Keywords: Finance; trust failures; crime of breach of trust involving entrusted property; intentional injury and intentional homicide; lawyer-client meetings; multiple offenses versus acquittal

Counseling Attorney Ma Linping 

Basic Facts of the Case: 

This case stems from the collapse of the only trust company in the three northeastern provinces that had been officially listed and qualified, involving breach of fiduciary duty.   Given the large number of people involved, the substantial amounts of money at stake, and the wide-ranging impact of the crime involving entrusted property, this should be considered a nationwide issue.   The country's first case. The case files and materials involved amount to as many as 1,559.   book   Financial data and trust   Big Market "Harmony"   And “   Small collection   The funds involved amount to as much as  1131  100 million yuan,   The main suspect is charged with   There are three charges, and in recent years, the complexity of these cases and the specialized requirements involved have ranked among the highest in the three northeastern provinces.   Mao. 

(1) Crime of Breach of Trust in the Use of Trust Property 

Since 2013, XX   The trust is redeeming the maturity payment to investors. Trust funds, approved by Mr. Dong.   Decision to breach fiduciary duty   Concealing trust assets from investors The true purpose of gold: rolling issuance pool   The pooled fund trust plan will invest the raised trust funds in the asset management products of XX Securities Co., Ltd.   The product serves as a channel, actually used to redeem matured trust funds and repay previously advanced proprietary funds.   Funds from affiliated companies. 

Audited, from 2013 to 2020, XX   Letter Trusted with 827 pooled fund trusts   Plan to raise trust funds: 7,561,005   100 million yuan   , of which 596.7416   hundred million yuan for Clear out others   Collective Fund Trust Plan and XX   Trust   Investments by other institutions   , causing losses to investors  69.7306  100 million yuan. 

(2)   Intentional homicide 

The defendant Dong Moumou and the victim Wang Mou are respectively XX.   Chairman and President of the Trust. 

2021  Year  1  June 6  17  At around that time, the defendant Dong Moumou, due to disagreements over business matters, in Da...   The office location of the company on Dagong Street, Xigang District, Dalian.   10th-floor elevator   At the mouth   Holding a claw hammer, he struck Wang’s head.

Department and multiple parts of the body   , causing head injury to Wang Mou,   Scarring from scalp lacerations accumulates. Total: 35.8   Centimeter   . By   Forensic examination: Wang’s head injury is consistent with blunt-force trauma; the extent of his scalp injury is classified as minor.   Grade I injury   ; its depressed skull fracture   The extent of the injury is classified as Grade I minor injury. 

(3)   ) Crime of false litigation 

2013  Year 6   Moon   The defendant, Dong Moumou, in Dalian XX   Limited investment Company (   The following is brief.    "XX Company"   ) and Dalian XY   Investment Co., Ltd. (hereinafter referred to as “XY Company”)   )   With Dalian XZ   Driving School (hereinafter referred to as “XZ”)   School  ”  ) No lending relationship has occurred.    Under the premise   , fabricating XZ   The school to XX   The company borrowed RMB 310. 0  Ten thousand yuan  、  To XY   Public    The company borrowed RMB 4,900.   A civil legal relationship involving 10,000 yuan, instructing others to act on behalf of the Dalian City Intermediate Court. Level person    file a civil lawsuit with the People's Court, demanding XZ.   The school repays the principal and interest on the loan, and... To the people    The court submitted the pre-prepared loan agreement and bank transfer check. Dedicated receipt for collection, etc.    Materials, arrange a lawyer as XZ   The school’s litigation agent participates in litigation activities, resulting in... To enable the people    The court took property preservation measures and held a trial based on a fictitious creditor-debtor relationship.   .2013    Year 8   Month,   The Dalian Intermediate People's Court issued a civil judgment.   Judgment XZ   School repayment XX The company and XY The company’s principal and interest total RMB 8,000. Over ten thousand yuan. Thereafter, XX Company and XY Company have filed an application with the Dalian Intermediate People's Court. Enforcement, seizure by the People's Court    of XZ   The school’s land use rights and other property. 

Lawyer’s Work and Views: 

This case lasted a full two years and was extremely complex. Attorney Ma Linping spent three months...   Time-based review, involving comparative searches across similar cases nationwide and retrieving selected cases relevant to the inquiry.   all applicable regulations, meticulously documented case files, completed extensive case review notes, and engaged an accountant to handle financial matters.   Conducting specialized reviews of evidence and other specific tasks to achieve precise horizontal and vertical organization and analysis of cases. 

