[Case Summary]This case involves criminal defense and the modification of coercive measures. The defendant, L*, was detained by the Xicheng Branch of the Beijing Municipal Public Security Bureau on suspicion of concealing and disguising the proceeds of crime, and was held in the Xicheng District Detention Center. According to the investigation, L* and the upstream person are siblings. L* was entrusted by her brother to keep a sum of money on his behalf and return it in installments according to his instructions, without inquiring about the source of the funds. The family entrusted the Beijing Hengluo Law Firm to handle the case.Shang Jiang PengThe lawyer acted as a defense attorney and submitted the "Application for Bail Pending Trial" within the "Golden 37 Days" during the investigation stage. The defense was based on the following points: L * did not have the subjective element of "knowledge", even if he committed a crime, he should be given lenient punishment according to law; he did not pose a social danger and met the conditions for bail; and the criminal justice policy of "less arrest, cautious prosecution, and prudent detention" should be implemented. The case-handling organ adopted the defense opinion and changed the compulsory measures against L * to bail pending trial, and L * regained his freedom.

I. Review of the Case Facts

"If a relative asks you to help keep a sum of money for them, could that constitute a crime?" "How can I apply for bail pending trial for the crime of concealing and disguising the proceeds of crime?" These are the most anxious questions of many family members when their relatives are suddenly detained for criminal custody. In this case, the defendant L * was detained by the Xicheng Branch of the Beijing Municipal Public Security Bureau on suspicion of the crime of concealing and disguising the proceeds of crime, and was held in the Xicheng District Detention Center.

It is understood that L* and the upstream personnel involved in the case are siblings. The origin of the case is that L* was entrusted by his younger brother to keep a sum of money on his behalf. Based on the trust between relatives, L* did not ask about the specific source of the funds. After receiving the funds, L* returned part of the funds to his brother in installments according to his instructions. It was not until the police came to investigate that L* learned that his brother might be involved in other cases, and the funds he kept on behalf of him were implicated in those cases.

After the incident, L's family was extremely anxious and immediately entrusted the Beijing Henglu Law Firm to handle the caseShang JiangpengThe lawyer, acting as L*'s defense attorney, hopes to protect L*'s legitimate rights and interests to the greatest extent possible and strive to change the compulsory measures against him/her.

II. The focus of the case

  • It is questionable whether L * subjectively meets the "knowledge of the proceeds of crime" requirement stipulated in the crime of concealing and disguising the proceeds of crime, and whether the elements of the crime are in doubt.
  • Does L* meet the conditions for bail pending trial as stipulated in Article 67 of the Criminal Procedure Law of the People's Republic of China, and does he/she pose a risk to society?

III. The professional intervention of Hengluo Law Firm

The position of the case-handling authority: It believes that L * acted as a custodian and returned the funds in installments. The funds were identified as funds involved in the case, and it intends to investigate his criminal responsibility according to law and continue to detain him.

Shang JiangpengAfter accepting the entrustment, the lawyer shall immediately commence the defense work. Through meetings, he/she shall comprehensively verify the details of the case, clarify the whole process of the fund transactions, sort out the key facts such as the subjective cognition, objective behavior, and appearance in court of the client, and combine the current judicial interpretations and criminal law provisions to conduct a systematic study of the case's nature, constituting elements, sentencing circumstances, and the necessity of detention. He/she shall then promptly submit the "Application for Bail Pending Trial" to the case-handling organ and conduct legal argumentation around the following points:

Firstly, L某 does not subjectively meet the "knowledge" requirement and the constitutive elements of the crime are questionable. The crime of concealing and disguising the proceeds of crime requires that the perpetrator "knows it is the proceeds of crime". According to the comprehensive review and judgment rules established in Article 2 of the Interpretation of the Law [2025] No. 13, the information L某 has access to is only that "his brother entrusted him to keep the money". Based on the trust between relatives, he did not have access to any information related to the upstream crime and had no way of knowing that the funds were the proceeds of crime. After receiving the money, all the payment actions were carried out according to his brother's requirements, and the flow of funds was transparent and traceable, without typical money laundering abnormal operations such as splitting and transferring funds across banks. Moreover, he did not collude with the upstream criminals and did not obtain any benefits from it. The existing evidence is difficult to prove that L某 meets the proof standard of "knowing or should have known".

