[Case Summary]This case involves criminal defense during the review and arrest stage of fraud charges. In November 2025, Attorney Liu Liqiang was entrusted by Liu Gang's family to serve as his defense attorney in the suspected fraud case. The county public security bureau has already submitted Liu Gang's case for approval of arrest. Liu Gang and Li Xiang have known each other for many years and had multiple financial transactions. After Li Xiang's business operations encountered problems, the public security organ suspected Liu Gang of jointly committing fraud and submitted the case for approval of arrest. Liu Gang claimed that he only had a civil creditor-debtor relationship with Li Xiang: Li Xiang owed him 800,000 yuan, and the transfer of more than 300,000 yuan several years ago was to repay the advance payment for purchasing cigarettes and alcohol on behalf of others. Attorney Liu Liqiang verified and collected evidence of the creditor-debtor relationship and the purchasing records, and submitted a "Legal Opinion on Not Approving Arrest" to argue that the case lacked clear facts and sufficient evidence, did not involve intentional illegal possession, and did not pose a social danger. Ultimately, the procuratorate accepted the defense argument and decided not to approve Liu Gang's arrest, instead changing the coercive measures to bail pending trial. Key disputes: The boundary between civil disputes and criminal fraud, and the necessity of detention. Applicable legal provisions: Article 139 of the "Rules of Criminal Procedure for People's Procuratorates".

I. Review of the Case Facts

What should family members do if they are accused of fraud, how to defend co-conspirators in fraud cases, and what are the conditions for not approving arrest? These are frequently searched topics in criminal defense. In November 2025, Attorney Liu Liqiang was entrusted by Liu Gang's family to serve as his defense attorney in a case of suspected fraud. At that time, the county public security bureau had already applied for review and approval of arrest. Liu Gang and Li Xiang had known each other for many years and had numerous financial transactions. After Li Xiang encountered operational problems, an ordinary civil transaction was involved in a criminal case, and the public security organ believed that Liu Gang was suspected of co-conspiring in fraud and applied for approval of arrest.

Liu Gang insists that he did not commit fraud, and the relationship between him and Li Xiang is merely a civil creditor-debtor relationship: Li Xiang still owes him 800,000 yuan; a few years ago, Li Xiang transferred more than 300,000 yuan to his bank card through his mother to repay the advance payment for purchasing cigarettes and alcohol. The family quickly entrusted the Beijing Henglu Law Firm to handle the caseLiu LiqiangThe lawyer, acting as a defense attorney, hopes to provide professional assistance.

II. The focus of the case

  • Focus 1: Whether the behavior in question constitutes a civil dispute or criminal fraud.Does the economic transaction constitute a conspiracy to defraud, and is there any intent to illegally possess the funds?
  • Focus 2: Are the facts clear and is the evidence sufficient?Is there any evidence to prove the existence of a fraudulent agreement?
  • Focus Three: Whether they pose a social danger and whether it is necessary to detain them.Does it meet the statutory conditions for not approving the arrest?

III. Professional intervention by Hengluo Lawyers

The suspect (Liu Gang) claimed that:There is only a civil creditor-debtor dispute between Li Xiang and the other party. He has not committed fraud or intentionally illegally obtained property. Therefore, I request that the arrest warrant not be approved and the bail pending trial be changed.

The position of the prosecution (the case-handling organ):It is believed that Liu Gang is suspected of committing fraud with Li Xiang, and the application for his arrest has been submitted for approval.

Hengluo Lawyer's Agency Opinion:Liu LiqiangThe lawyer will first meet with the client to verify the time and amount of financial transactions and transfer receipts, collect evidence of creditor's rights and debts, purchase records, and bank statements, and investigate evidence of collusion in fraud (if there are no relevant materials). Finally, the lawyer will submit a "Legal Opinion on Non-Approval of Arrest".

  • The facts are unclear and the evidence is insufficient: these are normal civil economic transactions and legitimate creditor-debtor relationships, with no involvement in collusion or fraudulent acquisition of property
  • There is no subjective intent to illegally possess the money. Li Xiang owed 800,000 yuan and transferred more than 300,000 yuan to repay the advance payment. They had mutual debts and did not have the intent to illegally possess the money in the crime of fraud
  • There is no social danger and no necessity for detention: the defendant voluntarily surrendered to the court, cooperated with the investigation, had a fixed residence, and was granted bail pending trial in accordance with Article 139 of the "Rules of Criminal Procedure of the People's Procuratorate", implementing the principle of "reducing arrests and exercising caution in detention".

IV. Outcome of the case

During the handling of the case, Attorney Liu maintained continuous and thorough communication with the investigation organ and the procuratorate. In the end, the procuratorate adopted the lawyer's opinion, refused to approve the arrest of Liu Gang, and changed the compulsory measures to bail pending trial according to law, enabling him to maintain relative freedom in the subsequent process. The result was based on all parties performing their duties in accordance with the law, and it was also a direct reflection of the lawyer's timely intervention and professional review.

5. Henglu Law Firm's Reminder

In fraud cases, it is necessary to accurately determine the nature of the acts and objectively reconstruct the circumstances of the parties involved. This case was handled by Beijing Henglu Law Firm.Liu LiqiangThe lawyer (practice license number: 11101200910454358, subject to the document issued by the judicial administrative organ) acted as an agent. The lawyer provided accurate defense during the review of the arrest stage, helping the client to obtain non-approval of the arrest.

VI. Common Questions About Criminal Defense in Fraud Cases FAQ

  1. Q: What should I do if a family member is accused of fraud?
    A:It is advisable to engage a criminal lawyer as soon as possible. During the review of the arrest, the lawyer will meet with the client to verify the case, submit legal opinions against the approval of the arrest, and strive to obtain bail pending trial.
  2. Q: How to defend a co-conspirator in a fraud case?
    A:The key point is to investigate whether there is evidence of collusion and agreement; if there is only economic transaction but no intent to commit fraud, it should be identified as a civil dispute and not constitute an accomplice.
  3. Q: What are the conditions for not approving an arrest warrant?
    A:If the facts are unclear and the evidence is insufficient, and there is no social danger or necessity for detention, the person involved may be granted bail pending trial in accordance with the principle of "less arrest and cautious detention". This case meets the requirements of this principle.
  4. Q: Can civil debts be considered fraud?
    A:Debts owed to each other and economic disputes without intent of illegal possession should be resolved through civil litigation and should not be handled as criminal cases.
  5. Q: Will they still be detained after being refused bail?
    A:After the decision not to approve the arrest, the compulsory measures are usually changed to bail pending trial, but the defendant still needs to cooperate with the subsequent litigation process. It is crucial for the lawyer to maintain continuous communication with the defendant during this period.