At the end of 2023, JAVY Law Firm's Senior Partner, Shi Yujie Esq., concluded the contract fraud case involving Zhao Moumou in Lhasa. Transforming an Interpol "Red Notice" fugitive into a non-prosecuted individual highlights both the immense efforts of the handling lawyer and significant progress in China's legal environment.
Case Overview
Zhao Moumou was suspected of contract fraud, a case accepted by the Lhasa Public Security Bureau on May 4, 2018. After investigation, Zhao fled to Toronto, Canada. On September 11, 2019, Interpol's China National Central Bureau issued a "Red Notice" for his arrest. On April 9, 2023, Zhao was persuaded to return to China and was detained at the Lhasa Detention Center.
Challenging Case Background
Zhao's case was the first "Red Notice" fugitive persuaded to return to Tibet, marked by significant political impact. The complainant was a listed company and major taxpayer in Tibet, and the case involved 785 million yuan. Zhao faced significant challenges upon returning to face charges.
Finding Breakthroughs amidst Difficulties
Shi Yujie focused on three key areas:
1. Voluntary Surrender vs. Admission of Guilt: Ensuring Zhao's cooperation and truthful confession while separating his admission from the crime.
2. Balancing Police Efforts and Client's Interests: Ensuring the exhaustive police investigation didn't disadvantage Zhao.
3. Political Influence of the "Red Notice": Defending Zhao based on objective evidence and law.
Complex Legal Process
From April to December 2023, Shi Yujie made 15 trips to Lhasa, overcoming harsh conditions. He formulated a defense strategy through extensive communication with Zhao and meticulous review of case files. Despite initial disagreement, the chief prosecutor began to value the defense's perspective.
The Lhasa Prosecutor's Office organized a large-scale hearing with various stakeholders. Shi Yujie argued that the case was unclear and lacked sufficient evidence. Ultimately, the Prosecutor's Office decided not to prosecute, and Zhao was released after eight months of detention.
Lawyer's Remarks
Transforming from a globally wanted fugitive to a non-prosecuted individual signifies a regaining of freedom and highlights progress in China's legal environment. Fairness and justice are the cornerstones of the rule of law. "Red Notice" suspects should trust China's legal system and cooperate to resolve issues promptly.
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