What Does an Embezzlement Attorney Do?

Bribery lawyers refer to lawyers who provide legal services exclusively for bribery criminal suspects. They accept the commission of criminal suspects' close relatives to provide criminal suspects with light, innocence and immunity from criminal punishment during the examination and prosecution and court trials. And other defense opinions and corresponding legal consulting services.

Bribery lawyer

Right!

Chinese name: Bribery lawyer
Foreign name: Bribery law

the difference: Professionally engaged in defense of such crimes
Claim: Need a good legal education background, etc.

The crime of accepting bribes refers to the behavior of state officials to take advantage of their position to solicit other people's property, or to illegally accept the property of others to seek benefits for others.

"Using the convenience of the post" refers to the use of the power within the scope of my job, that is, the authority of the person in charge of the post, responsible for or undertaking a certain public affairs and the convenience conditions formed by it.

Soliciting other people's property, whether or not "for the benefit of others", can constitute bribery. Anyone who illegally accepts someone else's property must meet the conditions of "for the benefit of others" to constitute the crime of accepting bribes. However, whether the benefits sought for others is justified and whether the benefits sought for others are realized does not affect the determination of the crime of accepting bribes.

In the course of economic exchanges, state officials violated state regulations, received kickbacks and handling fees in various names and belonged to individuals, and were held criminally liable for bribery.

Personnel engaged in public affairs in state-owned companies and enterprises, and personnel assigned by state-owned companies and enterprises to non-state-owned companies and enterprises to engage in public affairs use the convenience of their positions to solicit or receive other people's property illegally, for the benefit of others, or in economic transactions In violation of state regulations, receiving kickbacks and handling fees in various names and belonging to individuals, criminal responsibility for bribery is investigated.

Workers of state-owned financial institutions and personnel appointed by state-owned financial institutions to engage in non-state-owned financial institutions to engage in public affairs solicit or obtain other people's property illegally in financial business activities for the benefit of others, or receive rebates in various names in violation of state regulations If the handling fee belongs to the individual, the criminal liability shall be investigated for the crime of accepting bribes.

If a state official takes advantage of the convenience of his or her position or position, and seeks to obtain trustee's property or receive the trustee's property through the acts of other state officials, the criminal liability shall be investigated for the crime of bribery.

Cases involving one of the following circumstances shall be filed:

l. The amount of personal bribery is more than 5,000 yuan;

2. The amount of personal bribery is less than 5,000 yuan, but one of the following situations:

(1) The state or society's interests have suffered heavy losses due to bribery;

(2) Those who deliberately make things difficult and want to besiege the relevant units and individuals, causing bad effects;

(3) Forcibly soliciting property.

4. Supplementary Provisions

(2) "Dissatisfaction" in the amount of crimes in these regulations means that the amount is close to the amount and has reached more than 80% of the amount.

(3) "Direct economic loss" in these regulations refers to the actual value of property damage and reduction caused by a direct causal relationship with the act. "Indirect economic loss" refers to other losses caused and implicated by direct economic losses, including lost benefits that may be obtained under normal circumstances and legal fees paid to restore normal management activities or recover losses Expenditures, expenses, etc.

(4) The term "seeking improper benefits" in the bribery crimes referred to in these regulations refers to seeking benefits based on violations of laws, regulations, national policies and regulations of the State Council, as well as seeking violations of laws, regulations, national policies, and regulations Help or convenience provided by departmental regulations.

The Supreme People's Court and the Supreme People's Procuratorate "Answers to Several Issues Concerning the Implementation (Supplementary Provisions on Punishment of Corruption and Bribery Crimes" (1989.11.6 Law [Research] H [1989] No. 35)

Unlike other criminal defense lawyers

1. Professionally engaged in defense of this type of crime.

Acceptance of bribes One of the crimes of corruption and bribery stipulated in Chapter VIII of the Criminal Law in China, because in this chapter, the subjective aspects, objective aspects, subject matter and objective elements of the crime are the same. When engaging in the defense of this crime, The laws and regulations applicable to crimes, judicial interpretations, causes of crimes, and defense techniques are already familiar. Coupled with the actual defense work of many crimes of this type, we have accumulated rich experience and can engage in in-depth defense of this type of crime to achieve the best criminal defense effect. In the process of defending criminal cases by other criminal defense lawyers, because our criminal law currently involves 436 crimes, there are many types of crimes, subjective elements and objective elements are different. Other criminal lawyers may have handled many criminal cases, but the same is true. Not many charges have been defended. Although the criminal procedures are the same in the case procedure, there are too many differences between the criteria for filing a crime, the standard for sentencing, the standard for punishment, and the subjective and objective elements of a crime. Therefore, although other criminal lawyers have handled many criminal cases, each case may not be repeated multiple times.

