On August 22, the seminar "The Pinnacle of Criminal Defense: Successful Case Studies of Acquittal" was held at JAVY Law Firm’s E2 building, led by Senior Partner Guan Jingxin. Over thirty lawyers attended the event.
Overview:
The seminar focused on the latest judicial interpretations from the Supreme People’s Court and the Supreme People’s Procuratorate, which clarified the new offenses under the Eleventh Amendment to the Criminal Law. The current criminal code includes 483 offenses, with 22 being high-frequency economic crimes and 17 high-frequency duty crimes.
Entrepreneurs face numerous risks, including civil breaches, administrative penalties, and criminal sanctions, with criminal risks being the most severe. According to the Supreme People’s Court Judicial Case Research Institute, twelve common criminal offenses for private enterprises include: bid rigging, illegal business operations, illegal public deposit absorption, fraud, fundraising fraud, issuing false VAT invoices, tax evasion, embezzlement, misappropriation of funds, bribery, accepting bribes as a non-state functionary, and offering bribes to non-state functionaries.
Key Points from Guan Jingxin:
Guan explained that criminal defense involves three main types: defense of innocence, defense of charges, and defense for leniency. Innocence defense includes cases of insufficient evidence, where the prosecution’s charges do not hold, and legal innocence, where the accused's actions do not constitute a crime based on the established facts.
In court, evidence is paramount. Guan emphasized that defense lawyers must have solid legal grounds and effective strategies to gain the court’s approval. He provided a detailed analysis of individual cases, identifying common pitfalls and challenges in defense, and shared his personal insights, experiences, and strategies.
The seminar was highly practical and insightful, with attendees expressing that they gained valuable knowledge.
JAVY Law Firm continues to offer platforms for lawyers to showcase their skills and encourages them to leverage the firm’s resources for continuous learning and improvement, meeting the evolving demands and challenges of the legal industry.
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