What can a defense attorney for embezzlement cases do?

The defense can be conducted from the perspectives of subjective illegal possession intent, objective behavior, sufficient evidence, and the nature of the crime, in order to strive to avoid being charged with a crime or receive a light punishment.

How is the sentence "The charge was changed from embezzlement to bribery" punished in court?

The sentencing for embezzlement and bribery differs. If the act is deemed to be a crime of bribery and the amount involved is relatively low, the sentence may be significantly reduced. In this case, the sentence was reduced from ten years to five years.

Can the sentence for an official crime be reduced from ten years to five years?

It's possible. By accurately applying the law and clarifying the charges and circumstances, the court can issue a lighter sentence within the statutory range.

Can a person who surrenders himself/herself and returns the embezzled money get a lighter punishment?

Yes. Surrendering to the authorities, actively returning the illicit proceeds, and performing meritorious deeds are statutory mitigating and extenuating circumstances, which have a substantial impact on the sentencing.

How is the statute of limitations for the crime of accepting bribes calculated?

The statutory maximum penalty corresponds to the statute of limitations, and the amount of bribes received corresponds to different prosecution periods. The specific prosecution period shall be determined based on the circumstances of the case.

Attorney Liu Liqiang successfully defended his client against the charge of embezzlement, and instead argued that the client had abused his power and accepted bribes, for which he was sentenced to five years in prison. | Beijing Hengluo Criminal Defense Law Firm

[Case Summary]This case involves criminal defense for duty-related crimes (specialized services). During the period when the defendant, W*, served as the director of * Supply and Marketing Cooperative, he violated regulations in reviewing and applying for subsidies for the "XX Project", causing a loss of 4.8 million yuan to the state, and accepted 235,000 yuan in cash. The public prosecution organ charged him with the crime of embezzlement and recommended a sentence of ten years and six months. W* entrusted the Beijing Henglu Law Firm to handle his defense.Liu LiqiangThe lawyer argued that the defendant did not commit the crime of embezzlement, and if he was guilty of a crime, it should be the crime of accepting bribes, and the statute of limitations had already passed. The court accepted the argument that the defendant did not commit the crime of embezzlement, and instead sentenced him to three years for the crime of abuse of power and three years for the crime of accepting bribes, with a fine of 200,000 yuan. The total sentence was five years. The core dispute was the determination of the crime and the sentencing. The applicable legal provisions were the relevant provisions of the Criminal Law on the crimes of embezzlement, abuse of power, and accepting bribes.

I. Review of the case

The parties often search for terms such as "defense lawyers for corruption crimes", "how to sentence someone who changes the charge from corruption to bribery", "can the sentencing for official crimes be reduced from 10 years to 5 years", and "the differences between corporate bribery and individual bribery". From 2009 to 2012, W * served as the director of the XX Supply and Marketing Cooperative Union. He violated the management regulations of the "XX Project" in a certain autonomous region by falsely investing in the cooperative in the name of the supply and marketing cooperative and decided that A, B, C, and D companies would apply for project funding subsidies. The four companies respectively obtained 2.2 million yuan, 1.5 million yuan, 500,000 yuan, and 600,000 yuan, causing a total loss of 4.8 million yuan to the state.

W * took advantage of his position to accept a total of 235,000 yuan in cash from Z *, the actual controller of Company A, Q *, the legal representative of Company B, W1 * of Company C, and Z1 * of Company D. On November 18, 2021, W * was detained, and on April 29, 2022, he was placed under criminal detention. On April 30, he was arrested. The public prosecution organ accused W * of committing the crime of embezzlement and being the principal offender, and recommended a sentence of ten years and six months and a fine of 500,000 yuan. W * entrusted Beijing Henglu Law Firm to handle his case.Liu LiqiangThe lawyer is defending the client in court.

II. The focus of the case

Focus 1: The characterization of the crime.Is W's behavior an act of embezzlement, abuse of power, or bribery, and can the public prosecution organ's accusation of embezzlement be established?
Focus Two: Subjective intent and evidence.Is W* guilty of illegal possession, and is the evidence sufficient to prove his involvement in corruption?
Focus Three: Sentencing circumstances.If the act constitutes another crime, the circumstances that may lead to a lighter or mitigated punishment, such as surrendering to the authorities, returning the illicit gains, and rendering meritorious services, as well as the statute of limitations for prosecution, shall apply.