2. The premise of this type of crime is that the disciplinary inspection agency has dual disciplines, and the anti-corruption agency (People's Procuratorate) is involved in the later period.

The premise of this type of crime is dual discipline, and the anti-corruption authorities will intervene later. This is the biggest difference from other types of crime investigation agencies. Because in addition to this type of crime, all other crimes are investigated in advance by the public security organ as the investigating agency, and the crimes of this type are investigated by the Disciplinary Commission before being transferred to the judicial organ. Because the previous agencies involved are different, this distinguishes the different work directions of other criminal lawyers. Although lawyers are not allowed to meet with suspects during the dual regulations, the identification of evidence after transfer to the dual regulations period and the exclusion of illegal evidence are different from the previous intervention by the public security organs. The author believes that the above is the difference between the defense of bribery and the defense of other crimes.

Five years ago, the division of labor in China's legal profession remained on a simple division of criminal and civil matters. Today, in the criminal field alone, there are more than a dozen specialties, such as economic crime lawyers, bribery lawyers, embezzlement lawyers, embezzlement lawyers, and death penalty review lawyers. The finer the division of the legal profession, the better it can provide clients with quality services.

The lawyer who accepts bribes is a lawyer who appears in court. Such lawyers usually have more than five years of professional experience. They need to have a good legal education background and deep defense experience in court.

On September 15, 2006, the highly-received case of Yu Bin's bribery was reopened. Attorney Wu Shaozhi, director of Beijing Bangdao Law Firm, acted as Yu Bin's defender and defended whether Yu Bin constituted a bribery crime.

The relevant defences are as follows:

Yu Bin's defense of bribery

Presiding judge, judge:

Beijing Bangdao Law Firm accepted Yu Bin's commission and appointed me as his criminal defender for the retrial.

After accepting the entrustment, the defender has read the file materials, met with the defendant, and attended today's court investigation, and has a comprehensive understanding of the case. The following defense opinions are proposed in accordance with the law for the collegiate bench's reference during the collegiate:

I. The original trial found that Yu Bin accepted a bribe of 85,000 yuan from Zhong and 10,000 yuan from Li Jianbo, but Yu Bin used the money and materials for poverty alleviation and official expenditure, which was not subjective or socially harmful, and did not constitute a crime. .

Yu Bin does not have the subjective intention of possessing the property of others, but is forced by the financial pressure of a certain city. As a deputy mayor, Yu Bin wants to raise funds in this way to solve practical difficulties. He used the received amount of 147,200 yuan for poverty alleviation, social sponsorship, and official activities, and his behavior was not bribery.

In June 2003, the party secretary, township chief, and financial director of a township in a certain city went to Yu Bin and asked him to come forward to the credit cooperative to borrow 100,000 yuan to complete the agricultural tax storage task for half a year. Considering that it is difficult to go to a credit union to apply for a loan, Yu Bin promised to personally lend 100,000 yuan to a township government. (See the witness testimony of Yu Bin's driver Fang, a loan note issued to Yu Bin by a township, and the witness testimony of Xia Mou, a party committee secretary of a township).

In April and May of 2003, a village in a certain township applied to the municipal government for poverty alleviation funds due to the heavy debts of the village committee. At that time, the financial situation of a municipality was very difficult, so Yu Bin himself gave 10,000 yuan to the municipal government as a Poverty alleviation funds. (See the testimony of Fang, the party branch secretary of a certain village, and the receipt issued to Yu Bin by a village)

Due to financial difficulties in a certain city, Yu Bin himself took out funds as official expenses. (See evidence issued by the office of a city's people's government)

Before the Spring Festival in 2004, Yu Bin paid 600 yuan to the petitioners who had difficulty living. (See Xia's testimony)

The composition of a crime must have four elements: the object of the crime, the objective aspect of the crime, the subject of the crime, and the subjective aspect of the crime. The four elements are indispensable. The above evidence can prove the fact that Yu Bin used the received property for poverty alleviation, social sponsorship, and official business activities. His subjective failure to use the received property as his own purpose, and objectively did not infringe on the duties of state office staff. Integrity. However, due to the objective situation of financial difficulties, Yu Bin, the deputy mayor of a certain city, wanted to help the township government and the people who encountered difficulties, and had to find ways to raise funds by himself. Yu Bin's acceptance of property is only to solve work difficulties and financial pressures in a flexible way. Compared with corrupt officials who are used for personal profligacy after receiving bribes, Yu Bin's behavior does not infringe the integrity of the duties of state officials. Sex. Therefore, Yu Bin's behavior did not constitute a crime.

