Victory for GroupHeng | In a case involving 掩隐 (concealing criminal proceeds) worth 300 million RMB with a prior record of aiding information network criminal activities, our lawyer's precise defense secured the client's release on bail.
Intro
The case involved over 300 million yuan in illegal proceeds, upstream crimes tied to hard-to-trace offshore gambling sites, the suspect's initial concealment of key facts upon arrest, and a prior criminal conviction for aiding information network criminal activities—factors that seemingly ruled out bail eligibility. After police successfully apprehended the suspect during a coordinated crackdown and formally recommended detention due to these aggravating circumstances, our firm's attorney Wang Yihu and intern lawyer Qiu Qiyang swiftly intervened. Within a tight timeframe, they guided the client to return illicit gains, fully confess all criminal acts, and express willingness to accept punishment. This strategic approach ultimately persuaded prosecutors to decline the detention request, securing the client's release on bail.
Case Summary
Suspect Liu 某某 has been criminally detained by the Gongshu Branch of the Hangzhou Public Security Bureau for suspected concealment and harboring of criminal proceeds. Investigation revealed that the upstream source was an overseas gambling website, and the upstream criminals are located abroad, making their apprehension difficult. The amount of criminal proceeds concealed or harbored by Liu 某某 reached over 300 ten thousand yuan, meeting the threshold for "serious circumstances."
After Liu 某某 was arrested, he initially failed to fully confess all criminal facts and concealed part of the operating amounts and related criminal activities. Following a coordinated crackdown that led to the arrest of multiple suspects, authorities determined not to grant Liu 某某 bail pending trial and referred the case to the Gongshu District People's Procuratorate of Hangzhou for review of arrest approval.
It has been established that Liu 某某 was previously criminally punished for the crime of aiding information network criminal activities (commonly known as "bangxin"), making them a person with a prior criminal record. This significantly increases the difficulty of granting bail pending trial.
Case Challenges
Defense in this case faces multiple adverse factors, making bail pending trial extremely difficult:
First, the involved amount is substantial, meeting the "serious circumstances" threshold.The amount of money concealed or disguised by Liu 某某 in the case reached over 300 million yuan. According to the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Concealing or Disguising Criminal Proceeds and Their Benefits," a concealed or disguised amount exceeding 500,000 yuan, combined with specific circumstances, constitutes "serious circumstances." The涉案 amount of over 300 million yuan in this case far exceeds this threshold, resulting in a higher statutory sentencing range. Consequently, judicial authorities typically exercise greater caution when considering arrest decisions.
Second, upstream crimes are difficult to detect, increasing the pressure on case classification.The upstream entity in this case is an overseas gambling website, and the perpetrators are located abroad, making it difficult to apprehend them. When the criminal chain between upstream and downstream actors is incomplete, judicial authorities tend to impose stricter penalties on downstream offenses and apply more rigorous standards for granting bail pending trial.
Third, the suspect has a prior conviction for aiding and abetting criminal information activities, significantly increasing the risk of arrest.Under Article 81 of the Criminal Procedure Law, if there is evidence of a crime and the person may be sentenced to imprisonment or more, and they have previously committed an intentional crime, arrest is mandatory. Liu 某某 has prior criminal records for aiding information network activities. If deemed to have "previously committed an intentional crime," they face mandatory arrest with virtually no chance of release on bail.
Fourth, the suspect failed to truthfully confess all facts during the initial stage after being brought to justice.When Liu 某某 was apprehended, he concealed some operational amounts and related criminal facts, failing to fully confess at the earliest opportunity. This conduct not only affected the determination of his truthful confession but also influenced the judicial authorities' assessment of his attitude toward admitting guilt.
