Recently, senior partners Dong Xiaohua and Zhu Ting from Gaopeng Law Firm represented a case of suspected embezzlement of official duties. After effective defense, the parties were granted probation and sentencing recommendations by the prosecutor's office after being detained for more than 9 months, and were successfully released on bail.

The party involved, Tang, was criminally detained in August 2024 on suspicion of embezzlement of official duties. At the time when the case was about to be submitted for arrest, the family contacted lawyers Dong Xiaohua and Zhu Ting. After sufficient consultation and communication with the two lawyers, they officially entrusted lawyers Dong and Zhu as defense counsel to handle this case.

After accepting the commission, the two lawyers quickly met with the client and learned that the case was caused by a conflict between the company's executives. Tang was accused of embezzlement by the company's actual controller and provided many facts and clues, intending to accuse Tang of embezzlement of more than 20 million yuan. After multiple meetings and thorough communication with the parties involved, the two lawyers believe that the amount of over 2.7 million yuan involved in the case is certain, but there is a dispute over whether the nature of the case is embezzlement or misappropriation of funds, and it has been returned to the company two years before the incident. Therefore, they can seek probation, which is the key point of defense. However, the charges of tens of millions of yuan should be insufficient evidence and cannot be substantiated. After the case was reported for arrest, the two lawyers quickly submitted a non arrest opinion letter to the prosecution. However, the accuser did provide the public security organs with a large amount of company accounts, business system records, and other evidence that Tang may be suspected of committing a crime, and the amount was particularly large. The prosecution decided to arrest Tang and explained the reasons for the arrest to the defense lawyer over the phone.

After the arrest was approved, the two lawyers maintained a frequency of meetings, fully communicated with the parties and their families, and comprehensively understood the case. They actively collected relevant evidence favorable to the parties and submitted it to the public security organs. They also submitted a written opinion to the public security organs to quickly clarify the facts of the case, and submitted an application for review of the necessity of detention to the procuratorial organs. And the accuser kept pressuring the public security organs, gradually raising clues that Tang was also suspected of misappropriating huge amounts of funds for other companies to use, resulting in the case being handled by the economic investigation departments of the city and district public security organs, and the investigation and detention period being extended twice.

After the case was transferred for review and prosecution, the two lawyers immediately reviewed the case files. After careful sorting and verification with the parties involved, they believed that the evidence in the case could prove that the confirmed amount involved was only over 2.7 million yuan, and it could not be determined that Tang had subjective intention of illegal possession. It should be determined as the crime of embezzlement of funds, and the relevant facts related to other amounts did not constitute any crime. They promptly submitted written defense opinions to the procuratorial organs. After the prosecution returned the case for supplementary investigation, two additional defense opinions were submitted one after another, and multiple phone conversations were held with the prosecutor to fully explain the opinions and reasons. In the end, the prosecutor adopted the majority of the opinions of the two lawyers and recommended sentencing Tang to three years in prison with probation. After listening to the lawyer's advice, Tang voluntarily signed a confession letter and was subsequently changed to a compulsory measure, successfully released on bail. Thus, the case has achieved substantial and significant results, and the two lawyers have received high recognition from the parties and their families.

The effective handling of cases is due to the precise defense of defense lawyers, the full trust of parties and their families in lawyers, and the correct performance and legal responsibility of judicial personnel. Gao Peng, a criminal defense lawyer, will uphold the pursuit of fairness and justice, continue to strengthen professional ethics and abilities, and make unremitting efforts to fight for the maximum legitimate rights and interests of the parties involved!