Powerful   To maximize the protection of the defendant’s legitimate rights and interests.   , its A total of 37 have been completed.   Next meeting   Having examined the case, we have gained a thorough understanding of the defendant’s criminal conduct and the context in which the entire case unfolded; upon reviewing...   Roll  1559  Based on the book,   Submit a request to the investigating authority to obtain new evidence three times. Seek   ; and before   I met with Professor Chen Xingliang, an expert in criminal law at Peking University, to have an in-depth discussion on the laws related to criminal charges.   The issue was ultimately formulated into a rigorous and objective defense opinion, which was then submitted to the court’s panel of judges along with the allegation of intentional wrongdoing.   Expert opinion report on the crime of intentional homicide. 

During the two-day trial, through the examination of case evidence and careful scrutiny of details, fully...   We set forth our defense arguments. Among them,   The defense argument for the crime of false litigation was accepted by the judge.   Handled as not guilty; the professionalism of the evidentiary opinions regarding the crime of misappropriating trust property was recognized by the other five members.   The co-defendants and their attorneys all unanimously approved (this case is still at the second instance).   Under review ); As for being...   As for the defendant’s third charge—whether it should be classified as intentional homicide or intentional injury—the attorney representing the defendant...   It is considered a difficult issue involving a divergence between criminal law theory and criminal law practice, and the key lies in...   As to whether the defendant had the intent to kill, objectively speaking, the defendant struck the victim’s head with a hammer.   More than ten blows were struck, resulting in first-degree minor injuries. This indicates that the defendant was aware of the force behind his strikes.   There was clear inhibition, so there was no intent to kill. Therefore, he should be convicted and sentenced under the charge of intentional injury.   Penalty. Although the court of first instance did not accept the defense’s argument regarding this crime, the argument demonstrated a high level of professionalism.   It received high praise from the defendant’s family and the presiding judge. 

Attorney Ma Linping has been practicing criminal defense for 24 years.   There's plenty of time left in the year,   Always committed to major   In the research and representation of difficult and complex cases, courts issue acquittals or prosecutors withdraw charges every year.   A successful case involving the inability to afford a criminal defense. This year, Attorney Ma’s criminal defense team successfully represented the nation’s first-ever such case.   A high-profile case involving the misuse of trust assets through breach of fiduciary duty   Criminal Compliance for Environmental Pollution Crimes by Wholly-Owned Foreign Enterprises   Cases with significant influence and representativeness, such as the case involving South Korean companies in China smuggling ordinary goods, have been awarded. 

It has received full recognition from the industry and unanimous praise from public security, prosecution, and judicial authorities. 

·   Viewpoint on the Crime of Misappropriating Trust Property 

(1) The constituent elements of the crime of breach of trust in the use of entrusted property, and an analysis applied to this specific case. 

1  “Illegally using clients’ funds or other entrusted or fiduciary assets.” 

“Unauthorized” refers to the use of a client’s assets without their consent. Behavior does not mean lacking scriptural basis.   Level approval and ratification. The term “application” here.   , should include “   Mobilize   “Extract”   “,”   Active support  。  by   Under Article 185 of the Criminal Law   Article No.  1  , 2   The provision specifically addresses “misappropriation of funds and embezzlement of public funds.”   Therefore, the term “application” in this article should include, in addition to Article ___ of the Criminal Law, ...  185  Article No.   1, 2   Beyond the amount—“transfer”   Use "   Situation   In addition,   , here “   Use "   It should also include acts of disposition of property.   And. XX   Trust   The handling of assets complies with legal regulations. 

2  Determine whether the actor has “violated the duty of trust.”   The “business judgment rule” should be followed. 

The charge of breach of trust in the use of entrusted property has been established.   To be evaluated as “   Breach of fiduciary duty   Duty   As a premise   In response to this,   Of course, it should be based on the purpose of the entrusted matter.   to use as a standard for judgment,   Therefore   However, when the principal’s intent is perfectly clear, that intent should be taken as the standard.   Correct. Given that the protected legal interest of this crime is a composite one—namely, the state’s financial management order and the interests of clients—   Regarding property interests, the crime of misappropriating entrusted property not only constitutes a violation of the fiduciary relationship but also—most importantly—   Ultimately, it still needs to be reclassified as a crime that infringes upon the client’s property interests. To this end, even in specific circumstances...   Under the circumstances, if the act violates the specific intent of the principal, as long as the act does not cause any financial loss to the principal,   If there is a substantial risk of causing harm, the principal lacks a substantial interest, and thus...   Acts that constitute a breach of fiduciary duty. 

