Woman wrongfully imprisoned, lawyer rescues her to freedom

📅 2018-12-12 📂 Non-litigation Cases Non-litigation Cases [1] 🏷️ #WomanWronged #Lawyer #Rescue #Freedom

[1] [Lead Counsel: Wang Tengfeng, Huang Liyuan] — A Record of How Zhiming Law Firm’s Chief Counsel Wang Tengfeng Successfully Handled a Double Rare Case Involving Entrapment and Sting Operation

[2] On March 9, 2011, a Mr. Tong came to Zhiming Law Firm seeking urgent advice from Chief Counsel Wang Tengfeng: his 22-year-old daughter, Tong Xina, an employee of an electronics company in Shenzhen, had gone to Wuhan to handle a contract dispute but was detained by a branch of the XXXX Court. She was released on bail after paying a 20,000 yuan deposit. Mr. Tong believed his daughter should not be considered a criminal suspect and felt deeply wronged.

[3] After reviewing the materials, Attorney Wang learned that Tong Xina was suspected of selling counterfeit registered trademark goods. In mid-December of the previous year, a man claiming to be Liu Qiang came to Shenzhen and signed a contract with Tong Xina’s company to sell 25 computers, with delivery at a location in Hanyang District, Wuhan. The other party required Tong Xina to note “Apple” and “silkscreen” on the contract. After signing, the other party paid a 20,000 yuan deposit, with the balance due upon delivery. At the end of December, when Tong Xina arrived at the delivery location with the computers, she found it was a branch of the XXXX Court. No one came to accept the goods, and she was instead detained by the branch. After detention, Tong Xina was told that if Apple did not pursue the matter, the police would not, and she was given the phone number of an “Apple agency company.” Mr. Tong contacted the “Apple agency company,” and the person claimed that paying 57,000 yuan would resolve the issue. Why did the client require “Apple” and “silkscreen” on the contract? How did the police discover and “accurately” charge her so quickly? Who was the person from the “Apple agency company” demanding money? All signs pointed to a possible double rare case combining entrapment and a sting operation.

[4] After signing a retainer agreement with Mr. Tong, Attorney Wang, along with trainee lawyer Wang Liyuan, immediately launched an investigation. Preliminary checks revealed that the other party, Liu Qiang, and the so-called “Apple agency company” representative, Shen, were colleagues. The delivery location designated by Liu Qiang was at the XXXX Court branch, a highly coincidental situation suggesting that Liu Qiang, Shen, and others may have maliciously set a trap, posing as legitimate parties or victims to extort money—a carefully orchestrated scam! If so, Tong Xina was not a criminal but a true victim. On March 21, 2011, Attorney Wang sent a legal letter to the public security authorities, stating the facts of the case and urging them to immediately lift the improper bail for Tong Xina, declare her innocent, and protect the victim’s rights. Any economic disputes between the parties should be resolved through civil legal channels, not by the XXXX Court branch improperly intervening in economic disputes, causing the innocent to suffer while the real criminals go free. After the letter, the branch did not promptly correct its actions. Between April and May, Attorney Wang and his assistant sent further letters to the Wuhan Municipal Political and Legal Affairs Committee, the Municipal Discipline Inspection Commission, and the Provincial Public Security Department. On May 26, they personally accompanied the client to Wuhan to negotiate with the branch. After face-to-face discussions and legal reasoning, the branch finally accepted Attorney Wang’s legal opinion. On May 27, the branch issued two documents, “Changwu Gong Xing Jie Bao Zi (2011) No. 01” and “Changwu Gong Xing Tui Bao Zi (2011) No. 01,” lifting the improper bail for Tong Xina and immediately refunding the 20,000 yuan deposit. The wrongful case against Tong Xina was fully rectified. The family later expressed heartfelt gratitude!

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