The case of F suspected of covering up and concealing criminal proceeds involved more than 300,000 yuan. After communicating with the procuratorate several times, the defense lawyer believed that F did not constitute the crime of fraud, and finally when the procuratorate approved the arrest, the crime of fraud when the public security reported the arrest was changed to the crime of covering up and concealing criminal proceeds, and obtained a lighter sentence of 9 months when recommending sentencing during the review and prosecution stage, and actively did defense work during the trial stage, and finally the defendant was sentenced to 8 months imprisonment and fined 6,000 yuan.
1. Brief facts of the case
On October 9, 2023, in order to obtain illegal rewards, defendant F contacted others through Douyin, traveled from the Inner Mongolia Autonomous Region to Luoyang City, Henan Province, and provided his mobile phone, bank card, and bank card password to the other party for illegal operation and transfer, and illegally made a profit of 9,600 yuan afterwards. After investigation, the bank card under his name involved the upstream fraud victim transfer amount of 362,000 yuan.
II. Case Handling Process
After the lawyer undertook the case, he immediately met with the client and learned about the specific circumstances of the case, and after the public security organ reported the arrest, the defender immediately drafted a legal opinion, and after many times of communication with the procuratorate, the crime of fraud charged by the public security was changed to the crime of covering up and concealing criminal proceeds, and when recommending sentencing during the review and prosecution stage, he communicated with the prosecutor many times about the minor circumstances of F's crime, and obtained a lighter sentence of 9 months, and actively did defense work in the trial stage. In the end, the party was sentenced to 8 months in prison and fined 6,000 yuan.
3. Defense ideas
1. F did not have the subjective knowledge of fraud and the purpose of illegal possession, and there was no accomplice relationship between him and other actors who might commit fraud.
2. F was also deceived by others, based on the credulity of the WeChat friends added by Douyin, he could apply for a loan without collateral, and defrauded his mobile phone and used his bank card on the grounds of applying for a loan. The next day after discovering that his account was abnormal, he went to the police station to turn himself in, and his subjective malice was very small.
3. Other mitigating circumstances.
IV. Case Handling Results
The crime of fraud was changed to the crime of covering up and concealing criminal proceeds, and defendant F was sentenced to eight months imprisonment and a fine of 6,000 yuan for the crime of covering up and concealing criminal proceeds.
Fifth, the experience of handling the case
First, when there is an objection to the charge, it should be communicated with the case-handling unit in a timely manner.
As a defender, it is very important to communicate with the case-handling unit in a timely manner when there is an objection to the crime determined by the case-handling organ. Timely communication is conducive to protecting the lawful rights and interests of the defendant and ensuring that his right to a defense is fully exercised. By raising objections, the case-handling organs can be prompted to re-examine the case, avoid the occurrence of unjust and wrongful cases, and safeguard judicial fairness. It is also for the follow-up case to be more conducive to the parties to lay the foundation.
Second, the sentencing recommendation should be fully communicated with the procuratorate.
Through full communication with the defender, understand the basis for the procuratorate's sentencing recommendation, including the facts of the crime, the nature of the crime, the consequences of the crime, and the defendant's attitude. Then, conduct an in-depth analysis of the provisions on sentencing in the relevant legal provisions to ensure that the sentencing recommendations comply with the sentencing scope and standards provided by law. Based on the facts of the case and the provisions of the law, assess whether the sentencing recommendation made by the procuratorate is reasonable and whether there are excessively heavy circumstances. Actively collect favorable information that might impact sentencing, such as the defendant's expression of remorse, compensation, victims' forgiveness, and so forth. Use professional communication skills to engage in dialogue with the procuratorate and express defense views clearly and logically. In the course of communication, seek to reach a consensus with the procuratorate to obtain a more reasonable sentencing outcome for the defendant.
Third, do not let go of excavating any of the minor crimes.
As a defender, it is of great significance in criminal cases to actively seek to reach an understanding with the victim, and after obtaining the consent of the prosecutor during the review and prosecution stage, contact the victim one by one, and sincerely express his apology and willingness to compensate them on behalf of the defendant. Reaching an understanding with the victim can help to promote reconciliation between the parties and reduce social contradictions and conflicts. Moreover, according to the provisions of the Criminal Law of the People's Republic of China, the victim's forgiveness may be used as a mitigating or mitigating circumstance. Through understanding, the defendant has the opportunity to repair the damage caused by the criminal act through compensation or other means. It can promote the repair of social relations and help to restore social harmony and order. Actively seeking forgiveness also reflects the defendant's remorse and helps the court to find that he has been rehabilitated.
As a client-centric one-stop criminal legal platform, we hope to use professional and warm legal strength to help every party and their family members who are experiencing criminal cases, and accompany you out of the darkness and tide over the difficulties together.