Under normal circumstances, in the context of trust asset management, the settlor, in addition to the trust... eye   and profits   In addition to matters that have relatively clear expressions of intent, regarding the specific use of trust property, it is often...   Adopting a general authorization approach—especially when the principal is a legal entity—makes it even more impossible to...   The actual meaning serves as the basis for judgment,   Therefore, it is necessary to take the principal’s presumed intention as the standard.   Right.   Therefore,   Documents such as laws, articles of association, and contracts then become important pieces of evidence for making judgments. However,   It bears repeating that such conduct must still constitute a material disadvantage to the principal.   the behavior   merely in form violates the law or the contract,   Not yet sufficient to “   Breach of fiduciary duty   Duty   Lay the foundation. Ultimately, it should still be based on the specific circumstances.   , determine whether the behavior can be performed.   For “   A trustee with comparable business judgment within the scope of routine transactions. Behavior   and is permitted. For highly specialized modern financial businesses such as trust asset management, the above-mentioned...   Substantive judgment is indispensable. 

(2)   ) XX   Comparison of Trust Collective Plan Contractual Obligations with Other Trust Contract Texts. 

Judging from the wording of the contract text, XX Trust’s pooled fund trust plans mostly employ generalized authorization.   Standard-form contract of rights. Other trust contract texts, when formulated, may adopt a consolidated approach, specifying...   The primary purpose of trust property also includes a general authorization for the use of idle funds; or adopt similar measures. 

A generalized, authorization-based statement. 

Overall, with the exception of special-purpose contracts such as single-fund trusts, which explicitly identify the trustee in their wording,   With the exception of the specific beneficiaries of the trust property, the vast majority of fund trust plans are bound by contractual obligations.   The wording will respect the trustee’s professional financial background and fully recognize their commercial discretion.   Respect—this is, in fact, also the original meaning of trust as a financial product.   , that is, “based on the recipient”   The trustor’s confidence in entrusting their legally owned property to the trustee, who will act according to the trustor’s instructions.   The willingness to be oneself   In its own name, for the benefit of the beneficiary or Specific purpose   Yes, to carry out management or   the act of disposal.” In cases not based on a specific trust purpose   Yes, such as charitable trusts or for specific projects.   In the context of financing, the contractual obligations between the principal and the trustee are typically simplified to the proper handling of funds.   Smart Use and Steady Value Growth   Therefore, it often manifests as a general authorization in standardized contracts. 

(3)   ) We object to the determination of the amount involved in the crime of breach of trust by XX Trust regarding the use of entrusted property. 

1  “Raised funds: 1131”   100 million yuan   It’s not the amount involved in the case. 

XX   As a trust institution approved by the China Banking and Insurance Regulatory Commission, the trust holds...   Issued by the Dalian Regulatory Bureau of the China Banking and Insurance Regulatory Commission The financial license issued belongs to banking.   Non-bank financial institutions approved by the China Banking and Insurance Regulatory Commission are qualified to conduct... Trust business, its trust issuance count   Securing funding through fundraising is a normal business activity. Therefore, the review... The “funds raised” mentioned in the report   RMB 113.1 billion” as the total amount of funds remitted into the 15 pooled-funds trust plans involved in the case,   Cannot naturally be regarded as the amount involved in the case.   and then use this as the standard to determine the severity of the circumstances involved.  2  “Use the new trust plan to repay the old trust assets totaling 59.67416 billion yuan.”   Not the funds involved in the case Um. 

2018  The People's Bank of China, annually,   China Banking and Insurance Regulatory Commission  、  China Certificate   Securities Regulatory Commission and State Administration of Foreign Exchange on the "Regulations on the Asset Management Industry of Financial Institutions"   Guiding Opinions on Affairs   Hereinafter referred to as the “New Regulations on Asset Management”   ) Promulgated   《New Regulations on Asset Management》   The first 

19  The clause clearly states “   Rigid redemption   For illegal operations   and set the corresponding Administrative penalty   According to     The first  19  Article (2)   ) item, in this case XX Trust The revolving issuance trust plan “raises new funds to repay old ones.”   It’s a typical case of guaranteed repayment.   Should be prohibited.   . Prior to that   , the former China Banking Regulatory Commission in 2007    The “Administrative Measures for Trust Companies” and the “Management of Collective Fund Trust Plans by Trust Companies,” promulgated in [year].     The Measures also explicitly stipulate that trust companies, when conducting their business, shall not provide investors with...     A commitment to rigid redemption. 

