Why does criminal defense need a "finishing touch"?

Xiao Wenbin: Lawyer in major and important cases of fraud crimes and economic crimes, deputy director of Guangqiang Institute and director of fraud and crime defense and research center (has undertaken many cases reported by CCTV, the Ministry of Public Security, the Supreme People's Procuratorate, the Supreme People's Procuratorate, or designated jurisdiction)

——Strive to achieve the ultimate professionalism in the field of fraud crime and economic crime case defense

The author once mentioned in the article "The "Little Li Flying Knife" of Criminal Defense - The Key to Criminal Defense is to Grasp the Main Points" that "in the process of handling criminal cases, especially in the process of court debate, grasping the main points and saying the main points in a simple and concise manner are the two key skills", of which saying the main points in a simple and simple way is the "finishing touch" in criminal defense.

In the process of criminal defense, what leads to the reversal of the case situation and the strong revision of the sentence (including the verdict of innocence) is often one of the key points, a sentence, and this key point is expressed through a sentence that is simple and easy to understand, often pointing directly to the hearts of the people and shaking the overall situation. The lethality of this sentence is like "small Li flying knife, a knife fatal", which is the "finishing touch" in criminal defense.

This is the case in which the author once handled the innocence of a CCTV program host, Fang X, who was suspected of contract fraud. On the one hand, the author discusses that Mr. Fang has the sincerity and behavior of actively performing the contract objectively, and subjectively has no purpose of illegally occupying the property of others, which does not meet the constituent elements of the crime of contract fraud. On the other hand, the author further points out that based on common sense, I would like to ask "will a person who so-called 'defrauded' the other party's 1 million advertising advance payment spend nearly 6.52 million yuan to perform the advertising contract signed with the other party"? It was this question, which was in line with the common sense of life, that led to the local procuratorate's very resolute decision not to prosecute.

Wang Silu, a well-known criminal defense lawyer, once pointed out the error alleged in the procuratorate's "Indictment" in court during the handling of a major contract fraud case: "After the company involved in the case picked up the goods, it resold this batch of fuel oil at a high price to the power plant, earning more than 100,000 yuan in profits, the company involved in the case supplied according to the contract, the power plant paid according to the contract, the business has been completed, or is it said that it has no ability to perform?" It is like saying that a person is married and has children, and saying that he is not fertile. "In the end the case was acquitted by the court.

Zhu Mingyong, a well-known lawyer, in Zhangjiagang, handled a case in which a procuratorate changed the indictment charge to the crime of selling counterfeit and shoddy products, and in the face of the procuratorate's accusations, Zhu Mingyong pointed out in court: "The indictment accuses the defendant of "filling the truth with falsehood and shoddy", and the defender has previously confirmed that toluene belongs to a kind of aromatic hydrocarbons, and the product itself is a real toluene, although the sales contract is marked with aromatic hydrocarbons, but toluene is aromatics, and the products involved in the case have been identified as qualified products, so where is the "fake" product sold by the defendant? Where is the "secondary"? For a simple example, toluene and aromatic hydrocarbons are like the relationship between apples and fruits, the purchased toluene is sold as aromatics, when it is sold, it is said to be aromatics, just like pulling a cart of apples to sell, selling when saying that it is fruit, after the buyer buys it, does the seller establish the crime of selling counterfeit and inferior products? The case went through twists and turns, and finally the provincial leaders looked at the "apple fruit statement" and felt very passive, and the local procuratorate finally made a decision not to prosecute.

The issue of the application of law in criminal cases is often abstract and boring, outsiders look at the flowers in the fog, and insiders also feel boring and boring, at this time it is necessary to refine the key points of the case in depth and in a simple way, a vivid image of the metaphor, a common sense of the question, will analyze the key points of the case crystal clear, both inside and outside.