Debate on the "Elements of Criminal Constitution"

As the head of a branch of a company in Jiangsu, Zhou used the electronic seal authorized by the headquarters to issue business reports, forged the authorization letter from the headquarters, and privately borrowed money from a guarantee company in the name of the branch to repay personal debts and transferred it to other companies he operated for daily operations. Later, due to poor management, Zhou was unable to repay the debt and was charged with embezzlement of funds.

Case result: No prosecution due to doubts. The defense lawyer, based on the factual elements of the crime of embezzlement of funds, believes that this case is nominally a subsidiary of the parent company, but in essence, Zhou is personally "affiliated" with the parent company to independently carry out business. Zhou does not have the identity of the criminal subject of embezzlement of funds, and this case belongs to a civil dispute and should not be treated as a criminal case. After legal review, the procuratorate believes that there is insufficient evidence of Zhou's objective behavior and subjective intention, which does not meet the conditions for prosecution

Proxy Lawyer: Lawyer Zhang Mingzhong and Li Ying from Jiangsu South Kunlun Law Firm Contact Information: 13615271155