Lawyer's character

“Previously, when I was handling similar cases, I checked online specifically to find out whether there was a crime amount limit in the above provisions.

Article 4 of the "Interpretation and Application of Several Issues Concerning the Specific Application of Laws in the Handling of Criminal Cases of Illegal Fund Raising" ("People's Justice" 2011 Issue 05), regarding 'illegal absorption or disguised absorption of public deposits, mainly used for normal production Business activities that can promptly clear out the absorbed funds can be exempted from criminal punishment; if the circumstances are obviously minor, they will not be treated as crimes. ’ provisions are expressed as follows:

‘Regarding this article, during the drafting process there were opinions that the amount of exemption from criminal punishment should be limited, and for huge amounts, exemption from criminal punishment should not be allowed. After research, criminal cases of illegally absorbing public deposits have their own particularities: first, the amount of the crime is often very large, and if an amount limit is set, this provision may be meaningless in practice; secondly, the harmfulness of the crime of illegally absorbing deposits is mainly This was reflected in the inability to return the absorbed funds and the resulting social stability issues, so it was not adopted. ’

It can be seen from this that there is no limit on the amount of the crime as long as the conditions are met.

According to the principle of "heavy weight to lighten the light", since the above conditions are met and the judicial interpretation stipulates that the defendant can be exempted from criminal punishment or treated as innocent, then the defendant can be given a lighter punishment.

Returning to this case, the defendant in this case did not completely liquidate the funds absorbed, so it is difficult to be exempted from criminal penalties or to be treated as innocent. However, this case actually basically has the requirements of 'mainly used for production and business needs' and 'active liquidation'. In my opinion, the above-mentioned principle of light punishment can be applied to the two key conditions of the funds absorbed. "Song Hui explained with a serious face.

(Note: In December 2021, the Supreme People's Court revised the "Interpretations of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Illegal Fund-raising".

The revised "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Illegal Fund-raising" will come into effect on March 1, 2022.

In Articles 3, 4 and 5 of the revised interpretation, illegal absorption or disguised absorption of public deposits shall be subject to the conditions for criminal liability in accordance with the law, as well as "a huge amount or other serious circumstances", "a particularly huge amount or other particularly serious circumstances", etc. Adjustments and refinements were made.

Interested book friends can check it out)

“I agree with Attorney Song’s opinion. There are three reasons:

First, from the perspective of motivation, the defendant's borrowings were mainly used for production and business needs. Based on the analysis of the whole case, there are three main reasons why the defendant in this case wanted to raise private funds for real estate development:

1. Due to policy control, land mortgage loans are not granted to real estate development companies below the county level, resulting in failed bank loans. In order to complete the project development, the defendant had to borrow private money, and this alone increased the amount by 70 to 80 million. Interest costs.

2. After the construction started, due to geological problems, the project progress was very slow, and because the land could not be constructed at night in the urban area, the underground project took a year longer than originally expected, which resulted in an additional cost of 6,000 yuan. Ten thousand yuan of interest burden.

3. Due to construction progress problems, the project was delayed by nearly a year and a half from the previously estimated pre-sale time. At this time, the purchase restriction policy was introduced. Following the weakness of the real estate market, the home purchase rate was low, and it was difficult for the company to withdraw funds. .

Judging from the defendant's use of borrowings, most of the funds were directly used for production and operation needs, and were fundamentally still based on production and operation considerations.

Second, after the incident, the defendant in this case actively returned the stolen goods and took the initiative to use all his property of more than 70 million yuan for compensation. Coupled with the bankruptcy and liquidation of Xianglong Real Estate, most of the money was repaid. According to the defendant, the actual amount of the loan that could not be repaid was only about 12 million yuan, and the repayment ratio of the principal was about 96%.

In addition, according to the defendant, since the IOUs for the defendant's loans were exchanged every year, and part of the loans were the interest from the previous year included in the principal, so of the 12 million yuan loan that could not be repaid, Includes some interest.

In addition, according to the defendant, most of the creditors who participated in the early stage of borrowing have almost recovered their principal. The real losses are the very small number of creditors who entered later, but the proportion of principal repayment is at least 80%. above.

Of course, the above amount can only be confirmed after cross-examination in court, but according to the memories of financial director Qin Cui, this figure should be quite different.

Third, there were no vicious incidents such as casualties in this case. The mood of creditors was relatively stable after the company's bankruptcy distribution, and there was no large-scale harassment incident of SF. There are no ‘other serious circumstances’ that would make probation inappropriate in this case.

Therefore, based on what we know so far, I think that although the four defendants in this case are guilty of illegally absorbing public deposits, they can be given lighter punishments and be given suspended sentences. " Du Yong said.

After Du Yong finished speaking, everyone was silent. Although some lawyers were unwilling to do so, they could only do this as they could not find the legal basis for the time being.

"This case is relatively sensitive and has been widely circulated on the Internet. I would like to remind you that the results of our discussion today are internal opinions and cannot be shared externally.

Lawyer Du, when you come up with a plan, you must pay attention to the degree of control, and appropriately lower the expectations of the parties. Don't talk too much in order to win the case, and be sure to anticipate various risks. After all, this case is not being heard in our city's court.

I agree with your opinion, but before issuing the final plan, you must meet with the boss of the Zuo family and review the results. The plan currently issued is only a preliminary plan, not a final plan, and it must be clearly marked. "Fang Yi reminded.

"Okay, don't worry, I will strictly control the case. In addition, there are four defendants in this case. I definitely can't do it alone. I need at least three lawyers to join. Each person is responsible for one defendant." Du Yong was excited, this If the case is signed, the legal fees for the four defendants will be more than 1.6 million! If there is a second trial, at least another eight or nine hundred thousand in legal fees can be collected, which is definitely a fat job.

"Do you have a suitable candidate?" Fang Yi smiled.

"I have communicated with Lawyer Song before, and Lawyer Song is willing to help me. Let's see which lawyer has time and can join us." Du Yong said.

"What... count me in." Geng Zhen was the first to raise his hand. There were not many opportunities to make a fortune and get involved in non-suction cases that he had never encountered before.

"I have many cases in hand, so I won't be involved. If you need help, just ask." Meng Guangda said with a smile.

He is also well-known now and has a lot of cases in his hands. Naturally, he will not compete with other lawyers for business.