According to the relevant provisions of China’s current “Trust Law,” unless the trustee has violated its...   In cases where the trustee’s fiduciary duty results in loss of trust property, as a fundamental principle, the trustee shall act with good faith.   To bear the obligation to pay benefits to the beneficiary only to the extent of the property held in trust. In short,   According to the Trust Law   According to the regulations, trust companies are not unconditionally obligated to provide investors with...   Statutory “rigid redemption”   Obligation,   Meanwhile,   The practice of rigid redemption is also not prohibited by the Trust Law. 

From a temporal perspective, although the earlier “Administrative Measures for Trust Companies” and the “Trust Company…”   The "Administrative Measures for Collective Fund Trust Plans" stipulate that trust companies shall not... We must carry out rigid redemption.   However, at that time, the behavioral characteristics of rigid redemption had not yet been clearly defined, and—based on the contract text of the trust plan—   Look, XX   There is no provision between the trust and the investor regarding a “minimum return on trust funds.”   the commitment, 

From the perspective of rigid redemption types, this falls under the category of ex-post proactive repayment. The “New Regulations on Asset Management” explicitly stipulate that...   Before “raising new funds to repay old ones” is regarded as a guaranteed repayment, such behavior remains legal and is not prohibited by law. the behavior. Because   Therefore, XX   Trust from 2013 to 2020 At year-end, use the new trust plan to repay the old trust funds.  596.7416  “100 million yuan” likewise cannot be deemed as being suspected of... The crime of misappropriating entrusted property.   Amount,   The portion prior to 2018 needs to be deducted. 

(   Four   ) The amount involved should be the principal that cannot be repaid after the transition period ends, and XX   Trust 

The existing actual solvency is sufficient to cover the shortfall.   Funds for the mouth portion. 

Article 29 of the “New Regulations on Asset Management” stipulates that, in order to ensure a smooth transition, Cross, should follow “   "New and old demarcation"   The principle establishes a transition period (originally scheduled for the end of 2020, later extended to the end of 2021). ); This clause is the same as   Time regulations   ,   To continue investing in the outstanding assets of existing products.   Maintain necessary liquidity.   To maintain market stability, financial institutions can issue new products to replace existing ones, but they should strictly limit such replacements to the existing stock.   Within the overall product scale,   And compress and decrease in an orderly manner,   Prevent a cliff effect at the end of the transition period.   “Yes.” 

According to  15  An independent audit report   Individual investors in unpaid collective fund trusts   The funding portion originates entirely from the “ issued from 2018 to 2020.   Small collection   Trust products. Belongs to   Article 29 of the New Regulations on Asset Management   Trust products within the transitional period stipulated by the regulations   should be concluded during the transition period   After the closure, a final legal assessment will be conducted on it. 

Even if one considers the “Administrative Measures for Trust Companies” and the “Trust Company Collective Fund Trust Plans,”   The “Administrative Measures” and the recently issued “New Regulations on Asset Management” indicate the regulatory authorities’ stance on rigid redemption.   From the perspective of the hierarchy of normative force, the aforementioned normative documents have a lower hierarchical status.   as the “Trust Law” as a piece of legislation. Therefore, until the “Trust Law” explicitly stipulates rigid redemption as a requirement,   Under the premise of unlawful conduct and the imposition of corresponding penalties, according to normative documents with a lower level of validity. 

To determine the legal obligations of trust companies and, accordingly, hold them criminally liable for violating these obligations, and with...   The basic principle of the connection between criminal prosecution and execution is contradictory. 

And according to the review by the relevant qualification agency, XX   The trust’s current actual solvency is sufficient.   To pay the portion that remains unpaid, solely because Chairman Dong Moumou is detained in connection with an intentional homicide case.   In the detention center, discord among other shareholders caused the company to come to a standstill, which is why it hasn't...   There is repayment. 

(5) The crime of misusing entrusted property through breach of trust should be applied with caution. 

