[Case Summary]This case involves criminal defense for fraud. In March 2024, L*, who was living in Daxing District of Beijing City, defrauded the victim Z* of 44,000 yuan by claiming to sell online U coins. He was subsequently detained and arrested on suspicion of fraud. His family entrusted the Beijing Henglu Law Firm to handle the case for him.Yuan HangThe lawyer served as the defendant's attorney. The lawyer initiated a review of the necessity of detention, successfully changed the coercive measures to bail pending trial, and put forward defense opinions based on factors such as restitution and understanding, confession, plea of guilty, and first-time offenses. Ultimately, the court sentenced L* to fixed-term imprisonment of one year and three months, probation of one year and six months, and a fine of 15,000 yuan. The core controversy was: the amount involved just exceeded the standard for criminal prosecution and restitution and understanding had been made. How to achieve the leap from actual imprisonment to probation? Applicable laws: Article 266 of the Criminal Law of the People's Republic of China, and Articles 67 and 97 of the Criminal Procedure Law of the People's Republic of China.

I. Review of the case

The family member was arrested on suspicion of fraud. What the family members care most about are usually "the sentencing standards for fraud", "whether they can be released on bail after being arrested", and "how long a person will be sentenced for defrauding 40,000 yuan". In March 2024, the defendant, L*, knowing that he no longer had any online U coins to sell, still deceived the victim, Z*, into trusting him by pretending to sell online U coins. On March 3, 2024, Z* transferred 44,000 yuan to L*'s account via bank card transfer in Daxing District, Beijing, but the money was already squandered by L*. On July 16, 2024, L* was detained criminally, and on August 8, 2024, he was approved for arrest and detained in a detention center. After L* was arrested, his family members inquired about the case from various sources and eventually chose Beijing Henglu Law Firm, which assigned a lawyer to handle the case for them.Yuan HangThe lawyer served as the defense attorney in this case.

II. The focus of the case

  • Focus 1: The amount involved in the case just exceeds the standard for criminal prosecution. How to strive for probation instead of actual imprisonment?The amount of the fraud was 44,000 yuan, which was just slightly higher than the threshold for prosecution of fraud. How to integrate factors such as restitution, understanding, and confession to achieve the leap from "possibly being sentenced to actual imprisonment" to "being subject to probation" is the core goal of the defense.
  • Focus II: How to systematically integrate and identify multiple statutory mitigating circumstances.The party concerned has refunded the illegal income and obtained the victim's forgiveness. He/she has such circumstances as confessing, admitting guilt and accepting punishment, and being a first-time or occasional offender. How these circumstances form a complete argument that "the crime is relatively minor and probation can be applied" is directly related to the court's sentencing.
  • Focus 3: How to seize the opportunity for defense during the investigation stage.The first step after the approval of the arrest is to propose a review of the necessity of detention and to change the compulsory measures to bail pending trial. This is a crucial time window for subsequent communication with the public prosecution organ and striving for probation.

III. Professional intervention by Hengluo Law Firm

The suspect claimed that:The family members and L * hope to minimize the punishment as much as possible, strive for lenient treatment and the application of probation; the core demands are to actively make restitution, obtain understanding, voluntarily admit guilt and accept punishment, and strive not to be imprisoned for execution.

The position of the prosecution (public prosecution organ):The public prosecution organ accuses L * of fabricating facts to defraud the victim of 44,000 yuan for the purpose of illegal possession, which constitutes the crime of fraud and should be held criminally responsible according to law.

Legal Opinion of Hengluo Law Firm:Yuan HangAfter accepting the entrustment, the lawyer will meet with the client and the case-handling personnel as soon as possible to fully understand the case, especially the reasons for the arrest, and guide the family to compensate the victim for the economic losses and obtain a letter of understanding. The lawyer believes that L *'s crime is relatively minor, and bail pending trial will not cause social danger. He requests the procuratorial organ to change the compulsory measures.

  • The procuratorial organ adopted the lawyer's opinion and granted bail to L* within less than a week, stabilizing the situation in the investigation stage
  • After being granted bail pending trial, L某 had an in-depth discussion with his lawyer about the defense strategy, and voluntarily admitted his guilt and agreed to the punishment proposed by the procuratorial organ, signing a written statement of confession and repentance
  • During the trial, three defense opinions were put forward: the defendant has made restitution and reached a settlement, issued a letter of understanding, and confessed his guilt and completed all the procedures of admitting guilt and accepting punishment; the amount involved in the case is only over 40,000 yuan, and he has made a truthful confession; he has always behaved well and is a first-time offender, with little subjective malice. He pleads for a suspended sentence

IV. Outcome of the case

After the trial, the court accepted the evidence submitted by the prosecution.Yuan HangThe lawyer's defense opinion determined that L * committed the crime of fraud. In accordance with the provisions of Article 266 of the Criminal Law of the People's Republic of China (fraud of public and private property, with a relatively large amount, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control, and shall be fined or given a single fine), L * was sentenced to fixed-term imprisonment of one year and three months, probation for one year and six months, and a fine of 15,000 yuan. The client was not actually imprisoned, and the family's greatest concern about "whether he would be sentenced to actual imprisonment" was properly resolved.

5. Hengluo Law Firm's Reminder

The handling of fraud cases typically includes three stages: investigation, review of the indictment, and trial. When a relative is suspected of a criminal offense, it is recommended to engage a professional criminal defense lawyer as soon as possible. Only then will the lawyer have enough time to meet with the client, review the case file, apply for a review of the necessity of detention, and strive for more favorable outcomes in the case. This case is handled by Beijing Henglu Law Firm.YuanhangThe lawyer (practice license number: 11101202110286151, subject to the document issued by the judicial administrative organ) acted as the defender, relying on Article 266 of the Criminal Law and Article 67 of the Criminal Procedure Law on the bail pending trial system, and secured a probationary outcome for the client.

VI. Common Questions about Fraud-Related Criminal Cases FAQ

  1. Q: What's the likely sentence for a fraud amounting to 40,000 yuan?
    A: Fraud involving more than 40,000 yuan is generally considered "a relatively large amount", and the statutory punishment is less than three years in prison. If the defendant has circumstances such as making restitution, showing remorse, admitting guilt and accepting punishment, or being a first-time offender, there is a good chance of obtaining probation. The specific decision will be made by the court based on the circumstances of the case.
  2. Q: Can I still apply for bail pending trial after being approved for arrest?
    A: Yes. After the approval of the arrest, the defendant can apply for a change of compulsory measures through the review of the necessity of detention. The lawyer can argue based on factors such as social dangerousness, compensation and apology, and there is still a chance to change the measure to bail pending trial.
  3. Q: How significant is the role of compensation and reaching an understanding in sentencing?
    A: Returning the compensation and confiscated illicit gains, and obtaining the victim's forgiveness are important mitigating circumstances, which can significantly reduce the evaluation of social dangerousness and are a key step in obtaining probation.
  4. Q: What is the purpose of the lenient punishment system for those who admit guilt and accept the punishment?
    A: If a suspect voluntarily confesses the truth and signs a plea agreement, they may receive lenient treatment according to the law, which can effectively reduce the sentencing in property-related crimes such as fraud.
  5. Q: When is the best time for a criminal defense lawyer in Beijing to get involved?
    A: The earlier the investigation stage is, the better. Lawyers can meet with clients in time, understand the case, apply for bail and review the necessity of detention, and lay a good foundation for subsequent probation or light sentencing.