Daring to Defend and Cleverly Defending Bribery to Change the Crime of Bribery for Non State Personnel: A Successful Case of Lawyer Sheng Bang Nanfang's Defense in the Legal System
Release time:2017-07-11
Author: Legal Prosperity
Recently, our lawyer, Nan Fang, successfully defended a bribery case. The defendant, Xie, was charged with bribery. In November 2014, a district court in Guangzhou found that the amount charged was inappropriate and sentenced him to 2 years and 6 months in prison for the crime of bribery committed by non state employees.
Case Review: On March 22, 2013, Xie was criminally detained on suspicion of bribery. Xie's family entrusted lawyer Nan Fang as their defense. After accepting the commission and carrying out relevant work, Lawyer Nan found through professional analysis and multiple investigations that the defendant Xie was not a solely state-owned company in Guangdong, but only a state-owned holding company. There is no evidence in the case file to prove that the defendant Xie was appointed by a state-owned group company in Guangdong to supervise and manage state-owned assets in a certain company, and he applied for a witness to appear in court, confirming that the so-called "appointment" is not an appointment, Instead, it refers to the way management and group companies exercise their rights as major shareholders.
After a series of pre-trial preparations, the defender raised defense opinions during the trial: the defendant Xie belongs to a non-state employee and should be convicted of bribery as a non-state employee, and the prosecution authorities accused him of constituting improper charges of bribery; And it is proposed that there are circumstances such as voluntary surrender, returning stolen goods, and other lenient or mitigated sentencing, and it is recommended that the sentence be sentenced to no more than five years in prison.
The final court accepted the defense counsel's opinion and on November 14, 2014, found that Xie was guilty of bribery as a non-state employee and sentenced him to two years and six months in prison.
Xie and his family are very grateful for this result. On November 17, 2014, they went to the lawyer's office to present a banner of "commendable reputation and due diligence", and expressed gratitude and appreciation for lawyer Nan Fang in the letter - "Thanks to lawyer Nan Fang's high level of seriousness and responsibility, meticulous work attitude, and good professional ethics, this matter has been successfully resolved.
Conclusion: In every entrusted criminal case, using our profession and dedication to make every effort to ensure that the parties receive a legal, fair, and appropriate conviction and sentencing for the crime, is the pursuit of more than 200 lawyers at the Law Firm, and the essence of the criminal defense of more than 30 lawyers in the Criminal Business Department of Law Firm. We will continue to work tirelessly for it!

Attachment 1: Xie Sheng's family sends a banner (right)

Attachment 2: Thank you letter from Xie Sheng