Fifth, public security authorities have launched a coordinated crackdown and determined that bail will not be granted.This case involves the simultaneous arrest of multiple suspects by the public security authority. Prior to requesting an arrest warrant, the investigative agency had already determined that Liu 某某 would not be granted bail pending trial. Given this unfavorable decision, defense efforts must focus on the critical "golden window" for review during the arrest approval phase, aiming to persuade the procuratorate against issuing the arrest warrant—a timeframe that is extremely limited.
Professional Response
(1) Emergency consultation: comprehensively understand the case and develop a defense strategy
After the case was submitted to the procuratorate for arrest review, Attorney Wang Yihu met with the client immediately. He comprehensively gathered key facts, including the circumstances of the offense, involved amounts, fund flows, and the client's level of participation. Special attention was paid to verifying the specifics of the client's prior conviction for providing assistance in information network criminal activities, its relationship to the current case, and the client's statements after being brought to justice. Through this meeting, the defense team identified that although the case presents significant challenges regarding the amount involved and the client's criminal record, the actual profit gained by the client was minimal and their subjective malice was limited. This creates an opportunity to argue against the approval of the arrest.
(2) Guide the party to truthfully confess and seek recognition of a voluntary surrender.
Given the initial disadvantage of the client's failure to fully disclose all facts upon arrival, defense counsel explained the relevant legal provisions during their meeting and emphasized the importance of truthful confession in seeking lenient treatment. Under the lawyer's patient guidance, the client fully recognized the legal consequences of concealing facts and expressed willingness to truthfully confess all criminal acts while actively cooperating with the judicial authorities' investigation.
(3) Guide parties to voluntarily return illegal gains, demonstrating remorse through action.
Under the guidance of legal counsel, Liu 某某 voluntarily returned all illegal gains (less than {10,000 yuan) and took concrete action to remedy the harm caused by the offense. This act of returning illicit proceeds demonstrates the defendant's sincere remorse and willingness to assume legal responsibility, serving as a significant discretionary factor for the prosecution in determining whether to seek arrest.
(4) Submit a legal opinion to the procuratorate requesting non-approval of arrest, systematically addressing each statutory condition for arrest.
After the case was submitted to the procuratorate for arrest approval, defense counsel promptly filed the power of attorney and submitted a detailed "Legal Opinion on Non-Approval of Arrest" to the handling prosecutor. The opinion analyzed the arrest criteria under Article 81 of the Criminal Procedure Law, focusing on the following aspects:
Risk assessment for potential commission of new offenses.The defendant is a first-time offender. Although the prior conviction for assisting information network criminal activities involves an intentional offense, it is not directly related to this case and has been fully served. The current incident resulted from a lack of legal awareness. Since the incident, the defendant has deeply recognized the illegality of their actions, demonstrated genuine remorse, and no longer possesses the subjective intent or objective conditions to reoffend.
Argument regarding "concrete danger to national security, public safety, or social order."This case involves an economic crime, not a violent one. The defendant has committed no acts or demonstrated any intent to endanger public safety, and thus poses no such real-world risk.
Argument regarding "potential destruction or forgery of evidence, interference with witness testimony, or collusion."Evidence in this case has been largely secured. The parties' household registration and permanent residence are fixed, family relationships are stable, and there is no motive or opportunity to flee, collude, or destroy evidence. Changing the coercive measure to release on bail pending trial will not hinder the normal progression of judicial proceedings.
Argument regarding the potential for retaliation against victims, whistleblowers, or complainants.This case does not involve this scenario.
Argument regarding "attempted suicide or escape."The individual has a stable family, fixed housing, and shows no signs or means of suicide or escape.
(5) Strengthen willingness to plead guilty and accept punishment to establish grounds for non-prosecution.
Defense counsel guides the client to voluntarily express willingness to accept prosecution and punishment to the prosecutor during the interrogation at the procuratorate, acknowledging voluntary acceptance of judicial penalties. By highlighting factors such as full restitution and truthful confession of all criminal facts, the counsel presents a sincere attitude of remorse to the procuratorate, laying a factual basis for applying the leniency system for pleading guilty and accepting punishment, and seeking a decision not to approve arrest.
