From 9 to 10 April, the Peoples Procuratorate of the Central District of Xining City initiated a public prosecution. The 17 defendants, led by Wei Mouwei and Song Mouzhou, involved in the crime of routine loans, opened a public hearing in the Central District Court. The gang members include Lin Xiaoqing, a 36-year-old female lawyer from Beijing Dacheng (Xining) Law Firm, and Lin Xiaoqing, who were charged with two counts, including fraud and extortion.
Whether lawyer Lin Xiaoqing is guilty or not, the prosecution and the defense have been fighting each other in court. On April 13, upstream journalists sorted out ten major issues of controversy between the prosecution and the defense through the relevant contents of the indictment and the defense opinion.
Lawyer Lin Xiaoqing, accused of a crime.
1. As the companys legal adviser, does Lin Xiaoqing belong to the accomplice of criminal groups of evil forces?
Public prosecutor: In July 2017, Lin Xiaoqing was hired as a legal adviser by the company involved. They are included in the accomplices of criminal groups of evil forces of important members.
Defense attorney: The Criminal Law stipulates that a person who knows subjectively that another person is committing a crime and objectively provides assistance for the crime can be considered an accomplice. Everyone has the right to entrust lawyers with legal services, even criminals. Regardless of whether the party commits a crime or not, the lawyer knows that he is committing a crime. As long as the legal services provided are legitimate, the lawyer can not prove that he is an accomplice with the party by knowing his criminal act.
2. Recognizing that the company involved is illegal, is it illegal for lawyers to sign legal service agreements with them?
Public prosecutor: Before signing the Perennial Legal Consultant Contract, Lin Xiaoqing should realize that it is illegal for Qinghai Joint Venture Company to deduct interest in advance in borrowing, and should not sign a legal service agreement with the company.
Defense attorney: There is no legal basis for this statement. To determine that lawyers and parties constitute joint crimes, first of all, lawyers should know that the parties are committing crimes, and help the parties to do things beyond the scope of lawyersbusiness, such as commanding organizations, making suggestions, participating in violent actions, etc. But if it is within the scope of lawyersbusiness, even if lawyers help criminals, lawyers behavior can not be recognized as a crime according to law.
3. Is Lin Xiaoqing an important member of criminal syndicates of evil forces?
Public prosecutor: Four defendants, including Lin Xiaoqing, are important members of criminal syndicates of evil forces.
Defense attorney: Lin Xiaoqing provides legal consultation or proxy services like other companiesperennial legal advisers.
Prior to this, the companys lending, collection business model and standard contract text have been completed and in operation. No one in the company has ever communicated with Lin Xiaoqing about the operation of the lending and collecting business model, nor have they seen the business process documents. Therefore, Lin Xiaoqing should not be identified as an important member of the criminal group of evil forces.
4. Does the agreement of going to the police station three times a year to participate in mediation know that the company involved will break the law?
Public prosecutor: The Perennial Legal Counsel Contract stipulates that three times a year, Lin Xiaoqing will go to the police station to participate in the mediation, which shows that Lin Xiaoqing knows that the company will have illegal acts such as fighting and fighting in the collection process, but participates in the mediation.
Defense attorney: To go to the police station to mediate shows that the parties believe in the legal settlement of disputes. Lawyersassertion of rights for the parties is a normal practice stipulated in the Lawyers Law. The terms specified in the Perennial Legal Advisory Contract do not deduce that the company it serves is committing a crime.
_Xining City Central District Peoples Procuratorate prosecuted the first criminal case of routine loan evil forces in Qinghai Province according to law.
5. Is it helpful to put the legal advisers brand name in the collection department of the company involved?
Public prosecutor: Qinghai Joint Venture Company put Lin Xiaoqing as a famous brand of legal consultant in the companys collection department, which objectively plays a psychological hint role for internal staff, produces psychological coercion for external customers, and helps the companies involved in the violation of the law.
Defense attorney: Lin Xiaoqing is a legal adviser hired by Qinghai Co-venture Company. It is not illegal for the company to publicize this fact.
