The defense of innocence and mitigated guilt can be raised together: making a plea of innocence based on fundamental defects in the evidence, and simultaneously claiming mitigated guilt due to aggravating circumstances; according to Article 37 of the Criminal Procedure Law, the strategy should be determined based on the facts and evidence.
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Under the bail pending trial system, it is not necessary to provide a guarantor, and a bail option can be chosen instead. According to Article 67 of the Criminal Procedure Law, the key consideration is whether there is no risk of causing social harm. It is recommended to engage a lawyer as soon as possible to apply for a change in the coercive measures.
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Corporate executives should take proactive measures to prevent risks such as embezzlement of funds, misappropriation of funds, and commercial bribery; establish internal control systems and separate public and private assets. Once involved in criminal cases, they should engage professional criminal lawyers as soon as possible.
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To determine whether online legal consultations are reliable, it's important to check their qualifications and procedures: verify the lawyer's license number and law firm information, ensure that the law firm handles all case acceptance and fee collection centrally, pay attention to confidentiality obligations, and be cautious of promises of guaranteed victories and private fee collection.
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It's not illegal to offer free services first and charge fees later, and this is a common service arrangement. However, the fees must be collected and charged by the law firm in a unified manner and agreed upon in writing. It is prohibited to charge fees privately or engage in illegal risk-sharing agreements.
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A family property agreement does not require notarization to take effect; it is valid upon written signing. Notarization can enhance the evidentiary force and prevent reneging on agreements. Notarized agreements involving real estate and gifts are even more legally binding.
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After the default on overseas bonds, domestic investors can seek compensation through domestic litigation, overseas litigation and applying for enforcement recognition in mainland China, bondholder meetings, and arbitration. It's important to pay attention to the three-year statute of limitations and guarantee documents.
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The civil and commercial judgments that have taken effect on the mainland will not automatically take effect in Hong Kong. They must be registered and recognized by the Court of First Instance of the High Court of the Hong Kong Special Administrative Region in accordance with the mutual recognition arrangement for judgments between the two places that took effect from January 2024, before they can...
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If an account is frozen, first identify the entity responsible for the freeze: if it's a bank or payment institution, you can submit materials to appeal against the risk control decision. If it's a public security organ involved in fraud-related freezes, you must cooperate with the investigation and provide transaction receipts. If it's a court-ordered preservation, you can apply for a review or p...
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During the quality objection period, the agreed inspection period shall be checked first. If there is no agreement, the buyer shall notify the seller within a reasonable period of time, with a maximum of 2 years from the date of receipt of the goods. For products with a quality warranty period, the warranty period shall apply. If the buyer fails to notify the seller, it shall be deemed that the qu...
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If the penalty for breach of contract is excessively higher than the actual losses, the party may request a reduction: According to Article 585 of the Civil Code, the penalty shall be determined based on the actual losses, taking into account the performance of the contract and the degree of fault, and the party concerned shall actively propose this request.
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The disclaimer is not necessarily effective: According to Article 496 of the Civil Code, the obligation to provide sufficient warnings and explanations must be fulfilled. Articles 497 and 506 stipulate that disclaimers are invalid in circumstances such as excluding the other party's main rights, and disclaimers of personal injury are also invalid.
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Distinguish whether there is an illegal possession purpose: contract disputes are civil disputes, and contract fraud is subject to prosecution in accordance with Article 224 of the Criminal Law. The standard for initiating a prosecution is generally more than 20,000 yuan, and the case should be transferred to the public security organ for investigation if it involves a crime.
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If a party to the reservation contract fails to fulfill its obligations under the contract, it may, in accordance with Article 495 of the Civil Code, request to assume breach of contract liability, claim to continue negotiations or compensation for loss of reliance interests; if a deposit has been agreed upon, the penalty for the deposit may also be applied.
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In principle, the right to rescind the contract belongs to the party that fulfills the contract. When the contract reaches an impasse, according to Article 580 Paragraph 2 of the Civil Code and Article 48 of the Nine Civil Cases Interpretation, the party in breach of contract may request to terminate the contract, but the liability for breach of contract will not be exempted thereby.
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