Secondly, even if it is determined that L* constitutes a crime, he should be given lenient treatment according to law. After appearing in court, he truthfully confessed all the facts, which constitutes a confession and can be given a light punishment according to law; he is a first-time offender and an occasional offender without any criminal record or bad conduct. His current act was an occasional act based on kinship, with extremely low subjective malice and extremely low likelihood of reoffending; the amount of money involved in the case is small and the recovery of the illicit proceeds is good. The amount of money involved in the case does not meet the standard of "serious circumstances", and the vast majority of the money has been recovered or is in a state of being recoverable, without causing the loss of funds. According to relevant judicial interpretations, for those who conceal or hide the proceeds of crime for their close relatives, admit their guilt and accept the punishment, and actively cooperate with the recovery of the illicit proceeds, if they are first-time offenders or occasional offenders with minor circumstances, they can be exempted from prosecution or given a non-criminal punishment.

Thirdly, there is no social danger, and he meets the statutory conditions for bail pending trial. L * has a fixed residence, stable job, and family relations, and strong social ties. After appearing in court, he actively cooperated and showed no possibility of fleeing; all the key facts of the case are fixed by objective evidence, and there is no possibility of destroying or forging evidence or colluding with others; his personal danger is extremely low, and he does not pose any social danger, which meets the provisions of Article 67 of the Criminal Procedure Law of the People's Republic of China.

Fourth, implement the criminal justice policy of "less arrests, cautious prosecutions, and prudent detentions". The current criminal justice policy requires that all criminal cases be handled with leniency when appropriate, and detention should be used with caution. Where possible, arrests should be avoided. Since L*'s suspected crime carries a relatively light statutory punishment, and he is a first-time offender and occasional offender, the key facts of the case have been clarified. Continued detention would not only violate the principle of proportionality but also hinder his cooperation with subsequent restitution work. Therefore, changing his compulsory measure to bail pending trial fully meets the policy requirements.

IV. Outcome of the case

The case-handling organ fully reviewed all the facts and evidence of the case and adopted them.Shang Jiang PengThe lawyer's defense opinion was taken into consideration in making the decision according to law, and L*'s compulsory measures were changed to bail pending trial. L* was able to leave the detention center, return to his family, and regain his freedom. In this case, the lawyer successfully secured bail within the "golden 37 days" during the investigation stage, laying a good foundation for subsequent legal handling of the case.

5. Hengluo Law Firm's Reminder

Case reminder: Even out of family or friendship, do not casually help store, receive, or transfer funds of unknown origin. Once the funds are found to be criminal proceeds, there's a high chance of being involved in criminal risks. If you unfortunately get involved in the case, you should immediately hire a professional criminal lawyer to intervene, clarify the facts, and strive for a legal settlement in accordance with the law. This case is handled by Beijing Henglu Law Firm.Shang JiangpengThe attorney (practice certificate number: 111012023105807, subject to the certificate issued by the judicial administrative organ) acts as the agent.

VI. Common Questions About Criminal Defense FAQ

  1. Q: How to apply for bail pending trial for the crime of concealing or hiding the proceeds of crime? A: It is necessary to hire a lawyer as early as possible during the investigation stage, and submit an application for bail pending trial based on the subjective element of "knowing full well", mitigating circumstances, the absence of social danger, and the "less arrest, more prosecution, and less detention" policy.
  2. Q: Is it a crime to keep money for relatives or friends? A: The key question is whether you "knew" that the money was derived from criminal activities. If you acted based on family trust, had no access to information about the upstream crime, and engaged in no suspicious activities, it would be difficult to prove subjective knowledge, and the criminal intent would be questionable.
  3. Q: What does the "Golden 37 Days" mean after criminal detention? A: It refers to the detention period before arrest, which is a critical window for applying for bail pending trial and preventing the prosecutor from approving the arrest. The earlier a lawyer gets involved, the more beneficial it is for establishing favorable facts.
  4. Q: Will first-time offenders, occasional offenders, and those who return the illicit gains be given a lighter punishment? A: Yes. Giving a truthful confession can lead to a lighter punishment according to the law; if they conceal or cover up crimes for their close relatives, admit their guilt and accept the punishment while cooperating with the recovery of the illicit gains, or if the circumstances are minor, they may not be prosecuted or may be exempted from criminal punishment.
  5. Q: Does being granted bail pending trial mean that the case is over? A: Not necessarily. Bail pending trial is a change in the coercive measures. The case will still proceed according to the law, and the defendant must comply with the regulations and cooperate with subsequent investigations and litigation.