Zhiheng News | Zhiheng Beijing and Tianjin were involved in tens of millions of cases and were exempted from punishment - the practice sharing meeting on the defense of state-owned company personnel dereliction of duty was successfully held
Clarifying the law through case studies fosters improvement, while post-event reviews in real-world scenarios hone true expertise. On August 27, 2026, the Zhiheng Beijing-Tianjin “Case Sharing Session” was successfully held in the Yongding Hall. This session focuses on the practical aspects of defending against charges of dereliction of duty involving personnel of state-owned enterprises.Specially invited: Attorney Guan Jinjun, Partner at Zhiheng Beijing.Based on a landmark case personally handled by the attorney—where the amount involved totaled RMB 18 million and ultimately resulted in exemption from criminal punishment—a comprehensive, end-to-end post‑case review was conducted, providing a practical model for Zhiheng colleagues to refine their criminal defense skills and broaden their approach to handling cases of official misconduct.
Case Review: How to Achieve “Exemption from Criminal Punishment” in a Case Involving Tens of Millions
Sharing session,Attorney Guan JinjunDrawing on a decade of experience in the procuratorial and supervisory organs, the speaker takes the “Song case—alleged dereliction of duty by a state-owned enterprise employee” as a case study to thoroughly analyze breakthrough strategies and winning tactics in the defense of official misconduct cases.
Guan Jinjun, Partner at Zhiheng Beijing
Attorney Guan Jinjun proposed"Break free from conventional thinking and use the presumption of innocence to argue for a lighter sentence."The defense philosophy of precisely deconstructing dereliction-of-duty crimes."Behavior-Outcome-Causality"the chain of logic. In response to the prosecution’s argument that “the mere commission of an act coupled with a resulting outcome constitutes a crime,” she established a four-pronged defense strategy: first, by arguing that the transfer had not been completed, thereby delineating the boundaries of liability; second, by relying on the Kingdee system and audit reports to substantiate the compliance of the review process; third, by invoking the principle of “multiple causes leading to a single effect” to sever the causal link; and fourth, by emphasizing that the issue was proactively identified and reported within 20 days, thus demonstrating minimal subjective malice.
This strategy is precisely tailored to the characteristics of negligence cases involving state-owned enterprise personnel, providing our colleagues with a replicable framework for courtroom prosecution and defense.
Attorney Guan Jinjun also shared."Expectation Management and Strong Trust-Based Collaboration"Insights from case handling. She pointed out that obtaining an acquittal in cases of official misconduct is extremely difficult, and the rationale for maintaining a defense of innocence lies in using solid legal arguments to achieve a lighter sentence or even exoneration from punishment. In this case, through an in-depth analysis of the “Handover Procedures” and the “Financial Manager Management System,” a meticulous reconstruction of the case timeline, and the continuous supplementation of new evidence at the second instance, the appellate court ultimately upheld the first-instance judgment exempting the defendant from criminal punishment, thereby securing the defendant’s release after 457 days in custody.
This outcome fully underscores the importance of coordinating a precise defense strategy with the client’s deep trust.
Mutual Learning and Mutual Inspiration: Jointly Building an Ecosystem for the Professional Growth of Criminal Justice Professionals
During the discussion session, the participating lawyers engaged in an in-depth exchange on practical challenges, including the determination of causation in dereliction-of-duty offenses and strategies for obtaining new evidence during the second-instance proceedings. In his concluding remarks, Attorney Guan Jinjun encouraged his colleagues in attendance, noting that cases of official misconduct involve complex legal relationships and are highly sensitive to criminal policy. He emphasized that defense counsel must possess a solid foundation in substantive law as well as a keen awareness of procedural law, be adept at pinpointing strategic legal avenues even in unfavorable circumstances, and, through rigorous legal argumentation and unwavering diligence, strive to achieve the most favorable resolution.
The successful hosting of this case-sharing session represents another pragmatic step taken by Zhiheng Beijing in its ongoing efforts to advance professional development. Looking ahead, Zhiheng Beijing will continue to build high-quality professional forums, regularly conduct post‑case reviews of real‑world scenarios and provide business‑skills training, with the aim of cultivating a highly qualified and specialized team of lawyers and delivering clients more superior and efficient legal services.