Case of Illegal Business Operations: Lawyer Successfully Defends Innocence

Recently, a real case involving the crime of illegal business operations has attracted attention. A middle-aged man was investigated for illegal business operations for selling audio and video products purchased from overseas online.

Case Background:

The man was originally a senior executive in a foreign company but fell into financial difficulties due to company layoffs. To maintain his household, he began selling personal collections of audio and video products on second-hand platforms. Later, he purchased a batch of records from abroad to sell on e-commerce platforms.

Sales exceeded 700,000 yuan within six months, reaching the filing standard for the crime of illegal operation. If found guilty, one may face more than five years of fixed-term imprisonment.

Key to Defense:

1. The parties are unaware that they need to obtain an import business license for publications, which indicates a limitation in legal understanding.

2. Subjectively, the intention is not to make exorbitant profits, but rather to subsidize household expenses.

3. If the behavior has not caused serious harm to society, the principle of restraint in criminal law should apply.

4. If the conviction and punishment may lead to social issues such as family breakdown, it does not align with the concept of justice for the people.

Final result:

After multiple rounds of communication with the lawyer and the submission of a legal opinion, the procuratorate ultimately decided to return the case to the public security bureau, and the public security bureau will withdraw the case.

This case raises the thought: there are no absolute "good people" or "bad people" in criminal cases; the meaning of the law lies in rationally clarifying right and wrong, using procedures to protect everyone's legal rights. The value of a criminal lawyer lies in promoting the reduction of wrongful convictions and enhancing judicial fairness.