As a component of the group of breach-of-trust crimes under China’s criminal law, the crime of misappropriating entrusted property through breach of trust.   It shares common features with other crimes involving breach of trust: at its core, it involves violating fiduciary duties and causing harm.   It is an internally reciprocal relationship of trust. It also has a distinctive character compared to other crimes involving breach of trust: 

(1   ) The perpetrator is specifically defined. The perpetrator of this crime is “   Commercial banks, stock exchanges,   Futures exchanges, securities companies, futures brokerage firms, insurance companies, or other financial institutions,”   It is a typical case of corporate crime.   The general subject does not meet the subject requirements of this crime. Done. 

(  2  ) Special type of crime   Unlike Article ... of the Criminal Law.  169  Breach of Trust Damaging the Listed Company   The crime of serving the interests of the company with “   The “significant loss” outcome serves as a constitutive element for the establishment of the crime; therefore, the elements constituting this crime must...   There is no requirement for a result in the offense; from a narrow perspective, the actor has “violated the duty of trust,”   Unauthorized use of client funds or other entrusted or fiduciary assets. The act of...   , meaning it meets the requirements of this crime.   The objective composition  ；  Of course, the plot is significantly minor and does not meet the requirements of...   Cases meeting the “serious circumstances” standard   Next   Its punishability should not be affirmed. 

It is important to note that   This crime adopts a “qualitative + quantitative” approach in its legislative structure.   Adjust the severity of punishment based on the circumstances of the crime. Given the inherently expansive tendency of conduct-based offenses to broaden the scope of punishment, it is necessary...   There are limitations in terms of applicability, but the lack of corresponding judicial interpretations and guiding cases has led to... 

It is relatively difficult for practitioners to grasp, so since this crime was added by the Sixth Amendment to the Criminal Law, it has been challenging in practice.   Its application is extremely rare; some scholars vividly refer to it as a “zombie charge” (Mei Chuanqiang, Zhang Yong).   Strong, 2017   ), It is evident that this charge has failed to effectively achieve the legislator’s intended regulatory purpose, let alone...   Establish effective alignment with regulatory rules. In fact, based on searches of publicly accessible databases...   Look, there are no prior cases involving the same actor as in this case of Huaxin Trust. Therefore, regarding this crime...   Applicable—should be pondered repeatedly.   Use with caution. 

·   Viewpoint on the crime of intentional homicide: 

First, the actor’s “   “Intentional assault” does not have the subjective intent to kill.   Yes,   eye   is one   The subjective perception, judgment, and determination of the actor’s subjective intent.   Yes, it can only be based on its specific, objective facts.   Based on reality, the judgment path should follow a progression from objective to subjective. In general, it should be combined with...   Judge the intent to commit a crime from the following four aspects.   1. The cause of the case and the degree to which conflicts have escalated, under normal circumstances...   Under certain circumstances, this can affect the perpetrator’s behavior and the severity of the harm caused. 2. Conduct The weapon of choice for the perpetrator   The body part struck reflects the perpetrator’s subjective intent. 3. Apply The intensity and frequency of harmful behaviors   Furthermore, the severity of the victim’s injuries directly reflects the perpetrator’s subjective malice. Sexual size. 4. Crime   The timing, choice of location, and whether the perpetrator acted with premeditation and had a criminal motive can also reflect the act.   The intent was either to cause harm intentionally or to commit murder intentionally. 

Second, according to the relevant criminal justice interpretations, given that the crime was triggered by a civil dispute,   Combined with the comprehensive assessment of the aforementioned objective facts.   For cases of this type that are indeed difficult to determine,   In this case, it is still advisable to handle the matter as intentional injury under the principle of “doubt benefits the defendant.” According to “doubt…”   The legal principle that “in case of doubt, a decision favorable to the defendant should be made” is applied by the court on the basis of having exhausted all available evidence.   Furthermore, if reasonable doubt regarding the existence of certain key facts still cannot be ruled out, it should be handled in accordance with...   Decide based on the most favorable possibility for the defendant, and also avoid situations in criminal proceedings where evidence is not sufficiently established. 

The established facts have adverse consequences for the defendant. According to Article [Article Number] of the Criminal Procedure Law, 55  Regulations   It is stipulated that, “If there is no confession from the defendant but the evidence is indeed and sufficiently conclusive, the defendant may still be found guilty.”   Imposing a penalty. The evidence must be solid and sufficient and meet the following conditions:   …   … (three)   ) Comprehensive all   The case evidence has eliminated all reasonable doubt regarding the established facts. In this case, the defendant did not...   He confessed guilt for the crime of intentional homicide; however, based on the preceding analysis, it is determined that his actions constitute the crime of intentional injury.   It is compatible with the legal principle that “in case of doubt, a decision favorable to the defendant should be made,” thereby highlighting the fundamental principles of criminal law.   This value stance. 

