尹良君

Master's degree in law from Peking University;

LL.M. from Temple University in the United States.

Mr. Yin's practice covers criminal defense, representation of crime victims, disputes in which criminal and civil issues overlap, corporate criminal risk and foreign-related legal matters. He acts for people facing criminal allegations and their families, for companies and individuals who have suffered losses through fraud or other crimes, and for foreign companies and individuals dealing with Chinese legal issues.

Having acted on both sides, he examines the facts and evidence behind an allegation while keeping in view the defendant's rights, the victim's remedies and the practical effect of criminal proceedings on a business and its assets.

His work often sits where business and criminal law meet. Recurring questions include:

- where a dispute over contract performance ends and a crime begins;

- how to distinguish civil misrepresentation from criminal fraud;

- how corporate governance affects individual criminal liability;

- how criminal proceedings affect civil rights and obligations; and

- how asset seizures and freezes interact with civil litigation and enforcement.

In each matter, he looks beyond whether an offense has been committed to the client's position, the stage of the case, the available evidence and the assets at stake, so that the options and their risks are clear.

## Working Across Languages and Jurisdictions

In Chinese criminal proceedings, only lawyers licensed in China can act as defense counsel, and foreign clients often need a Chinese lawyer who can also report to them, their families and their advisers in English. Mr. Yin works in both English and Chinese. His legal education in China and the United States, together with his experience in foreign-related matters, helps him explain Chinese law and procedure to clients with cross-border concerns.

He maintains professional relationships with lawyers outside China. Where a matter requires it, he coordinates with counsel qualified in the relevant jurisdiction and oversees their work as part of an agreed coordination role. Advice on foreign law and representation in foreign proceedings are provided by those locally qualified lawyers.

## Selected Matters

Avoiding Prosecution

Lead counsel for a technology executive at a subsidiary of a well-known Chinese internet company accused of supplying intrusion tools. The case ended in a decision not to prosecute, the release of everyone detained and the unfreezing of company and personal assets.

Lead counsel for a manager in criminal detention for alleged embezzlement and misappropriation of company funds after a complaint by a large company. Secured release on bail and a decision not to prosecute.

Lead counsel for an individual accused of "picking quarrels and provoking trouble" over a personal dispute, ending in a decision not to prosecute.

Arrest Not Approved and Release on Bail

Lead counsel for an individual detained on shifting charges, later changed to illegal business operations. Arrest was not approved and the case went no further.

Lead counsel for an employee detained in an illegal fundraising investigation. Arrest was not approved, and the client was not referred for prosecution even though other suspects were.

Lead counsel for a manager facing charges of both embezzlement and commercial bribery, securing release on bail during the investigation.

Reducing the Charges and the Sentence

Lead counsel in a fraud case in which the amount was reduced from nearly RMB 4 million to RMB 350,000, below the ten-year sentencing threshold. The result was a sentence of three years and one month.

Lead counsel in two separate gambling cases where the clients had already been arrested. Both ended in suspended sentences with no prison time.

Correcting Final Judgments

Lead counsel in the retrial of a toy wholesaler's firearms conviction carrying a final ten-year sentence. The sentence was reduced below the statutory minimum to time served, with the approval of the Supreme People's Court.

Lead counsel in the retrial of a bank guarantee dispute over a forged company seal, following prosecutorial supervision. The final judgment on a loan of about RMB 4 million was overturned and spending restrictions on the legal representative were lifted.

Acting for Victims of Crime

Lead counsel for a defrauded company at prosecution review and trial, resulting in the defendant's conviction for contract fraud.

Lead counsel for a defrauded company in a loan fraud complaint, leading to the suspect's criminal detention and the recovery of funds.

Foreign-related Disputes

Lead counsel for a company against a foreign national living abroad, overcoming cross-border service of court documents. The court confirmed termination of a contract disrupted by the pandemic and ordered a refund of the deposit, rent and related fees.

Other Complex Criminal Cases

Lead counsel in an alleged organized crime case with multiple charges, including illegal detention, forced trading and illegal mining. Separated the client's actual role from the allegations against the organization.

Lead counsel in a further organized crime prosecution.

Lead counsel in an alleged forced trading case, distinguishing a commercial conflict of interest from the use of coercion.

Deputy Director of the firm's Criminal–Civil Disputes Department；

Member of the Criminal Law Research Committee of the Beijing Haidian District Lawyers Association