Woman wrongfully imprisoned, lawyer rescues her to freedom
Lead Counsel:Lawyers— A Record of Zhiming InstituteLawyersThe full story of successfully representing a case involving both a set-up trap and entrapment by law enforcement.
On March 9, 2011, a Mr. Tong came to Zhiming Law Firm specifically because of its reputation.LawyersI need to consult about an urgent matter: his 22-year-old daughter, Tong × Na, an employee of an electronics company in Shenzhen, went to Wuhan to negotiate a contract dispute, but was detained by the XX Branch of the XXXX Court. She has now paid a 20,000 yuan bail and been released on bail pending trial. Mr. Tong believes that his daughter should never have been treated as a criminal suspect and feels deeply wronged.
After reviewing his materials,LawyersIt was learned that Tong × Na is suspected of the crime of selling goods with counterfeit registered trademarks. In mid-December last year, a man claiming to be Liu Qiang went to Shenzhen and signed a contract with the company where Tong × Na worked to purchase 25 computers, with the delivery location set at a place in Hanyang District, Wuhan City, Hubei Province. The other party required Tong × Na to note the words "Apple" and "silk-screen printing" on the contract. After the contract was signed, the other party paid a deposit of 20,000 yuan, with the remaining balance to be settled upon delivery. At the end of December that year, when Tong × Na arrived at the delivery location with the computers, she discovered that the place was the XX Branch of the XXXX Court, and no one came to sign for the goods. Instead, she was detained by that branch. After being detained, Tong × Na was told that if Apple Inc. did not pursue the matter, then the police would not pursue it either, and she was given the phone number of the "Apple agency company." After learning of this, Mr. Tong called the people at the "Apple agency company," who claimed that if he paid their company 57,000 yuan, the matter would be dropped. Why did the client require the words "Apple" and "silk-screen printing" to be added to the contract? How did the police discover the case and "accurately" convict within such a short time? And who was the person from the "Apple agency company" demanding money? All signs suggest that this is likely a double-edged bizarre case combining a setup trap and entrapment-style law enforcement.
LawyersAfter signing the engagement contract with Mr. Tong, I immediately launched an investigation together with intern lawyer Wang Liyuan. Preliminary verification revealed that Liu Qiang, the counterparty to the contract, and Shen, who claimed to be an "Apple Inc. agent," were so-called colleagues. The delivery location designated by Liu Qiang was also at the XX Sub-branch of the XX Court of the People's Court, a coincidence so peculiar that it strongly suggests Liu Qiang, Shen, and others maliciously set a trap, posing as seemingly lawful victims in an attempt to defraud money—a meticulously orchestrated scam! If so, Tong X Na is not a criminal offender but a genuine victim. On March 21, 2011,LawyersIn accordance with the law and based on the facts, a "Lawyer's Letter" was issued to the public security organ, stating the truth of the case and urging it to immediately lift the improper compulsory measure of bail pending trial imposed on Tong × Na, declare her innocent, and protect the lawful rights and interests of the victim. As for any economic disputes between the parties, they should be left to be lawfully pursued through civil legal channels by both sides, rather than allowing the XX Branch of the XX Court to improperly intervene in economic disputes, causing the innocent to suffer injustice while the real criminals remain at large. After the letter was issued, the XX Branch of the XX Court failed to make timely corrections. Between April and May,LawyersThe assistant again sent official letters to the Political and Legal Affairs Commission of XX City and the Municipal Commission for Discipline Inspection, as well as a letter to the Provincial Public Security Department for negotiation. On May 26, he personally, accompanied by his assistant and the client, went to Wuhan to negotiate with the XX Branch of the XXXX Court. After face-to-face negotiation and reasoned argument, the branch finally accepted the...Lawyerslegal opinion. On May 27, the sub-bureau issued two documents in succession, namely "Changwu Gong Xing Jie Bao Zi (2011) No. 01" and "Changwu Gong Xing Tui Bao Zi (2011) No. 01", lifting the improper compulsory measure of bail pending trial imposed on Tong × Na, and immediately refunded the 20,000 yuan bail deposit. The wrongful case against Tong × Na was finally completely corrected. Afterwards, the family members expressed their heartfelt gratitude!
