A senior student was accused of defrauding 230,000 yuan, and lawyer Lan Xiangang's defense resulted in a non-prosecution decision.
Time:
2023-01-04
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Zhang, a senior student at a certain university, knows that only knowledge can change his destiny due to his poor family background. Therefore, he studies hard and excels in school, and is well received by teachers and students. Just as he was about to enter the society and show his talents, he was lured into a telecommunications fraud gang to engage in illegal and criminal activities due to making friends carelessly. Later, other members of the gang were arrested by the police while committing crimes. After identification, Zhang was taken away by the police from the self-study room of the school. Later, Zhang was transferred to the procuratorial organ for review and prosecution by the police for allegedly defrauding 230,000 yuan. If the crime of fraud is established, Zhang may face a criminal penalty of not less than three years but not more than ten years. Facing the current predicament, Zhang regretted it very much. If he goes to jail, not only will his ten years of hard study be in vain, but it will also have a bad impact on future generations.
Lawyer Lan Xianggeng accepted Zhang's entrustment as his defender, reviewed Zhang's case files for many times, and collected relevant evidence. He believed that Zhang did not constitute the crime of fraud, but constituted the crime of helping information network criminal activities. The penalty for this crime is fixed-term imprisonment of not more than three years. In view of Zhang's repentance and the fact that he is a college student, adhering to the legal principle of "education as the main focus and punishment as the auxiliary", he proposed a relatively non-prosecution proposal to the procuratorial organ.
After repeated communication with the procuratorial organ, the procuratorial organ finally adopted the suggestion of Lawyer Lan Xianggeng and made a decision of relative non-prosecution against Zhang for the crime of helping information network criminal activities. After receiving the decision of non-prosecution from the procuratorial organ, Zhang could not hide his excitement and was filled with emotion. This rebirth not only educated him, but also saved him. He said that he would cherish the opportunity given to him by the procuratorial organ, work hard to repay the society. At the same time, Zhang presented Lawyer Lan Xianggeng with a banner to thank him for his efforts.
Lawyer Lan Xianggeng graduated from Northwest University of Political Science and Law with a Master of Laws degree. He has been engaged in criminal law since 2011. He used to be an external teacher of Guangxi Police Academy and a resident lawyer of the Legal Service Workstation for Safeguarding the Legitimate Rights and Interests of Police Officers of Guangxi Police Association. He has rich theoretical knowledge and practical experience in criminal defense.
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