Moreover, Article 5 of the Criminal Law of the People's Republic of China stipulates that the severity of the punishment should be compatible with the criminal responsibility committed and committed by the criminal. This is in the same vein as the "principle of adapting crimes and penalties" of the criminal law. This clause of the criminal law not only requires that the importance of the punishment is compatible with the objective criminal behavior and harmful results, but also with the depth of the subjective malignancy of the criminal. Criminal acts should be punished with penalties, because criminal acts are of great social harm. Although Yu Bin's approach to solving financial difficulties was improper, his actions did not cause great social harm and should not be punished. Moreover, his behavior not only does not endanger the sociality, but helps the society. Therefore, he believes that the determination of Yu Bin's bribery constitutes a violation of the criminal law's principle of adaptability to crime and punishment.

In summary, Yu Bin's behavior does not constitute a crime.

2. In the original trial, Yu Bin did not consider it a crime to accept Wang's 30,000 yuan and Li's 50,000 yuan. I believe that Yu Bin did not seek benefits for others in the above acts and did not constitute a crime.

In the original trial, Yu Bin accused by the Procuratorate of accepting 30,000 yuan from Wang and 50,000 yuan from Li was bribery and should be considered a bribery offence. And I think Yu Bin's two acts of receiving property are just ordinary acts of accepting gifts, which are explained separately below:

(1) After receiving 30,000 yuan from Wang, Yu Bin did not seek benefits for the trustee, which did not constitute a crime of accepting bribes.

A criminal prosecution letter from a city procuratorate stated that "Although Wang was not the specific undertaker of these two businesses, Wang introduced it to benefit from it, and the defendant Yu Bin knew this well." "So Yu Bin received the 30,000 Yuan s behavior fully complies with the elements of the bribery crime, which is a typical ex post bribery. "I cannot agree with this view.

From the above evidence, it can be seen that Wang was entrusted by Yu Bin with reference to the purchase of central air-conditioning and elevators in the office building of a city's education bureau. Later, Liu represented the manufacturer's McQuay Air Conditioning Co., Ltd. and Chen represented a Shenzhen company and The Municipal Education Bureau signed a contract for central air-conditioning and elevator equipment. The contract was not signed by Wang, that is, Wang was not the undertaker of the two businesses. Liu and Chen also proved that Wang did not benefit from it, and the defendant Yu Bin was even less aware of "Wang's intermediary introduction, from which Make a profit ".

Wang was commissioned by Yu Bin to purchase central air-conditioning and elevators for the office building for the Education Bureau. The two did not have an explicit or implicit agreement to accept bribes. The procuratorial organs also did not have evidence to prove that Wang benefited from these two businesses, or when Yu Bin received 30,000 yuan, he knew that the other party was giving gifts because of his own duties and the other party gained benefits. Therefore, Wang gave 30,000 yuan to Yu Bin at the end of 2002 not to thank Yu Bin for his help in purchasing the central air-conditioning and elevator for the office building of the Education Bureau. There is no causality between them, so the defender believes that Yu Bin does not constitute a bribe afterwards.

In late November 2002, after Yu Bin was confirmed as the mayoral candidate, Wang thought that Yu Bin would definitely have to spend some money, and he gave Yu Bin 30,000 yuan. Wang did not give Yu Bin 30,000 yuan because of the Education Bureau. Thanks to Yu Bin for the air-conditioning installation project of the building. This gift depends on the personal relationship between Wang and Yu Bin. Wang and Yu Bin are very close friends. Wang and Yu Bin and their lover are junior high school classmates. They were together when they were devolved during the Cultural Revolution. At that time, Wang's parents were in poor health, there were many brothers in the family, and the burden was heavy. Yu Bin and his family helped Wang's parents a lot. Later Wang was arrested and put in prison. Yu Bin visited him in the prison, during which Yu Bin visited Wang's mother several times. When Wang's father died, Wang was still in prison, and Yu Bin personally went to Wang's hometown to help Wang to bury his father. After the funeral was over, Wang was grateful for Yu Bin and lay on Yu Bin's shoulder and said that he would help Yu Bin in the future. So the money that Wang gave Yu Bin was a gift-to-grace exchange between friends. It was thanks to Yu Bin, not a bribe.