Case Outcome
After reviewing the entire case, evidence, and defense arguments, the Gongshu District People's Procuratorate of Hangzhou City adopted the core defense arguments presented by the defense counsel and, in accordance with the law, made a decision regarding Liu 某某.Warrant deniedThe decision was made. The public security authorities immediately changed the coercive measure to bail pending trial, allowing the individual to leave the detention center and reunite with their family.
Despite multiple adverse factors—including a case value exceeding 300 ten thousand yuan, the suspect's prior conviction for aiding information network criminal activities, and the police department's explicit refusal to grant bail—our defense counsel's precise intervention and effective advocacy during the arrest review stage successfully reversed the case trajectory, securing temporary release on bail for the client.
Typical significance
(I) Defense Perspective: A Practical Model of "Golden Rescue" During the Arrest Review Stage
This case demonstrates how defense attorneys can seize the critical "golden window" during the arrest review phase—even after police have denied bail—to secure a non-arrest decision. Through a strategic combination of emergency client meetings, guiding asset restitution and truthful confession, submitting legal memoranda, and effective communication with prosecutors, the team maximized favorable circumstances within a limited timeframe to successfully persuade the procuratorate to decline the arrest. This offers valuable guidance for defendants and their families facing similar challenges.
(II) Strategic Level: Breakthrough Paths for Bail Pending Trial Under Prior Conviction Backgrounds
Applicants with prior criminal records face a significant legal hurdle when seeking bail pending trial due to the statutory ground of "intentional commission of a prior crime." The breakthrough in this case lies in leveraging multiple mitigating factors—such as restitution, full confession, and acceptance of guilt and punishment—to demonstrate to the prosecution that, despite the applicant's history, they have genuinely repented for the current offense, actively made amends, and pose no risk of reoffending. This establishes an exception within the statutory requirement for arrest, allowing for the possibility of non-detention.
(III) Social Level: Criminal Risk Warning for Concealing and Hiding Crimes
The crime of concealing or disguising criminal proceeds is a common downstream offense linked to upstream crimes such as telecom fraud. Under the latest judicial interpretations by the Supreme People's Court and the Supreme People's Procuratorate, possessing criminal proceeds or their gains totaling over 500,000 yuan, along with specific aggravating circumstances, constitutes "serious circumstances." Even if profits are minimal, involvement in cases with substantial amounts still carries significant criminal prosecution risks. This case serves as a warning: do not engage in illegal activities for minor gains. If you become involved, seek professional legal representation immediately to secure the best possible defense opportunity.
Handling Attorney:
Lawyer Wang Yihu: Phone 18857129945
Cybercrime Defense Attorney
Areas of Expertise
New Criminal Defense: Computer Crimes, Virtual Currency-Related Crimes, Cyber Crimes, and Emerging Fraud Cases.
Defense in cases involving pornography and gambling: Operating physical casinos, operating online casinos, the crime of gambling, organizing prostitution, assisting in organizing prostitution, and inducing, sheltering, or introducing prostitution (chat operators), among others.
About Me: Passed the National Judicial Examination in 2012 9, and has been a member of Cheng Daqun's Criminal Defense Team since 2024, specializing in criminal defense. Skilled in securing bail, arguing for non-prosecution, and obtaining suspended sentences. Familiar with the procedures of public security, prosecution, and judicial organs; communicates efficiently with case-handling authorities and precisely identifies key breakthrough points in cases. Logical reasoningClear and detail-oriented, identifying key defense points to maximize the protection of clients' rights and interests.
Qiu Qiyang
Areas of Expertise: Criminal Defense in Pharmaceutical and Food Intellectual Property
Qiu Qiyang has handled numerous criminal cases in patent agency qualification processing. With solid expertise in document drafting, evidence organization, and legal research, he has earned the trust and recognition of clients through his meticulous and rigorous work ethic.