Recently, Mr. Tang Jianbin, a senior partner of King&Capital Law Firm, handled a review case of the death penalty for drug manufacturing and received a judgment from the Supreme People's Court revoking the death penalty of defendant Zhou Moumou's immediate execution and commuting the death sentence to a suspended sentence of two years' execution. In this case, the defendant Zhou Moumou was suspected of manufacturing more than 600 kilograms of drugs (ketamine), and was sentenced to death by immediate execution in both the first and second trials.

First, the first defendant and Zhou Moumou two in the manufacture of drugs in the status, role, involved in the production of drugs and the number of times there is a huge difference, sentencing should be differentiated from the first defendant

From the criminal circumstances of the case, Zhou Moumou and the first defendant, compared to the number of times involved in the manufacture of drugs, the amount of drugs, funding, the actual share of the proceeds of the drug, as well as other accomplices and their relationship, the first defendant's status and role is much greater than Zhou Moumou. After soup Jianbin lawyer statistics, the first defendant organization involved in 9 times a total of more than 3100 kg of drugs, ZhouMouMou involved in the first 3 made a total of 600 kg of drugs, even if the two are found to be the main offender, ZhouMouMou in the joint crime actually play a role in the subjective malignant and personal danger is far smaller than the first defendant. Based on this, Tang Jianbin lawyers put forward less drug production, drug production quantity is small, the criminal status and role of the low defense.

To this problem, the supreme court in the case judgment that the first defendant and zhou moumou are the principal offender, but the first defendant organization manufacturing ketamine more than 3,100 kilograms of ketamine, trafficking in ketamine more than 80 kilograms of ketamine, zhou moumou organization to participate in the manufacture of more than 600 kilograms of ketamine, "zhou moumou manufacturing drugs in huge quantities, the crime is serious, in view of the number of times it participates in the production of drugs, the quantity is less than the first defendant And the status and role in the joint crime is smaller than the first defendant, the death penalty may not be carried out immediately", adopted the Tang Jianbin lawyer's defense.

Second, should consider another case to deal with the joint offender, equalize the whole case sentencing

On the existence of more than one defendant joint criminal death penalty review case, the judge attaches great importance to the joint offender in the joint crime actually play a role. In this case, there were many people involved, and there was a situation where some of the co-perpetrators were dealt with in separate cases. The defense of the whole case to fully read the file found than Zhou Moumou culpability of the two defendants in another case were not sentenced to death penalty for immediate execution. Based on than, Tang Jianbin lawyer put forward based on the whole case sentencing balance, not approved Zhou Moumou death penalty for immediate execution of the defense.

The supreme people's court based on the consideration of the whole case sentencing balance, will be ZhouMouMou from the death penalty for immediate execution to the death penalty suspended for two years.