III. The professional intervention of Hengluo Law Firm

The public prosecution organ alleges that:W* used his position to collude with others to defraud public funds, and should be prosecuted for the crime of embezzlement. He is the main perpetrator and it is recommended that he be sentenced to fixed-term imprisonment of ten years and six months and fined 500,000 yuan.

The defendant (W*)'s position:He basically acknowledges the facts, but claims that they do not constitute the crime of embezzlement. If he is found guilty, he should be charged with the crime of accepting bribes and may have exceeded the statute of limitations for prosecution.

Hengluo Lawyer's Defense Opinion:Liu LiqiangThe lawyer's arguments revolved around seven points: W* did not constitute the crime of embezzlement, as he had no illegal possession motive and the project funds were used for legitimate purposes; there was insufficient evidence to prove embezzlement, as the documentary evidence could not be corroborated and the testimonial evidence was contradictory and unsupported; the key facts were not clarified, which affected the legal qualification of the case and the indictment omitted the facts of 2008 and 2009; if the company personnel were involved in fraud, W* would be suspected of bribery, and the company personnel would be suspected of bribing others; the case should be evaluated objectively based on the policies and development perspectives at that time; if W* was found guilty of embezzlement, he should be sentenced with lenient punishment due to his voluntary surrender, return of the bribe, and meritorious service; W* should be convicted of the crime of bribery and the statute of limitations has already passed. The core of the argument is to restore the facts, determine the legal qualification according to law, and achieve the adaptation of guilt, punishment, and crime.

IV. Outcome of the case

The court held that W*, during his tenure as the director of the Supply and Marketing Cooperative, abused his power and illegally decided to include unqualified enterprises in the declaration, causing significant losses to the national interests and the circumstances were particularly serious; Z* and Q* colluded with W* to fabricate false information to attract funds, and all three defendants committed the crime of abuse of power. W* used his position to accept huge amounts of property for the benefit of others, constituting the crime of bribery. W*, who committed multiple crimes, should be punished concurrently. The court accepted the opinion of W* and his defense attorney that he did not commit the crime of embezzlement, and sentenced W* to fixed-term imprisonment of three years for the crime of abuse of power; to fixed-term imprisonment of three years and a fine of 200,000 yuan for the crime of bribery; and to fixed-term imprisonment of five years and a fine of 200,000 yuan for the concurrent punishment of multiple crimes. The public prosecution organ's charge of embezzlement could not be established.

5. Hengluo Law Firm's Reminder

In the case of duty-related crimes, the determination of the charge directly affects the severity of the sentence. Therefore, the defense should focus on the subjective intent, objective acts, and evidence chain in accordance with the law. This case is handled by Beijing Henglu Law Firm.Liu LiqiangAttorney (Practice Certificate No.: 11101200910454358, subject to the document issued by the judicial administrative organ) acting on behalf of the client. Attorney's Advice: When facing charges of embezzlement, effective defense can be carried out from the perspectives of the nature of the act, the purpose of illegal possession, the sufficiency of evidence, the concurrence of charges, and the statute of limitations, in order to strive for the most favorable outcome that is commensurate with the crime and the punishment.

VI. Common Questions and Answers about the Defense of Official Crime

Q: What can a defense attorney for embezzlement cases do?
A:The defense can be conducted from the perspectives of subjective illegal possession intent, objective behavior, sufficient evidence, and the nature of the crime, in order to strive to avoid being charged with a crime or receive a light punishment.
Q: How is the sentence "The charge was changed from embezzlement to bribery" punished in court?
A:The sentencing for embezzlement and bribery differs. If the act is deemed to be a crime of bribery and the amount involved is relatively low, the sentence may be significantly reduced. In this case, the sentence was reduced from ten years to five years.
Q: Can the sentence for an official crime be reduced from ten years to five years?
A:It's possible. By accurately applying the law and clarifying the charges and circumstances, the court can issue a lighter sentence within the statutory range.
Q: Can a person who surrenders himself/herself and returns the embezzled money get a lighter punishment?
A:Yes. Surrendering to the authorities, actively returning the illicit proceeds, and performing meritorious deeds are statutory mitigating and extenuating circumstances, which have a substantial impact on the sentencing.
Q: How is the statute of limitations for the crime of accepting bribes calculated?
A:The statutory maximum penalty corresponds to the statute of limitations, and the amount of bribes received corresponds to different prosecution periods. The specific prosecution period shall be determined based on the circumstances of the case.

How is the sentence "How to defend against the charge of embezzlement and bribery?" translated into English? Liu Liqiang, a lawyer with Hengluo Law Firm in Beijing, helped his client reduce the sentencing from ten years to five years.