Finally   , according to the Supreme People's Court in 2010   Year 2   8th of the month Day   The issued “Regarding Implementing the Policy of Leniency”   Several Opinions on the Criminal Policy of Combining Leniency and Severity,” the criminal policy of combining leniency and severity refers to “ According to the crime   Specific circumstances   Implement differentiated treatment, being lenient where leniency is appropriate.   Be strict when necessary, and combine strictness with leniency.   , fine   For those who have committed crimes, we should severely punish and isolate the very few, while educating, reforming, and rescuing the vast majority. To the greatest extent   Reduce social antagonisms, promote social harmony and stability, and safeguard the long-term peace and security of the nation. .”、“To   As for crimes triggered by the escalation of civil disputes...   …, should be given a lighter sentence as appropriate. Penalty. Supreme.   The Third Criminal Division of the People's Court on the 4th   Moon   14 days   The issued "In" Hearing cases of intentional homicide, injury, and organized crime   Effectively Implement the Criminal Policy of Combining Leniency with Strictness in Organized Crime Cases Involving Associations.   The text further points out that,   “   In practice, it is often difficult to distinguish whether some crimes resulting in death are intentional homicide or intentional injury.   Share   In making the determination, in addition to considering the tools used in the crime and the body parts targeted, In addition to making judgments on aspects such as intensity,   Also, pay attention to factors such as the causes of the crime. For cases arising from civil disputes... item, if difficult   When distinguishing between intentional homicide and intentional injury, it is generally advisable to charge the latter. Harm crime.” According to   Therefore, based on the interpretation of criminal justice and a comprehensive assessment combined with objective facts, The defendant should still be...   Driven by temporary anger, the perpetrator struck the victim with a claw hammer, ultimately causing minor injuries. The behavior is characterized as Intentional injury crime.

·   Viewpoint on the crime of false litigation: 

1. XX   The company and XZ   The contract signed between the schools is legally valid and enforceable. After trial proceedings.   Regarding the authenticity and legality of the notarized documents bearing the official seal and the signature of Zhang Moumou, these can serve as evidence to substantiate the contract.   Genuine and lawful. 

2  , from the loan agreements and other relevant evidence signed by all parties,   The actual purpose of the loan funds, The actual disbursement of the loan and other related aspects are sufficient to demonstrate that Company XX and...   XZ   There is a difference between schools. Objective and factual civil legal relationship   , a civil dispute   It cannot be treated as a criminal offense. 

3  Dalian XZ   The school is currently an asset under XX Trust Co., Ltd.   , no   It does not belong to Zhang Moumou personally, nor is it the personal asset of Dong Moumou. The procuratorate, due to the relationship between Party A and Party B, ...   The allegation that Dong Moumou personally committed the crime of filing a false lawsuit based on civil disputes and related evidence is clearly factually unfounded.    Clear   There is no legal basis for it. 

Verdict: 

The court ultimately ruled that Company XX and XZ...   The contract signed between the schools is legal.   Validly adopting the defense counsel’s argument, it is determined that Dong Moumou does not constitute the crime of filing a false lawsuit; regarding...   Crime of misappropriating entrusted property,   The court held that, according to the 2018 new asset regulations, based on financial... Market Stable considerations and the establishment of a transition period cannot serve as a basis for legalizing fund-pooling businesses; rather, they should be...   Taking into account the policy factors raised by the defense counsel as well as the inherent characteristics of the trust product, XX   Trust this   Although this operating model has not yet maximized investors’ interests, it leverages the inherent high...   Due to the high risk and high potential for profit, this crime is punishable by a fixed-term imprisonment of eight years and a fine in RMB.   500,000 yuan; regarding the charge of intentional homicide, considering the targeted areas struck and the severity of the blows, the court finds...   It constitutes the crime of intentional homicide. With the defense attorney’s efforts, the defendant also confessed fully to the details of the case.   In the event that the facts are established, the victim’s losses are actively compensated, and the act constitutes attempted crime, this offense shall be punishable by imprisonment. 

Five years’ imprisonment. Ultimately, considering multiple crimes concurrently, the court decided to impose a total sentence of 11 years’ imprisonment and a fine of RMB [amount not specified]. 

500,000 yuan. (This case is still at the second instance.)   Under review) 

Lawyer’s Case Handling Journey and Case Impact: 

Case Handling Process: