[Case Summary]This case is a criminal defense case of the crime of illegally absorbing public deposits. The defendant, A*, during his tenure as a financial manager and branch manager, illegally absorbed funds totaling more than 33 million yuan from investors. After being arrested, he refunded 200,000 yuan of the illegal proceeds. Beijing Henglu Law FirmXue Suhua、Wang DongThe lawyer intervened and secured bail pending trial during the review and prosecution stage. During the trial, the lawyer put forward defense opinions such as first-time offender, truthful confession, guilty plea, active repayment, and accomplice, which were accepted by the court and led to the judgment that A * was guilty of illegally absorbing public deposits and was sentenced to fixed-term imprisonment of two years and probation for three years, with a fine of 50,000 yuan. The core disputes include the identification of accomplice, the application of leniency for guilty plea, and the eligibility for probation. The applicable legal provisions are the relevant provisions of the Criminal Law of the People's Republic of China on illegally absorbing public deposits, accomplice, and probation.

I. Review of the Case Facts

"How many years are people sentenced to for the crime of illegally absorbing public deposits?", "How are accomplices to the crime of illegally absorbing public deposits sentenced?", and "Can a suspended sentence be imposed after making restitution?" are frequently searched terms by the families of those involved in the case. From February 2016 to May 2019, the defendant A * served as a financial manager and branch manager of ** Enterprise Consulting Co., Ltd. During this period, he attracted clients to invest by word-of-mouth promotion and organizing promotion meetings, claiming that the investment was safe and reliable and promising high returns with guaranteed principal and interest. In total, he absorbed funds amounting to over 33 million yuan. A * was arrested on December 16, 2021, and after appearing in court, he made restitution of 200,000 yuan in illegal proceeds. He was arrested on January 22, 2022, and was granted bail pending trial on March 14, 2022. Hengluo Law FirmXue Suhua、Wang DongThe lawyer accepts the commission.

II. The focus of the case

  • Focus 1: The status and role of A in the joint crime.The defense argued that he played a secondary role in the joint crime and was an accomplice, so his punishment should be mitigated.
  • Focus II: How to apply leniency to circumstances such as admitting guilt and accepting punishment, and returning the illegally obtained funds.For first-time offenders who truthfully confess their crimes, voluntarily plead guilty and accept the punishment, and actively surrender part of their illegal income, can they be given a lighter punishment and be sentenced to probation?
  • Focus 3: The amount of illegally absorbed public deposits and the sentencing levels.The amount involved in the case exceeds 33 million yuan, which is a huge sum. The sentencing should be determined within the statutory range, taking into account factors such as the accomplices' roles in the crime.

III. Professional intervention by Hengluo Lawyers

The party involved (the defendant) claimed that:A* and his family hope to minimize the punishment, strive for a reduced sentence and probation, and argue that A* is a first-time offender, has truthfully confessed, admitted guilt and accepted the punishment, actively surrendered part of the illegal income, and played a secondary role in the joint crime.

The position of the prosecution (public prosecution organ):The procuratorate accused A * of violating the provisions of financial management laws, illegally absorbing public deposits, and disrupting the financial order. The amount involved was huge, which constituted the crime of illegally absorbing public deposits and was a joint crime.

Legal opinion of Hengluo Law Firm:Xue Suhua、Wang DongThe lawyer reviewed the case file in detail, sorted out the difficult points, and formulated a comprehensive strategy. After several setbacks during the review and prosecution stage, he successfully secured bail for the client. During the trial stage, he put forward the main defense opinions: A * was a first-time offender who truthfully confessed his crime, voluntarily pleaded guilty and accepted the punishment, actively surrendered part of the illegal income, and most of his illegal income was invested in the company and not recovered. It was recommended to reduce the punishment and apply probation; A * played a secondary role in the joint crime and was a accomplice, who should be given a light, mitigated or exempted punishment according to law.

IV. Outcome of the case

The court accepted the defense opinion of Hengluo Law Firm and, in accordance with the relevant provisions of the Criminal Law, sentenced the defendant A * to two years in prison and three years of probation, and fined him 50,000 yuan. The court held that A * violated the national financial management laws and regulations, illegally absorbed public deposits and disrupted the financial order, with a huge amount involved, which constituted a crime and was a joint crime; given that he truthfully confessed, voluntarily pleaded guilty and accepted the punishment, actively repaid part of the illegal income, and was an accomplice, the court reduced his punishment and applied probation, and the defense counsel's opinion was accepted.

5. Hengluo Law Firm's Reminder

This case is handled by Beijing Henglu Law FirmXue SuhuaAttorney (Practice Certificate No.: 11101201211769926, subject to the certificate issued by the judicial administrative organ);Wang DongThe lawyers (practice license number: 11101201910090334, subject to the document issued by the judicial administrative organ) jointly act as agents. Beijing Hengluo Law Firm safeguards the legitimate rights and interests of clients with a professional, rigorous, and responsible attitude.

Hengluo Law Firm reminds you that once a criminal case is involved, it's better to hire a defense lawyer as soon as possible. Relatives of the detainee will usually receive a "Detention Notice" within 24 hours after the detention, which specifies the suspected crime and the place of detention. It's necessary to meet with the client in time and provide legal and psychological support to avoid missing favorable opportunities such as bail pending trial.

VI. Common Questions About the Crime of Illegally Absorbing Public Deposits FAQ

  1. Q: What is the typical sentence for the crime of illegally absorbing public deposits?
    A:For a relatively large amount, the offender shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; for a huge amount or with serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; for a particularly huge amount, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment. The specific sentencing shall be determined based on the amount of the crime and the circumstances of the case.
  2. Q: Can non-participating accomplices receive a reduced punishment?
    A:In a joint crime, accomplices who play a secondary or auxiliary role shall be given a light or mitigated punishment or exempted from punishment. In this case, A * was given a mitigated punishment and placed on probation because he was an accomplice.
  3. Q: How does returning and compensating for illegal gains help in sentencing?
    A:Active surrender of illegal proceeds and reduction of damage results are discretionary mitigating circumstances. Combined with plea bargaining, they can help secure a lighter punishment and are important favorable factors in obtaining probation.
  4. Q: What is the lenient punishment system for admitting guilt and accepting punishment?
    A:If the suspect or defendant voluntarily makes a truthful statement, admits the facts of the charges, and is willing to accept the punishment, they may be given lenient treatment according to law, which is usually reflected in a lighter sentencing recommendation and a simplified procedure.
  5. Q: What are the conditions for probation in non-drug-related cases?
    A:For criminals who are sentenced to detention or fixed-term imprisonment of not more than three years, and who meet the following conditions at the same time: the crime circumstances are relatively minor, they show remorse for their crimes, there is no danger of reoffending, and the announcement of probation will not have a significant adverse impact on the community where they live, they may be sentenced to probation; accomplices, restitution, and plea bargaining are important considerations.