ZHOU Jincai

Senior Equity Partner

Offices:

Beijing 

Phone:

13501101846

Language:

Mandarin

Practices:

Commercial Crime Defense and Prevention Business Center 

Resume Download

Professional Fields:

Criminal Defense, Cross-border Civil & Criminal Matters, Criminal Accusations, Criminal Compliance

Education:

1996.07-2000.07 Jilin University, Law, LL.B.

2005.07-2007.07 China University of Political Science and Law, Criminal Law, LL.M.

Social Titles

  1. Practical Mentor for Juris Master, Law School of Renmin University of China
  2. Deputy Director, Criminal Procedure Law Professional Committee, Beijing Lawyers Association
  3. Member and Deputy Director, 11th Commercial Crime Prevention and Defense Professional Committee, Beijing Lawyers Association
  4. Member and Deputy Director, Commercial Crime Prevention and Defense Professional Committee, Beijing Lawyers Association
  5. Deputy Director, Commercial Crime Research Center, Beijing Enterprise Legal System and Development Research Association
  6. Member, Criminal Law Research Society, Chaoyang District Lawyers Association, Beijing
  7. Member, Legal Daily’s Lawyer Expert Database

Representative Cases

Major Corporate Crime Cases:

  1. Case of Mr. Hou, Chairman of Henan Wankelai Co., Ltd., involving Illegal Occupation of Farmland, False Declaration of Registered Capital, and Contract Fraud (Attracted attention from top-level central leadership; after three defense proceedings, all three charges were ultimately dismissed);
  2. Case of Man Zengzhi, Chairman of Shandong Dezhou Toucan Industry & Trade Co., Ltd., successively accused of Contract Fraud, Fraud, Obtaining Loans by Deception, and Illegal Absorption of Public Deposits (After four defense proceedings, the entire case resulted in a not-guilty verdict; selected as the top entry in the 2019 “National Top Ten Classic Not-Guilty Defense Cases”).

Major Duty Crime Cases:

  1. Bribery case of a Vice President of a provincial branch of China Construction Bank (amount involved over 300 million RMB);
  2. Bribery case involving a County Party Committee Secretary of Jilin Province (amount involved particularly huge);
  3. Case of a person in charge of the legal affairs section of a prison in the Inner Mongolia Autonomous Region involving Abuse of Power for Commutation (A lead assigned by the Central Office for Combating Organized Crime, involving Xu Huhe, former Director of the Department of Justice of Inner Mongolia Autonomous Region, dubbed the “Inner Mongolia version of the Sun Xiaoguo case”);
  4. Bribery case of Fan within a series of cases related to the General Office of the CPC Central Committee (The supervision commission did not recognize voluntary surrender; after effective defense, the judicial authority recognized the defendant’s voluntary surrender and applied a suspended sentence);
  5. Bribery case of Zhang within a series of massive bribery cases involving a Municipal Party Committee Secretary of Hebei Province (The prosecution recommended a maximum sentence of 14 years; first instance reduced the sentence to 9 years).

Major Organized Crime and Evil Forces Cases:

  1. Case of Wang et al. (30 individuals) from Tangshan City, Hebei Province, accused of organizing, leading, and participating in organized crime (the second phase of the “Tangshan Barbecue Restaurant Assault Case”) has drawn widespread public attention; during the review and prosecution stage, the entire case was declassified from organized crime charges, with some charges and facts reduced. The case remains under investigation;
  2. Case of Nie et al. (20 individuals) involving organizing, leading, and participating in a organized crime Organization, Falsely Issuing VAT Special Invoices, Forcing Transactions, Arson, Intentional Destruction of Property, Picking Quarrels and Provoking Trouble, Theft, Concealing and Intentionally Destroying Accounting Documents, and Illegal Detention (Successfully removed the “organized crime” designation during the review and prosecution stage; not guilty verdicts for Falsely Issuing VAT Special Invoices, Forcing Transactions, Concealing and Intentionally Destroying Accounting Documents and Ledgers at first instance; second instance remanded for retrial);
  3. Case of Jin et al. (12 Individuals) involving Illegal Detention, Picking Quarrels and Provoking Trouble, Extortion, and Operating Gambling Dens (Crimes involving Evil Forces) (Second instance hearing held, and the entire case was amended on appeal).

Major Financial Crime Cases:

  1. Job Encroachment case of Yuan, Head of Fixed Income Department Bond Sales Department of a Shanghai securities company, Accused ofEmbezzlement (Alleged to have inflated transactions for profit; case supervised by the Ministry of Public Security, jurisdiction designated; breakthrough meeting during investigation stage; sentence matched the actual detention time served);
  2. Case of Wu, President of a Beijing investment consulting company, involving Illegal Absorption of Public Deposits and Fundraising Fraud (Not guilty verdict for Fundraising Fraud; total sentence reduced from 16 years imprisonment in the original trial to 7 years imprisonment).

Major Smuggling Crime Cases:

  1. Case of Xu, Shareholder of a Beijing import-export company, involving Smuggling Goods and Articles prohibited from import and export by the State (Jointly supervised by the General Administration of Customs, the Ministry of Public Security, and the former General Administration of Quality Supervision, Inspection and Quarantine; the defendant was released on bail pending trial and exempted from criminal punishment at first instance).

Other Major Cases:

  1. Fraud case of Zhong et al. handled in Zhejiang (Cross-border fraud case involving the use of virtual currency exchanges, with numerous individuals implicated and exceptionally large sums involved; Zhong was originally listed as the “No. 2” figure; but after defense, status changed from principal offender to accessory, sentence reduced from originally proposed over 10 years to 3 years and 6 months);
  2. Illegal Detention case of Lin, Actual Controller of a well-known real estate enterprise in a certain area of Hebei, (Due to online public opinion attention, instructed by the main leading comrade of the local Municipal Party Committee, extraterritorial jurisdiction, designated residence surveillance; after defense, arrest was not approved, and bail has been granted);
  3. Dangerous Driving case of Jin, Judicial staff member from Jilin, (Extraterritorial jurisdiction; after defense, the procuratorate decided not to prosecute due to insufficient evidence; defendant not guilty).

Honors

  1. “2023 Who’s Who Adviser Handbook” by the UK authoritative legal media Corporate INTL
ZHOU Jincai

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