insights shared in the seminar to practice, increase professional knowledge and achieve work results. Finally, she wishes the seminar a complete success.

Jiang Liyong

This seminar is divided into two parts. In the first half, the theme of the presentation is "Analysis of Practical Issues in the Crime of Engaging in Fraudulent Practices and Selling Company and Enterprise Assets at Low Prices". The speaker is Lawyer Pan Yi from Beijing Shengchi Law Firm. Lawyer Pan Yi first introduces his understanding of the practical issues of this crime from a legislative perspective. This article elaborates on the protected objects and filing standards of this crime from a legislative perspective, and then focuses on the analysis of practical issues, including the distinction between this crime and the crime of embezzlement of official positions, as well as the distinction between this crime and the crime of abuse of power by personnel in state-owned companies, enterprises, and institutions. At the same time, some controversial issues regarding the crime itself were raised, sparking heated discussions among everyone.

In the discussion session, Lawyer Sun Jiaqi, Senior Partner of Beijing Gaopeng Law Firm, summarized Lawyer Pan Yi's speech and focused on elaborating on whether this crime involves legal competition or imaginative competition with the other two charges mentioned above; Lawyer Zhang Yannan, Deputy Director of the Criminal Professional Committee of Chaoyang District Bar Association and Partner of Beijing Qiancheng Law Firm, has put forward the viewpoint that the suspect may commit the crime through what he considers to be more covert means around the change of the criminal subject of the crime, which is refreshing to everyone.

The theme of the second half of the presentation is "Controversial Points on the Crime of Engaging in Fraudulent Practices, Low Price Stock Conversion, and Selling of Company and Enterprise Assets". The speaker is Lawyer Feng Chengcheng, Senior Partner of Beijing Gaopeng Law Firm. Lawyer Feng Chengcheng analyzed in detail the crimes of favoritism, embezzlement, low price stock conversion, sale of company and corporate assets from four parts: historical evolution, constituent elements, litigation standards, and dispute points. And analyzed the difference between this crime and the crime of corruption in a simple and understandable way by combining cases and regulations. Finally, I also had in-depth discussions with everyone about the problems I have encountered in practice.

During the conversation, Lawyer Guo Jinhui, Senior Partner of Beijing Gaopeng Law Firm, shared a case of medical device company suspected of embezzlement, which gave everyone a deeper understanding of the difference between this crime and embezzlement; Lawyer An Hongpeng, Secretary General of the Criminal Professional Committee of Chaoyang District Bar Association and Senior Partner of Beijing Jiawei Law Firm, expressed his prediction and thoughts on the future trend of this crime from the perspective that even though it is niche, it still receives attention from the Criminal Law Amendment. He also highly recognized the learning achievements of this seminar.

Finally, Lawyer Zhang Yannan, Deputy Director of the Criminal Professional Committee of Chaoyang District Lawyers Association, gave a summary of the seminar. For this seminar, he believes that the crime of engaging in favoritism, embezzlement, and selling company or enterprise assets at low prices is worthy of in-depth study, which is of great significance for combating crime and protecting private enterprises. He also shared his gains and feelings from this event and highly praised its successful organization.

This event successfully concluded the last special seminar of the Criminal Business Research Association of Chaoyang District Lawyers Association in Beijing this year. The members of the Criminal Business Research Association gathered together to discuss the theoretical and practical issues encountered in the crime of favoritism, embezzlement, low price stock conversion, and sale of company and enterprise assets. Through the organization of this seminar, members of the Criminal Business Research Association and lawyers had in-depth exchanges of ideas, strengthened their understanding of the legal application of this crime, and promoted the common improvement of criminal business level.