I. Core Defense Challenges in This Case

1. Clear factual evidence, no dispute over classification, and a high threshold for non-prosecution.

   The facts in this case are clear, the chain of evidence is complete, and the defendant has fully confessed to the conspiracy to embezzle. There is minimal room for defense regarding the characterization of the offense. Embezzlement by an employee is a crime that infringes upon corporate property rights. To seek a decision not to prosecute on discretionary grounds, it must be established that "the circumstances of the crime are minor" and that there are sufficient statutory and discretionary mitigating factors. Overall, securing such an outcome will be highly challenging.

2. Stricter standards apply for non-prosecution in cases of joint crimes involving external parties.

   The defendant is not an employee of the victim organization but an external party who colluded with internal personnel to commit embezzlement. In judicial practice, such collusion between insiders and outsiders is treated more severely; compared to cases involving only internal employees, securing a decision not to prosecute presents significantly greater challenges.

3. The victim's interests were harmed, and no letter of forgiveness was provided.

   In cases of internal corporate corruption, the victimized entity typically has a strong willingness to pursue accountability and is unlikely to issue a letter of criminal forgiveness. Without such forgiveness, establishing "minor criminal circumstances" and "no need for prosecution" requires more robust legal grounds and mitigating factors.

II. Core Contributions of Attorney Qun Heng's Defense

After accepting the engagement, Attorney Cheng Daqun willSeek a relative non-prosecutionAs the core defense objective, develop a comprehensive defense strategy centered on "minor criminal circumstances" combined with "multiple mitigating factors," and advance the non-prosecution application throughout the entire process:

1. Standardize voluntary surrender as a statutory circumstance to strengthen the legal foundation for non-prosecution.

   The attorney clearly established that the client voluntarily surrendered after being notified by phone from the public security organ and provided a full, truthful account of the facts throughout the process, thereby meeting the legal criteria for voluntary surrender. Under the Criminal Law, voluntary surrender combined with minor criminal conduct may result in exemption from punishment. This is the core statutory basis for the prosecution's decision not to prosecute. The defense opinion emphasized this factor and its applicable legal provisions.

2. Confirm full restitution and strengthen the determination of minor circumstances.

   The attorney highlighted that the client fully returned all illegal gains during the investigation phase, arguing that: the victim company's economic losses have been completely remedied, no irreversible harm to enterprise interests occurred, and social danger has been minimized—constituting a typical case of "minor criminal circumstances."

3. Advance the plea and punishment procedure, strengthen evidence of remorse.

   Assist the client in voluntarily signing the affidavit of pleading guilty and accepting punishment. Clearly convey to the prosecutor that the client sincerely regrets their actions, is a first-time offender with no prior criminal record, and poses a minimal risk of reoffending. This aligns with circumstances where non-prosecution may be granted under the leniency system for pleading guilty and accepting punishment.

4. Submit a specialized legal opinion on non-prosecution to encourage the prosecutor's office to adopt it.

   The attorney submitted a comprehensive non-prosecution defense opinion to the procuratorate, integrating case facts with applicable laws. The argument systematically demonstrated that the case met the criteria for discretionary non-prosecution under the Criminal Procedure Law, covering factual circumstances, sentencing factors, legal application, and criminal policy. After multiple discussions with the handling prosecutor, the non-prosecution recommendation was fully adopted by the procuratorate.

3. Case Resolution

The People's Procuratorate of Nanshan District, Shenzhen, after review, accepted all defense arguments. It was determined that the party committed embezzlement of office duties; however, given the minor circumstances of the crime and mitigating factors—including voluntary surrender, admission of guilt and acceptance of punishment, and full restitution—no criminal penalty is deemed necessary under the law. The final decision wasDecision on Non-Prosecution。

The individual will not face any criminal liability, will not have a criminal record, and the negative impact on their career development and personal life from criminal proceedings is minimized to the greatest extent possible.

IV. Professional Case Handling Tips

1. Even if you are not an employee, conspiring with internal staff to misuse their positions for embezzlement constitutes joint crime of occupational embezzlement. Do not engage in activities such as inflating transactions or siphoning company funds for short-term gain.

2. Embezzlement casesVoluntary Surrender + Full Restitution + Admission of Guilt and Acceptance of PunishmentThese are the three core elements for securing a decision not to prosecute. Early restitution and active cooperation during the investigation phase create the most favorable conditions for a non-prosecution decision later on.

3. The prosecution review stage is the golden window to seek a non-prosecution decision. A professional attorney can leverage precise legal arguments and effective communication with the prosecutor's office to push for a non-prosecution ruling, thereby terminating criminal proceedings entirely and avoiding a criminal record.

Consultation Guide

The Criminal Law Department of Zhejiang Qunheng Law Firm specializes in defending corporate property crimes such as embezzlement and misappropriation of funds. We serve enterprise and individual clients across Shenzhen, Hangzhou, and other regions. Our team is well-versed in key defense strategies for corporate corruption cases and non-prosecution pathways, providing comprehensive representation throughout the investigation and prosecution stages. For consultations on related criminal cases, please schedule an online appointment or visit our office.