China: 北京铁路局局长职务犯罪案 杨大民、彭吉岳律师成功辩护一罪不起诉

Last Updated: 5 September 2019
Article by King & Capital Law Firm

近日,由北京市京都律师事务所杨大民律师、彭吉岳律师担任辩护人的,原铁道部某部主任、原北京铁路局局长涉嫌受贿罪、巨额财产来源不明罪一案,经过两位律师认真、细致地辩护,一罪不起诉,一罪获从轻量刑。

案情重大:中纪委移交最高检,最高检指定异地查办

被告人原在铁道部、北京铁路局等部门任要职,因涉嫌职务犯罪由中共中央纪律检查委员会将犯罪线索移送最高人民检察院,最高人民检察院将案件指定某省检察院异地侦办。

杨大民律师与彭吉岳律师接受委托后,立即跨越千里,投身到案件的辩护工作中去。

以少迎多:五家检察院正、副检察长及公诉科科长联合办案,京都两律师迎战

由于本案影响巨大,涉案事实时间跨度大、涉及人员多、事实情节较为复杂,办案机关极为重视,抽调五家检察院的正、副检察长、公诉科科长组成最强阵容的联合办案组。

面对如此强大攻势,杨大民律师与彭吉岳律师迎难而上,与办案人员一一细致沟通,多次表达辩护意见,对繁杂的案件事实抽丝剥茧,为取得良好的辩护效果打下了基础,同时也掌握了检察机关的指控思路。

激战法庭:连法警都对辩护律师的风采连连称赞

在涉及受贿罪部分,辩护人抓住主要矛盾,不去过多纠缠无争议事实,重点就存在争议的几笔较大金额的受贿行为展开剖析。

在证据层面,如涉及股权投资的相关款项,重点揭露被告人供述、证人证言与炒股账号开设时间不协调、炒股账号金额与言辞证据相冲突等问题,瓦解证据体系。

在实体层面,就行为人没有直接占有和使用相关钱款的情况下是否能够认定为受贿的问题,结合法理与相关判例进行深度论述。

辩护律师依据法律和证据,竭尽全力将能够成立的事实剥离到最少,将对被告人的不利因素降到最低。

开庭完毕,被告人对辩护人的工作十分认可,不禁称赞:"没想到你们工作做得这么细致,连陪同我的法警都说:你的辩护律师是哪里的,很多辩护意见太专业太细致,法庭上已经无法回应。"

辩护成效:一罪不起诉,一罪从轻处罚

针对巨额财产来源不明罪,辩护律师指出多处证据存疑或者不能排除合理怀疑,同时辩护律师也组织证据对相关事实进行了说明,最终辩护意见被检察院采纳,该罪名被不予起诉。

受贿罪虽然成立,但法院在认真考虑辩护律师意见及各种情节后,在认定涉案金额逾8000万元的情况下,判处有期徒刑。相比较而言,很多涉案金额相对更少的案件都被适用无期徒刑,如曲靖市委原副书记李云忠受贿4000余万元,山西省委原常委、原秘书长聂春玉受贿4458万元,上海市检察院原检察长陈旭受贿7423万元,均被判处无期徒刑。在此背景下,本案能取得这样的辩护效果,可谓十分不易,与辩护律师的工作认真细致、善于沟通、专业辩护完全是分不开的。

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