Xie Guojun
Partner & Member of the Expert Advisory Committee
Director of the National Criminal Law Professional Committee
Professional Background
Bachelor of Laws, Zhongnan University of Economics and Law; Juris Master (JM), Huaqiao University. Formerly served as Team Leader of the Public Prosecution Division and Deputy Director of the Investigation Supervision Division of a municipal people’s procuratorate, and Deputy Chief Procurator of a national model people’s procuratorate. Possesses nearly 20 years of procuratorial case-handling experience, including 10 years of public prosecution trial experience at the municipal level. Has long worked on the front line of criminal case handling, having handled over a thousand cases cumulatively, and participated in guiding numerous difficult and complex cases referred for instructions by grassroots procuratorates. Has accumulated rich evidence review skills and practical courtroom advocacy techniques, and has a deep understanding of public prosecution thinking and logic. Quick-minded, with unique thoughts and insights on criminal defense. Skilled at bidirectional reasoning from both prosecution and defense perspectives to accurately establish defense strategies.
Honors&Social Appointments
In 2004, awarded Individual Third-Class Merit by a certain municipal people’s procuratorate.
In 2005, awarded Individual Third-Class Merit by a certain municipal people’s procuratorate.
In 2013, named Excellent Public Prosecutor by a certain municipal people’s procuratorate.
Standing Director of Quanzhou Association of Non-Party Intellectuals.
Practical Mentor at the School of Law, Huaqiao University.
Representative Cases
1、Case of Huang XX for smuggling ordinary goods (tax evasion of over RMB 4 million). Facing the unfavorable prospect of a possible sentence of more than 10 years’ imprisonment, the defense lawyer raised defense opinions of unit crime and accomplice, and advised the client’s family to actively disgorge illegal gains. Ultimately obtained the maximum leniency and achieved a favorable probation sentence.
2、Case of Liu XX for fundraising fraud (amount involved nearly RMB 40 million). After being approved for arrest on the charge of fundraising fraud, the client also faced a possible sentence of more than 10 years. After the defense lawyer intervened, through meetings persuaded Liu XX to truthfully explain the true destination of the funds, and raised a defense for change of charge, which was adopted. Liu XX was later prosecuted and sentenced for illegal absorption of public deposits, with a sentence of 3 years and 9 months.
3、Case of Lin XX for contract fraud (amount of RMB 1 million). After meeting the client and hearing the family’s account of the facts, the defense lawyer argued that the existing evidence could not establish that the client had the criminal intent of illegal possession of others’ property. This was accepted by the prosecutor approving arrest, and the client was not arrested on the ground of doubtful evidence.
4、Case of Huang XX for reselling cultural relics. The defense lawyer argued that the appraisal opinion on the cultural relics involved did not meet the formal requirements for appraisal. After communication with the client, the client agreed to exchange evidentiary defects for a probation sentencing recommendation. The client was not arrested and was sentenced to probation.
5、Case of Zhang XX for embezzlement (over RMB 20 million) and misappropriation of funds (over RMB 20 million). After the public security organ concluded investigation, the case was transferred for prosecution on two charges, and the client faced the dilemma of two possible sentences of more than 10 years. After accepting engagement, the defense lawyer argued from the perspectives of subjective intent and fund destination that the acts substantively constituted one crime. This was adopted, and the client was prosecuted and sentenced on one charge.
6、Case of Zhang XX for falsely issuing special VAT invoices, with tax evasion amounting to over RMB 100 million. After the lawyer intervened, discovered the circumstance of voluntary surrender and successfully changed the charge to tax evasion, and the case was later handled by non-prosecution.