[Case Summary]This case is a criminal defense (bail pending trial) case of contract fraud. Li Mingli was detained and arrested for his involvement in contract fraud in an overseas intermediary project, with the amount involved reaching nearly 200,000 yuan. He is currently detained in the Changping District Detention Center in Beijing. His family has entrusted the Beijing Henglu Law Firm to handle his legal defense.Yuan HangThe lawyer conducted a defense. The lawyer focused on the necessity of detention and submitted the "Application for Review of the Necessity of Detention", putting forward thirteen reasons for changing the coercive measures. The arguments focused on the suspect's voluntary surrender, admission of guilt and punishment, compensation and apology, being an accomplice, meritorious service, family difficulties, and health crises. Two weeks later, the Changping District People's Procuratorate decided to change the coercive measures to bail pending trial, and Li Mingli regained his freedom. The core controversy is: how can suspects with minor criminal circumstances, little subjective malice, and who meet the conditions strive for bail pending trial? Applicable legal provisions: Articles 67 and 97 of the Criminal Procedure Law, and Articles 67 and 68 of the Criminal Law.

I. Review of the case

"Can my family get bail if they are arrested for contract fraud?" and "How can an accomplice in contract fraud fight for freedom?" are frequently asked questions. Li Mingli was detained for criminal custody after being suspected of participating in contract fraud in an overseas intermediary project involving nearly 200,000 yuan, and was later approved for arrest and detained in the Changping District Detention Center. Li Mingli himself suffers from severe gallstones and depression, and his elderly and ailing parents and three young children need to be cared for. After being arrested, his family entrusted a lawyer to handle the case for him.Yuan HangWith the lawyer's defense, the case saw a turnaround.

II. The focus of the case

  • Focus 1: Whether the necessity of detention is established.The core of the defense is whether Li Mingli meets the conditions for bail pending trial and whether it is necessary to continue to detain him.
  • Focus Two: How to integrate the mitigating circumstances of the crime.Many circumstances, such as surrendering to the authorities, admitting guilt and accepting punishment, making restitution and reaching a settlement, being an accomplice, performing meritorious deeds, and facing family and health challenges, require systematic argumentation.
  • Focus Three: Subjective Malice and Social Dangerousness.Li Mingli is a tool used to deceive others, and his role is negligible. How to evaluate and eliminate the social danger he poses?

III. Professional intervention by Hengluo Lawyers

The suspect claimed that:Li Mingli and his family hope to receive lenient treatment and regain their freedom as soon as possible. Li Mingli voluntarily surrendered to the police, truthfully confessed his crimes, cooperated with the return of the stolen money, and reached a settlement with the victim. As an accomplice who has rendered meritorious service, we earnestly request that the compulsory measures be changed to bail pending trial.

The position of the prosecution (the case-handling organ):The investigative organ requested a review of the case on the suspicion of contract fraud, focusing on the amount involved, the completed form of the crime, and its social dangerousness.

Hengluo Lawyer's Agency Opinion:Yuan HangAfter accepting the client's entrustment, the lawyer conducted a comprehensive analysis and keenly focused on the necessity of detention and the conditions for bail. He formulated a detailed strategy: voluntary surrender and admission of guilt (actively surrendering to the authorities, truthfully confessing, making restitution and obtaining a settlement); family difficulties and health crises (parents' serious illness, young children, personal kidney stones and depression); accomplice status and meritorious performance (only communicating and coordinating, with low subjective malice, providing clues to the main perpetrator and assisting in solving the case); and the client himself was also a victim. Based on Articles 67 and 97 of the Criminal Procedure Law and Articles 67 and 68 of the Criminal Law, the lawyer submitted a "Review Application for Detention Necessity" and put forward thirteen reasons.

  • The defendant's crime is minor, and granting bail will not pose a danger to society
  • It is emphasized that Li Mingli is an accomplice, with extremely low subjective malice, and he has the circumstances of voluntary surrender, meritorious service, and pleading guilty and accepting punishment
  • Two weeks later, the People's Procuratorate of Changping District decided to change the compulsory measures to bail pending trial

IV. Outcome of the case

AfterYuan HangAfter two weeks of tireless efforts and meticulous defense by the lawyer, the People's Procuratorate of Changping District of Beijing City finally decided to change Li Mingli's compulsory measures to bail pending trial. When Li Mingli walked out of the detention center, he was overjoyed and expressed his sincere gratitude to the lawyer for his excellent defense. The case did not proceed to actual imprisonment, and the client regained his freedom.

5. Henglu Law Firm's Reminder

The review of the necessity of detention is an important procedure to safeguard the legitimate rights and interests of criminal suspects. After being detained, the suspect or his/her attorney may apply for a review, and the case-handling organ shall review the case and make a decision in a timely manner. This case is handled by Beijing Henglu Law Firm.Yuan HangThe lawyer (practice license number: 11101202110286151, subject to the documents issued by the judicial administrative organ) acted as the defender and, relying on Articles 67 and 97 of the Criminal Procedure Law and Articles 67 and 68 of the Criminal Law, secured bail pending trial for the client.

VI. Common Questions about Contract Fraud Cases - FAQ

  1. Q: Can a person who has been arrested for contract fraud be granted bail?
    A: If the crime is minor, the offender surrenders himself/herself and admits his/her guilt and accepts the punishment, and the social danger is small, he/she can apply for a change of bail through a review of the necessity of detention.
  2. Q: How can an accomplice in contract fraud fight for their freedom?
    A: If the accomplice has a low subjective malice and a minor role, the necessity of bail can be demonstrated by considering factors such as meritorious service and compensation for losses, in order to avoid continued detention.
  3. Q: How to submit an application for a review of the necessity of detention?
    A: It is submitted to the procuratorate by the defense attorney after the approval of the arrest, systematically arguing around the social dangerousness, the mitigating circumstances of the crime, and the factors of a healthy family.
  4. Q: Will I still be sentenced to prison after being granted bail?
    A: Bail is a coercive measure, which does not mean the case is closed. The case will still proceed, but it creates conditions for a light sentence or non-prosecution in the future.
  5. Q: When is the best time for a criminal lawyer in Beijing to get involved?
    A: The earlier in the investigation phase, the better. It's important to meet with the client in time, submit a review of the necessity of detention, and seize key time windows.