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Dacheng’s Client of Accused Corporate Bribery Exempt from Criminal Punishment

On July 19, 2013, Dacheng attorneys Zhao Yunheng and Jiang Yunning accepted a mandate from a Beijing-based company to act as defense attorneys for accused corporate bribery. At the time the two attorneys took the job, the case had already been transferred to court, leaving only the date of court session to be determined. In view of that, they decided to start document review without delay and get in contact with the court to prepare for the urgent and difficult case.
 
On August 2, 2013, Beijing First Intermediary People’s Court tried the case, for which the Dacheng attorneys embarked on a misdemeanor defense. They argued that since the bribe was passive in nature and should be counted as an act of extortion on the part of the bribed, the defendant should only bear limited liability.
 
On September 18, 2013, Beijing First Intermediary People’s Court, adopting the defense attorney’s opinion, exempted the accused company from criminal punishment and ordered monetary fines instead. Neither the defendant nor the prosecutor protested against the decision. The mandator and the defendant showed satisfaction with Dacheng attorneys’ work.