[Case Summary]This case involves the defense of fraud (including bail pending trial). From July 2018 to April 2020, Y * colluded with Z * and D * to fabricate "magic rituals" and feudal superstitions to "dispel disasters, break through obstacles, and replenish wealth" for H *, defrauding more than 200,000 yuan in Hai Cheng City, Liaoning Province and Fengtai District, Beijing City. H * transferred money to multiple locations in Fengtai District. Y *, D * and Z * each refunded 260,000 yuan and 100,000 yuan, and H * forgave them. Y * was arrested on April 5, 2023, and his family entrusted Beijing Henglu Law Firm to handle the case.Yuan HangAttorney. During the investigation stage, the attorney met with the client multiple times and submitted bail materials, which led to the client being granted bail the next day. During the trial stage, the court adopted the attorney's opinion and sentenced the client to three years in prison with a four-year probationary period and a fine of 30,000 yuan. The core disputes were the bail conditions and the lenient sentencing. The applicable laws were the provisions on bail pending trial in the Criminal Procedure Law of the People's Republic of China and the provisions on fraud crimes in the Criminal Law.

I. Review of the case

"How is a fraud charge of 200,000 yuan sentenced?" and "Can fraud suspects be granted bail pending trial?" are the most urgent concerns of the victims' families. From July 2018 to April 2020, Y* alone or in collusion with Z* and D* fraudulently claimed that they could use superstitious rituals to "ward off disasters," "break through obstacles," and "attract wealth" for H* in Hai City, Liaoning Province and Fengtai District, Beijing City, defrauding H* of a total of over 200,000 yuan (Z* participated in 184,000 yuan and D* participated in 194,000 yuan). After the case was exposed, Y* and D* jointly compensated H* 260,000 yuan, and Z* compensated 100,000 yuan. H* expressed forgiveness towards the three defendants. Y* and D* were arrested by the Dahongmen Police Station of Fengtai District on April 5, 2023, and Z* was arrested by the Dashiqiao Police Station of Liaoning Province on May 22, 2023.

During the investigation stage, Hengluo Lawyer was entrusted by Y's family to meet with the client multiple times at the first time, submit bail materials to the public security organ and the procuratorate, communicate with the defendant to reach a settlement and gain understanding, and the next day, Y was released on bail pending trial. After the case was transferred for prosecution, the lawyer issued a defense opinion, which was fully adopted by the court during the trial stage. Y was sentenced to fixed-term imprisonment of three years and probation of four years, and fined 30,000 yuan. The judgment has taken effect, and the client presented a banner to express his gratitude.

II. The focus of the case

  • Focus 1: Whether it is possible to successfully obtain bail during the investigation stage.The focus is on whether Y* meets the conditions for bail and whether the lawyer can communicate and submit materials in a timely manner.
  • Focus II: What are the mitigating circumstances that can lead to a lighter or more lenient punishment?The focus is on confession and plea bargaining, restitution and understanding, the lactation period, first-time offenders and occasional offenders, meritorious service, and the victim's fault, etc.
  • Focus 3: Whether the sentencing will be imprisonment or probation.The focus is on whether the plot can support the sentence of three years in prison and four years of probation.

III. The professional intervention of Hengluo Law Firm

The defendant (suspect) claimed that:Y * has no objection to the charge of fraud. He/She claims that he/she has the circumstances of admitting guilt and accepting punishment, making restitution and seeking forgiveness, being in the breastfeeding period, being a first-time offender or occasional offender, making meritorious contributions, and the victim's fault, and requests a suspended sentence.

The position of the prosecution (prosecutorial organ):The public prosecution organ accused Y * of fabricating feudal superstition to defraud more than 200,000 yuan, and brought the case to court in accordance with the law and proposed a sentencing recommendation.

Hengluo Lawyer's Agency Opinion:Yuan HangDuring the investigation stage, the lawyer met with the client multiple times, submitted bail applications, and communicated with the case-handling authorities, which led to a bail being granted the next day after the parties reached a settlement and understanding. During the review and prosecution stage, the lawyer issued a defense opinion, arguing that although Y * committed a crime, there were multiple mitigating and extenuating circumstances: Y * voluntarily cooperated to complete all plea bargains and signed a settlement agreement; Y * and her family cooperated in returning the illegal proceeds and reaching a settlement with the victim, and issued a letter of understanding; Y * was in the lactation period, was a first-time or occasional offender, had minimal subjective malice, and had committed an act of merit; the victim also had some fault. The lawyer pleaded for a suspended sentence for Y *.

IV. Outcome of the case

During the trial stage, the court fully adopted the main opinions of Hengluo Law Firm, and ultimately ruled that the defendant, Y*, was guilty of fraud and was sentenced to three years in prison with a four-year probationary period and fined 30,000 yuan. The verdict has taken legal effect. Earlier in the investigation stage, the lawyer helped Y* successfully obtain bail and be released from custody. To express his gratitude, the client personally presented a banner to the lawyer.

5. Hengluo Law Firm's Advice

When relatives or friends are "arrested", they must remain calm and deal with the situation in accordance with the law. This case is handled by Beijing Henglu Law Firm.Yuan HangAttorney (Practice Certificate No.: 11101202110286151, subject to the document issued by the judicial administrative organ): Note: First, inquire with the public security organ about the suspected charges and detention location; if possible, hire a reliable attorney as soon as possible; be vigilant against fraud and avoid seeking help from unqualified sources in times of urgency. Professional attorneys can intervene promptly to conduct meetings, communicate with authorities, and submit legal documents, often helping to secure bail or achieve lenient sentencing outcomes.

VI. Common Questions and Answers about the Defense of Fraud Crimes

  1. Q: Can someone who commits fraud worth 200,000 yuan be sentenced to probation?
    A:It depends on the circumstances. If the defendant admits guilt and accepts the punishment, makes restitution and apologies, and is a first-time or occasional offender, they may be eligible for probation. In this case, Y* was sentenced to three years in prison with a four-year probationary period.
  2. Q: How to obtain bail pending trial if suspected of fraud?
    A:The lawyer met with the client in time, submitted applications for refusing to approve the arrest/bail, and facilitated the reaching of a compensation and understanding agreement. As a result, the client was released from detention on bail the next day after the case was handled.
  3. Q: How much can a lighter sentence be given for agreeing to refund the money stolen in a fraud case?
    A:The refund and obtaining the victim's forgiveness are important mitigating circumstances. Combined with factors such as admitting guilt and accepting the punishment, the sentence can be significantly reduced. Based on this, the defendant in this case was sentenced to probation.
  4. Q: Can a woman who is breastfeeding be granted bail if she commits a crime?
    A:The breastfeeding period is one of the factors to be considered. When combined with other mitigating circumstances, it may increase the chances of being granted bail or probation.
  5. Q: What should I do first when my family member is detained by the police for criminal investigation?
    A:Confirm the charges and the place of detention, and as soon as possible, hire a lawyer to meet and communicate with the detainee, and submit legal opinions to avoid being deceived by so-called "bailout" scams.