Recently, Beijing Huixiang Law Firm successfully held the “Criminal Practice Forum: Exchange of Experience in Innocence Defense” event, aiming to establish a professional dialogue platform for criminal lawyers and enhance their practical skills in innocence defense. Attorney Yang Qichen, a partner at Beijing Xinglai Law Firm, was invited to attend. Taking as an example a case in which the entrusted party was suspected of aiding the entrusting party in illegally mining beyond the authorized boundaries, yet ultimately received a decision not to prosecute, and drawing on years of experience in criminal justice and defense, I shared the core strategies and practical advice for acquittal defense—focusing on both “breaking” and “establishing” the element of subjective intent.

This event focused on key issues in criminal defense and attracted the participation of several senior lawyers from various law firms. In his presentation, Attorney Yang Qichen first briefly introduced the case background and pointed out that... The key to breaking the deadlock lies in determining subjective intent. Meanwhile, the prosecution often relies on speculative presumptive logic, so during the defense, it’s crucial to precisely deconstruct the basis of the accusations.

When discussing the determination of subjective knowledge, Attorney Yang Qichen emphasized the prudent application of presumptive rules. Using a case he had handled as an example, he pointed out that the prosecution had attempted to presume—based on the fact that the trustee company and its shareholders possessed professional qualifications—that they “knew” the client was engaged in illegal mining. However, through evidence analysis, the legal team discovered that the factual basis underlying the prosecution’s presumption was incorrect and that the presumption itself was inconsistent with the evidence on file, statutory provisions, and the actual working practices involved.

Regarding the denial of intentional wrongdoing by the co-perpetrator, Attorney Yang Qichen analyzed the legality of the client’s activities and the contents stipulated in the contract. Moreover, according to industry practice, the trustee is not required to conduct a substantive review of the legality of the areas designated by the client. Combined with the evidence presented, he pointed out that it is impossible to directly prove that the shareholders involved were aware that the relevant areas exceeded the authorized scope, and no on-site personnel reported any anomalies. Therefore, there is a lack of subjective awareness on their part. He specifically noted that... In the defense, it is necessary to distinguish the boundaries of responsibility between management personnel and frontline workers.

Regarding the selection of defense strategies, attorney Yang Qichen proposed a defense approach centered on "strengthening the doctrine of reasonable reliance." He argued that the company involved in the case conducted its operations based on its trust in the regulatory authorities' approvals, and all applications submitted by the client had been approved by the regulatory authorities. This reliance should be recognized as a valid ground for exoneration. At the same time, he suggested that in relevant cases, emphasis could be placed on establishing the evidentiary force of contractual provisions and industry practices.

Finally, Attorney Yang Qichen summarized the lessons this case offers for companies’ compliant operations, emphasizing the importance of conducting background checks on partners and ensuring effective internal information communication. He believes that, A plea of not guilty is not merely a contest of legal techniques; it also involves a deep exploration of evidence, legal nuances, and subjective states. To enhance the effectiveness of the defense, we must adopt a pragmatic approach.

The entire forum proceeded in a lively atmosphere, during which several guest speakers explored entry points for acquittal defenses from various perspectives, offering attendees valuable defense strategies for reference. As a young key member of the criminal law team, Attorney Yang Qichen’s participation demonstrates Xinglai’s commitment to practical knowledge transfer and fostering industry exchange. In the future, Xinglai Law Firm will continue to encourage lawyers to participate in various activities, constantly promoting the professional development and innovation of criminal defense.

Layout: Wang Xin

Reviewed by: Management Committee