Suspects of contract fraud involving 100 million yuan are not prosecuted

2021 07/22

Recently,our senior partner,lawyer Dong Xiaohua,undertook a contract fraud case involving 100 million yuan.After more than five months of work,the procuratorate finally made a decision not to prosecute.The successful outcome of the case is due to the firm beliefs of the parties,defenders,and family members,as well as the professional integrity of the prosecutor in adhering to principles and handling the case impartially.

One evening in February this year,lawyer Dong Xiaohua received a phone call from a client who was wanted by the Guangdong police and was under pressure to surrender himself.He wanted to hire a defense lawyer before surrendering.After talking with client Sun Mou on the phone for an hour,Lawyer Dong changed his itinerary the next day and flew directly to Zhoushan,Zhejiang.On the evening of the same day,I held a meeting with Sun,his wife,and company executives to study the case,and reviewed the company's contract and other materials in detail.After preliminary understanding of the case,it was discovered that Sun was innocently involved in other people's civil disputes due to an extra chapter on the voyage charter party,and the trigger for the disputes was the sharp drop in oil prices caused by the epidemic.Lawyer Dong took the time to sort out some key materials and asked Sun to bring them to Guangdong to surrender himself,and explained that he should truthfully tell the police.

After Sun was detained for criminal purposes,Lawyer Dong continued to collect materials and gain in-depth understanding with relevant agents of the company,gradually forming a clear idea.The case was transferred to a district level procuratorate for review and arrest.Lawyer Dong promptly invited the prosecutor to communicate the case,and submitted a legal opinion of innocence and a large volume of evidence.The prosecutor listened carefully to the comments,but unfortunately,the arrest was ultimately approved.

Due to the total amount of money involved in the case reaching over 100 million yuan,the case was transferred to the municipal procuratorate for review and prosecution after the investigation was completed.After reviewing the papers,Lawyer Dong fully understood the relationships between more than ten companies involved in the case,and became more convinced that this was a civil dispute rather than a criminal offence.Subsequently,legal opinions were rewritten based on the case file materials,and the undertaker prosecutor was invited to meet and communicate,submitting legal opinions and evidentiary materials.Thanks to lawyer Dong's many years of experience as a prosecutor,she accurately grasped the case and accurately understood the undertaker's thoughts.Although the communication time was not long,both parties focused on the key issues of the case without a word of nonsense.Prosecutors say the case is complex and requires compensation.

Based on the evidence,during the interview,Lawyer Dong analyzed the case and the legal significance of each act with the parties in detail.Although at first the parties felt aggrieved,they were unclear about the logical relationship and legal significance of the series of actions that occurred.After multiple meetings,the parties can clearly and clearly express the original intention,purpose,and effect of each action,avoiding confusion and confusion when asking questions.After the case was returned,supplemented,and re reported,the investigation authorities retrieved more than ten copies of evidence to further clarify the case.Based on the evidence obtained by returning or supplementing the evidence,Lawyer Dong wrote a supplementary legal opinion and again invited the prosecutor to meet for communication.Subsequently,he maintained telephone communication with the prosecutor.

During the waiting process,Dong Xiaohua firmly believes that the procuratorate will handle non prosecution.However,the family members are not optimistic because the victim company is a large state-owned enterprise in the local area.Considering local protectionism,the possibility of not prosecuting is extremely slim,especially since the procuratorate has approved the arrest.But lawyer Dong analyzed the different meanings of arrest and prosecution with them and told them to trust the procuratorate to eliminate interference and enforce the law impartially.

Three days before the expiration of the case,I finally received the notification from the prosecutor.The procuratorate decided not to prosecute Sun and released him the next day,even though it was a Saturday.On Saturday morning,Lawyer Dong accompanied his family to the gate of the detention center to meet them early.After meeting relatives,they hugged each other and wept,while Lawyer Dong hastily embarked on the journey back.

(This article is translated by software translator for reference only.)