[Case Summary]This case involves criminal defense for fraud, and the defendant was ultimately not prosecuted. The defendant, Zhang *, was criminally detained by a certain public security bureau in Beijing on suspicion of fraud, and the case was handled by Beijing Hengluo Law Firm.Yuan HangAfter accepting the client's entrustment, the lawyer first met with the investigative organ, communicated with them, and submitted written opinions, successfully obtaining bail pending trial; assisted in returning all illegal proceeds and obtaining the victim's forgiveness. During the review and prosecution stage, the lawyer submitted an application for non-prosecution based on the circumstances that Zhang * was a minor at the time of the crime, confessed truthfully, and voluntarily pleaded guilty and accepted the punishment, and the procuratorate adopted the opinion, ultimately making a non-prosecution decision against Zhang *, leaving no criminal record.

I. Review of the case

Families often search for phrases like "Can a lawyer help avoid prosecution if someone is suspected of fraud?" and "Can a plea agreement help avoid prosecution if someone is involved in fraud and returns the money?" In this case, the defendant, Zhang*, was criminally detained by a branch of the Beijing Municipal Public Security Bureau on suspicion of fraud. After accepting the case, Henglu Law Firm actively carried out defense work based on the characteristics of the criminal investigation stage, contacted the investigative organ immediately to arrange a meeting with the defendant, and then communicated with the investigative organ in detail about the case, submitting written opinions. As a result, the defendant was successfully granted bail pending trial.

At the same time, the lawyer assisted the client's family in handling all the procedures for the return of illegal proceeds and reached a settlement agreement with the victim. After multiple communications, the victim issued a letter of understanding. Subsequently, on the basis of grasping the facts of the entire case, Hengluo Lawyers actively communicated with the case-handling organ and submitted an application for refusal of arrest, requesting that Zhang * not be arrested and that the compulsory measures be changed to bail pending trial according to law, helping the client successfully obtain bail. At the same time, during the review and prosecution stage, the lawyer, based on the circumstances of Zhang *'s involvement in the case, believed that although he was suspected of committing a crime, the circumstances were relatively minor. He was a minor at the time of the crime, truthfully confessed the facts of the crime after appearing in court, and voluntarily pleaded guilty and accepted the punishment. There was room to strive for non-prosecution, so the lawyer determined the defense plan and submitted an application for refusal of prosecution.

II. The focus of the case

  • Focus 1: How to continue to strive for non-prosecution after being granted bail pending trial.Obtaining bail is just a temporary result. It is necessary to further submit an application for non-prosecution.
  • Focus II: Systematic demonstration of such circumstances as minors, admitting guilt and accepting punishment, restitution and understanding, etc.Integrate multiple statutory mitigating circumstances.
  • Focus Three: The timing and content of the submission of the application for non-prosecution.Submit it in a timely manner during the review and prosecution stage.

III. The professional intervention of Hengluo Law Firm

The party concerned claimed that:Zhang *'s involvement in the case is minor. He is a minor, has admitted his guilt and accepted the punishment, and has made restitution and obtained the victim's forgiveness. We earnestly request that he not be prosecuted.

The position of the prosecution (the investigating authority):It is necessary to review whether to prosecute in accordance with the law.

Hengluo Lawyer's Representation Opinion:After accepting the entrusted case, the attorney shall contact the investigative organ as soon as possible, meet with the client, submit written opinions to facilitate bail; assist in returning all illegal proceeds, reaching a settlement, and obtaining a letter of understanding; in the prosecution stage, considering the statutory mitigating circumstances such as Zhang * being a minor, making a truthful confession, and voluntarily pleading guilty and accepting the punishment, submit an application for non-prosecution and strive to avoid leaving a criminal record.

IV. Outcome of the case

In the end, the procuratorial organ considered that the circumstances of the defendant's crime were minor, etc., and adopted Henglue Lawyer's defense opinion. In accordance with the relevant provisions of the Criminal Law, it decided not to prosecute the defendant, Zhang *. This enabled the defendant to achieve the ideal defense result of not needing criminal punishment and having no criminal record.

5. Henglu Law Firm's Advice

This case is handled by Beijing Henglu Law Firm.Yuan HangThe attorney (practice certificate number: 11101202110286151, subject to the document issued by the judicial administrative organ) acts as the agent. After being granted bail pending trial, there is still room to strive for non-prosecution, and it is crucial for professional lawyers to intervene as early as possible.

VI. Common Questions About Fraud-Related Crimes FAQ

  1. Q: If I'm suspected of fraud, can I avoid being prosecuted by hiring a lawyer?
    A:If the circumstances are minor and involve factors such as admitting guilt and accepting punishment, making restitution and reaching an understanding with the victim, or the offender being a minor, lawyers can strive for a non-prosecution decision during the review and prosecution stage.
  2. Q: Can I avoid being prosecuted if I reach an understanding with the victim and compensate them for the fraudulent losses?
    A:Returning all illegal proceeds and obtaining the victim's forgiveness are important mitigating circumstances, which can significantly increase the likelihood of not being prosecuted.
  3. Q: How to defend a minor who has committed a crime?
    A:Minors shall be given a light or mitigated punishment according to law. The lawyers will focus on defending them based on their age, their admission of guilt and repentance, and their education and rehabilitation.
  4. Q: Will I still be prosecuted after being granted bail?
    A:Being released on bail does not mean the case is over. The defendant may still be prosecuted, and they need to continue to defend themselves to strive for non-prosecution or a light and lenient sentence.
  5. Q: If a person is not prosecuted for fraud, will they still have a criminal record?
    A:Neither statutory non-prosecution nor discretionary non-prosecution constitutes a determination of guilt, and generally do not result in a criminal record.