The core of corporate criminal crisis response is early detection, early isolation, professional intervention, and unified statements; lawyers can meet with clients and review case files during the investigation stage, and apply for bail and conduct a review of the necessity of detention.
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Even if the embezzled money is returned, it may still constitute a crime. Returning the embezzled money is a mitigating circumstance rather than a reason for acquittal. Whether to initiate a prosecution depends on the amount of money involved and the evidence. It is recommended to consult a lawyer as soon as possible.
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A criminal risk check is a systematic criminal compliance review conducted by lawyers on the operating behaviors and systems of an enterprise before an incident occurs. It aims to identify red lines such as embezzlement and bribery and provide a rectification plan.
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The jurisdiction of criminal retrial shall be determined according to the initiating entity: the higher court may initiate the retrial or order the retrial; the party may file an appeal with the original court or the higher court, or request the procuratorate to file a protest against the judgment.
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The defense of innocence focuses on the weak links in the chain of evidence, relying on physical evidence, documentary evidence, witness testimonies, appraisal opinions, and alibis, etc., to exclude illegal evidence and establish reasonable doubt in accordance with the law.
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The retrial and change of verdict in criminal cases must meet the statutory grounds set forth in Article 253 of the Criminal Procedure Law, such as new evidence, factual errors, errors in the application of the law, procedural violations, or the misconduct of the trial personnel. However, an appeal does not necessarily lead to a change in the verdict.
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After completing the handwritten will, it should be properly stored in a safe and controlled place or kept in a notarized safekeeping to avoid loss, damage, or concealment. In case of multiple conflicting wills, the latest will shall prevail.
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In principle, a handwritten will must be written, signed, and dated by the testator in their own handwriting. If it is necessary to have someone else copy the will, the testator should check and sign it themselves. Otherwise, the validity of the will may be affected. It is recommended to prioritize writing the will by hand or having it notarized.
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A handwritten will must be written and signed by the testator in person, with the date of writing specified. Although a pencil-written will is also written by the testator, it is easy to alter, making it difficult to prove its authenticity. It is recommended to use a pen that is not easy to alter and have a lawyer review it.
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The portion reserved for the fetus cannot be distributed before delivery. If the fetus is alive, it shall be managed by its guardian; if the fetus is dead, it shall be subject to statutory inheritance. No one is allowed to dispose of it in advance without authorization.
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The inheritance should be divided so that a share is reserved for the fetus. If the fetus is born alive, it shall be entrusted to the mother for management; if the fetus is stillborn, the inheritance shall revert to the statutory heirs. The management of the inheritance must be for the benefit of the fetus, and the inheritance shall not be disposed of without authorization.
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The widowed daughter-in-law should fulfill her main obligation of supporting her parents-in-law as the first-order heir. The inheritance share should first be allocated from the couple's joint property and then distributed according to the law or the will. Those who fulfill their main obligations can claim a larger share of the inheritance.
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A widowed son-in-law who fulfills his main duty of supporting his in-laws can be an heir in the first order; the evidence must prove that his spouse died first and that he provided long-term primary care for them, supported by transfer records, medical certificates, and community certificates.
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The right of subrogated succession and the right of vicarious succession can be applied simultaneously: the former solves the transfer of shares in the event of the death of an inheritor during the inheritance process, and the latter solves the situation where a child dies before the decedent, allowing younger blood relatives to succeed in their place, which is handled in accordance with the Civil...
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In the case of transfer of succession, if the inheritor dies during the process, the inheritance share will be transferred to multiple inheritors, resulting in an increase in the number of right holders. The share can be confirmed according to the agreement or statutory succession, and those who claim a smaller share must provide sufficient evidence to support their claim.
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