On September 27, 2014 Dacheng Criminal Defense Forum: Defense for Bribery, co-hosted by Dacheng’s Professional Committee of Criminal Defense and Dacheng’s criminal defense practice, kicked off in Beijing. This is the sixth such forum hosted by Dacheng’s Professional Committee of Criminal Defense. Zhao Yunheng, director of the professional committee and head of Dacheng’s criminal defense practice, hosted the opening ceremony; Peng Xuefeng, member of the standing committee of CPPCC and chairman of Dacheng, delivered a welcoming speech; and Ma Jiangtao, vice-president of Lawyers Association of Chaoyang District, Beijing and vice-chair of Dacheng’s Standing Committee addressed the closing ceremony. Zhao Yunheng, Xu Ping and Zhai Jian acted as hosts for the forum and Professor Chen Xingliang and Professor Chen Ruihua from the School of Law of Peking University acted as commentators and summarized the entire forum.  

The forum was divided into two sessions: the morning session focused on substantive law while the afternoon session focused on procedural issues. Xu Xilong (Beijing), Sun Ruixi(Shandong Dayang Law Office), Sun Changjiang(Shenyang), Cheng An(Sichuan Zhuoan Law Office), Li Songmei(Beijing), Zhang Zhiyong(Beijing), Duan Wanjin(Xi’an), Wang Shaofeng(DeHeng Law Offices), Gong Yongmao(Ning Bo), Li Chunguang(Yunnan Ling Yun Law Firm), Pu Guiping(Urumqi), Li Shiqing(Hebei Jimin Law Firm), Xia Xuefei(Chengdu), Ma Lang(Shanghai), Jia Huiping(Shanxi Rongrong Law Firm) and Wang Guohong(Shandong Ivy Law Firm) delivered keynote speeches focusing on substantive and procedural issues such as home-related bribery, retrial of bribery cases and the exclusion of illegal evidence. The forum attracted more than 150 people from Dacheng’s headquarters and domestic offices as well as other firms in and outside Beijing. Xinhuanet.com, legaldaily.com.cn and Beijing Times reported the forum. 

As the central government’s anti-corruption campaign goes further in depth, more and more cases of bribery have been uncovered and the defense thereof becomes a new source of business. The participants had heated discussions over issues such as common bribe-taking cases, substantive defense for special types of bribe-taking, defense for bribing, difficulties in defense procedures and procedural defense for bribery cases. At the end of the forum, participants felt unanimously that the speakers’ sharing of experience and thoughts was of a high standard and the professors’ comments were thought-provoking and eye-opening. 

The participants also had in-depth discussions on types of bribery cases and the determination thereof and raised questions that were in urgent need of judicial explanations. Their discussions were reported and some were widely circulated and even hit the headline of China Mobile’s mobile newspaper, e.g., Professor Chen Xingliang from Peking University revealed that the ninth amendment of the Criminal Law would add a new charge called “cash gifts-taking” against those investing “emotionally” on government officials. Government staff could be so charged as long as he/she takes cash gifts no matter whether he/she manages to take advantage of his/her position to seek profits for others or not. Cash gifts-taking does not equal to bribe-taking and the conviction is less severe than that of bribe-taking. The creation of this charge solved the problem of whether the so-called “emotional investment” constitutes a crime. It is also reported that Professor Chen Ruihua says that the 3rd Criminal Court of the Supreme People’s Court is in the process of producing detailed provisions on the removal of illegal evidence, including those related to “repeated confession”, which means that there will be more practicable judicial explanations to apply on the issue of removal of illegal evidence. Media reports also covered attorney Xu Xilong’s speech on the determination of price of homes which were taken as bribes, attorney Gong Yongmao’s elaboration on the elements, form, redundancy and extension of illegal evidence, and attorney Sun Changjiang’s speech on how to determine the identity of government staff in State-controlled enterprises and enterprises with state participation. 

Dacheng’s Professional Committee of Criminal Defense has already held this forum for five consecutive years. By now, the forum has not only assumed influence within the firm and the legal profession, but also beyond. It broadens the horizon of the attorneys and improves their professional expertise. It has become the most influential criminal defense forum in China with its good reputation and ever-increasing brand influence.