6. Does Lin Xiaoqing constitute a crime of fraud?
Public prosecutor: Lin Xiaoqing, with the purpose of illegal possession, conceals the truth, repeatedly defrauds other peoples property and the amount is especially huge, and is suspected of fraud.
Defense attorney: In the crime of fraud stipulated in the Criminal Law, the perpetrator commits fraud, and the perpetrator intentionally takes the illegal possession of other peoples property as the purpose. The fraud of routine loan accused in the indictment is an organized and systematic falsification of creditors rights after the comprehensive design of Qinghai Joint Venture Company.
However, from the design of fraud mode to the implementation of specific organizations (such as letting customers fill in blank information, communicating with customers, charging information, etc.), no one in the company involved had any communication with Lin Xiaoqing, nor did Lin Xiaoqing intervene.
When the victim Luomou and other individual disputes arise and Lin Xiaoqing participates in the handling, he also told the company that it is illegal to force the trailer, and that the interest and the trailer fee beyond the legal provisions are not protected by law. Therefore, Lin Xiaoqings charge of fraud can not be established.
7. Are the lawsuits brought by lawyers blackmail?
Public prosecutor: As the legal adviser of Qinghai Co-venture Company, Lin Xiaoqing extorts the victim Luomou by bringing a lawsuit to the court.
Defense attorney: The crime of extortion stipulated in the Criminal Law refers to the illegal possession of the victims property by means of intimidation, threat or coercion for the purpose of illegal possession.
Extortion is illegal. It is a legal expression to settle disputes by litigation, and it is not illegal. Civil litigation does not have the means of psychological coercion and intimidation, threat or threat to the victims. Lin Xiaoqing acts on the basis of the evidence provided by the company involved, which is a normal lawyers proxy business.
8. Reducing the amount of expenses in the litigation request is for the court to accept the case?
Public prosecutor: If these super-high fees are put forward directly as litigation requests, the court will not file a case for acceptance, which makes it impossible for Qinghai Co-venture Company and Lin Xiaoqing to extort victims. Therefore, to reduce the amount is Lin Xiaoqings way to cover up his extortion through litigation.
Defense attorney: Lin Xiaoqing instructed the company involved to change the tug fee from 10,000 yuan to 300 yuan and the parking fee from 100 yuan per day to 10 yuan per day in order to persuade the company to give up its improper claim.
_Lin Xiaoqing is charged with two charges.
9. Should we review the legitimacy of the business of the company involved when serving as a perennial legal adviser?
Public prosecutor: Lin Xiaoqing is a perennial legal adviser of Qinghai Joint Venture Company. He should examine the legitimacy of the companys business and discover the criminal facts of the company.
Defense attorney: Perennial legal adviser is a person who provides legal services according to the contract, not an administrative law enforcement organ. At any time, he has no right to examine the legitimacy of his clients business.
10. Does a lawyer have exemption from practice for a clients criminal act?
Public prosecutor: The Lawyers Law only stipulates that lawyers should keep confidential the relevant information and information that clients are unwilling to disclose in their professional activities. There is no such exemption from practice for the clients criminal acts.
Defence Lawyer: The Lawyer Law stipulates that lawyers are exempted from the duty of confidentiality only when the clients criminal facts involve endangering national security, public security and seriously endangering the personal safety of others. For other criminal acts of the client, unless the client surrenders, the lawyer must keep the clients secret. The duty of confidentiality to the parties is the cornerstone of the lawyer system. Without this obligation of confidentiality, the relationship of trust between the parties and lawyers would not exist.
Female lawyers are accused of being members of evil forces and litigation as one of the criminal activities
From 9 to 10 April, 17 defendants, led by Wei Mowei and Song Mouzhou, were prosecuted by the Peoples Procuratorate of Chengzhong District of Xining City. The case of routine loan was heard in the court of Chengzhong District. The members of the criminal group included Lin Xiaoqing, a 36-year-old female lawyer of Beijing Dacheng (Xining) Law Firm, who was accused by the defendant.