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The girl who had a rough childhood struggled to become assistant general manager, seemed to usher in the dawn of life, but was involved in the storm because of her past work experience and was criminally detained by the police.

Recently, JAVY LAW FIRM partner Wei Wei successfully represented a case of illegal absorption of public deposits, after careful defence and efforts, and finally for the client to obtain the result of non-prosecution.

01 Family hardship and longing for hard work was detained

Li was born into a single-parent family and was raised by her mother alone. As a young girl, she was often forced to move because of rent increases. Therefore, during her childhood, Xiao Li quietly planted a seed in her heart: through hard work and struggle, to get rid of the poor life in the past, to give her mother a better future.

With this vision in mind, after graduating from university, Li successfully joined a film and television company. With his excellent working ability, Li took up the post of assistant to the general manager. Gradually, Xiao Li found that the company used their own pretty image with other girls to solicit investment, she thought the company's way of soliciting customers seems to have hidden dangers, communication is fruitless after the choice to resign.

And Xiao Li never thought that one day she would be suspected of illegal public deposits by the police criminal detention.

02Deep in the dilemma to seek assistance Legal aid lawyers show their hands

The Chaoyang District Legal Aid Centre assigned Wei Wei to assist Xiao Li, assigned when the case is in the review and prosecution stage. Legal aid lawyers accept the assignment, immediately contacted by phone has been released on bail to understand the case, communication entrusted procedures and other matters, while contacting the Chaoyang District Procuratorate to check the case file.

On the one hand, the legal aid lawyers carefully review and analyse the case more than ten case file materials and make reading notes, on the other hand, in-depth study of relevant laws and regulations and judicial precedents. Legal aid lawyers refer to the facts of Li's statement, that Li's subjective malignancy is relatively low, and willing to actively pay back the compensation, can be in the review and prosecution stage to fight for non-prosecution processing. On this basis, the legal aid lawyers instructed Xiao Li to collect and prepare relevant evidence and materials, and drafted a legal opinion, fully discussing Xiao Li's specific circumstances and legal issues, and put forward the defence of non-prosecution.

After the legal opinion was drafted, the legal aid lawyer met with Xiao Li again, confirmed some details with Xiao Li and formed a transcript of the conversation to ensure that the statements in the defence opinion were consistent with the facts. After confirming that the facts were correct, the legal opinion was submitted to the prosecutor.

After that, the legal aid lawyers communicated with the prosecutor several times, expressing the hope that Xiao Li's subjective malice is low, the situation is relatively minor, and he is still young, so he hopes that he can be dealt with without prosecution. The legal aid lawyers went to the Chaoyang District Procuratorate with Li to meet with the prosecutor to deal with matters relating to the plea and the admission of guilt, and again communicated with him face to face on the non-prosecution opinion and the amount of compensation, saying that Li was genuinely remorseful and that his family was in a bad financial situation, and hoped that the Procuratorate would give him the opportunity to reform himself.

The prosecutor of the case from the actual situation, the evidence and defence advice to give recognition, after careful study of the small Li leniency opportunity. On the same day, the legal aid lawyers again asked the prosecutor whether there were any supplementary case file materials in this case, and learnt that the audit report had already been made, and applied for access on the spot and sorted it out, in order to confirm whether there were any omitted facts and issues. In order to seize the hard-won opportunity, Wei once again instructed Li to supplement the collection and preparation of relevant evidence materials to prove that the content of his statement to the prosecutor is true, and submit the evidence to the prosecutor, hoping to get the desired results.

03 Comprehensive defence is finally effective, restarting his life again.

At the beginning of June 2024, the legal aid lawyers and Xiao Li went to the Beijing Chaoyang District Procuratorate to listen to the results of the case, and got the Decision of Not Prosecuting issued by the Procuratorate, and Xiao Li cried with joy on the spot. Xiao Li's legal aid lawyer's serious and dedicated attitude and rigorous and responsible work is very recognised, and expressed his gratitude to the assistance of the lawyer.

The case is complex, although Li is a suspect, but from another perspective, itself is also a ‘victim’ of the incident. Many young people who have just left school find it difficult to recognise the nature of a company's business, and the wages they receive are very limited. If they have a criminal record, their lives will be greatly affected. Legal aid lawyers in the whole process of assistance, in addition to the law in accordance with the rules and regulations to complete professional work in a timely manner, but also to maintain frequent communication with Xiaoli, equal and in-depth exchanges, so that the communication process is full of sincerity and caring, so as to get Xiaoli's trust.

In addition to the result of non-prosecution, in the face of the amount of compensation exceeding Li's actual income and financial capacity, the legal aid lawyers guided Li to issue a statement of the situation and relevant certificates, and at the same time communicated with the prosecutor in good faith, and ultimately received leniency.

Relevant Laws and Regulations

The supreme people's procuratorate, the ministry of public security on the public security organs of the jurisdiction of the criminal case filing prosecution standard (2) (2022) article 23 and the supreme people's court on the trial of criminal cases of illegal fund-raising on the specific application of the law of several issues of the interpretation of the (2022) article 3 of the provisions of the unlawful absorption of public deposits or disguise the absorption of public deposits, disturbing the financial order, suspected of one of the following circumstances (a) Illegally absorbing or disguisedly absorbing public deposits, disturbing the financial order, and suspected of one of the following circumstances, shall be prosecuted and investigated for criminal liability according to law:

(a) Illegally absorbing or disguisedly absorbing public deposits in an amount of one million yuan or more;

(b) Illegally absorbing or disguisedly absorbing public deposits from more than one hundred and fifty persons;

(iii) Illegally absorbing or disguising the absorption of public deposits, causing direct economic losses to the participants in the fund-raising in an amount of more than 500,000 yuan;

Illegal absorption or disguised absorption of public deposits amounting to more than five hundred thousand yuan or causing direct economic losses to the participants in the fund-raising amounting to more than two hundred and fifty thousand yuan, and at the same time suspected of one of the following circumstances, shall be filed for prosecution:

(i) Having been criminally prosecuted for illegal fund-raising;

(ii) Having received administrative punishment for illegal fund-raising within two years;

(c) Causing adverse social impact or other serious consequences.