(2) Yu Bin received Lee's 50,000 yuan without specific entrustment matters, and did not seek benefits for Lee afterwards. His behavior did not constitute a crime of accepting bribes.

Li gave 50,000 yuan to Yu Bin and did not ask Yu Bin to help him do anything. Both Li's witness testimony and Yu Bin's confession showed this. The two people never even mentioned the 50,000 yuan since the money was sent. According to Yu Bin, after receiving the money, "I was a little surprised at the time, so I sat in the office and analyzed the reason why Li gave this 50,000 yuan." As a deputy mayor in charge of planning, land, and urban construction, Yu Bin asked about the construction of the green square, which is a normal job behavior, and there is no resistance to obtaining a land permit for it. However, from receiving the gift from Li to the prosecution of the prosecutor's office, Yu Bin has not used his authority to help Li obtain the "land use permit for this land". So far, the land use permit has not been obtained. Moreover, when Yu Bin was the deputy mayor, the house developed had been sold out, and no further land use certificate was needed.

Li and Yu Bin are also good friends for many years. The friendship between the parents of the two is deep, so it is normal for Li to send Yu Bin money. Therefore, I think that Yu Bin's behavior of receiving 50,000 yuan from Li does not constitute bribery.

Article 385 of the Criminal Law of our country stipulates that the use of the convenience of the post by state officials in order to solicit other people's property, or to illegally receive other people's property, for the benefit of others is a crime of bribery. According to the provisions of this article, it is necessary first to use the convenience of the post, then to solicit or accept the financial affairs of others, and finally to seek benefits for others. Three conditions are indispensable. However, when Yu Bin accepted the gifts from Wang and Li, whether or not Yu Bin used the convenience of his post could not be determined from the existing evidence. And accepting finance is not necessarily bribery. Bribery is only constituted by using powers and gaining benefits for others. In these two acts of receiving property by Yu Bin, Wang himself did not make a profit. He Lai Yu Bin talked about asking the trustee to seek benefits, and Li did not even have a specific request for matters, let alone Yu Bin was Li. Someone made a profit. The law is rigorous, and the criminal law involves the deprivation of personal freedom of the offender, especially so. The law does not stipulate that it is not a crime, so it must be considered a crime when it fully complies with the constituent elements of the crime, and it cannot be specious, otherwise it is a blasphemy of the law and a violation of the rights of the parties.

When determining whether it constitutes bribery, it is not possible to judge the donor s psychology alone. The donor may be asked, but as the recipient, the donor s psychology cannot be judged solely through the act of the donor. Because from the perspective of the relationship between Wang and Yu Bin and Li and Yu Bin, it is possible to have deep personal feelings, exchange etiquette, and even use money to express friendship. If this kind of behavior occurs between ordinary people, no one will think it is a bribe. Therefore, we cannot have the idea that as long as you are an official, it is unfair for "officials" to give money and gifts to relatives and friends as bribes.

In summary, I think that Yu Bin's acceptance of Wang's 30,000 yuan and Li's 50,000 yuan is not a crime.

3. After a city s disciplinary inspection committee made a dual regulations decision, Yu Bin truthfully explained the problems to the organization and the procuratorial organs.

When Yu Bin talked in the name of an organization in a certain city, he explained all his problems truthfully, and he made the truthful statement of his economic dealings with others since 1992. Yu Bin used the behavior of receiving money and money for poverty alleviation, social sponsorship, and official business activities. His subjective intention was to solve practical difficulties in real work, which objectively was not harmful to society.

Fourth, Yu Bin has a surrender plot, which did not cause serious harm to the society, and actively returned the property received. Therefore, the punishment should be mitigated according to law.

When Yu Bin talked in the name of an organization in the two anti-bureaus of a certain city, he explained all his problems truthfully. According to Article 1, paragraph 1, of the Supreme People's Court's Interpretation of Several Issues Concerning the Specific Application of the Law of Surrender and Contributions, "The crime has not been found by the judicial organs, but only because of suspicious signs, was questioned and educated by the relevant organization or judicial organs, and then actively explained Those who commit their own crimes should be regarded as automatically surrendering. "Therefore, even if Yu Bin took the initiative to truthfully explain his problems, he should be considered surrendered.

To sum up, Yu Bin's behavior is a violation of discipline and discipline, which is misconduct and does not constitute a crime. The above defense opinions please refer to the collegial panel when collaborating on this case.

What Does an Embezzlement Attorney Do?

Bribery lawyer

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