Recently, in the case of Jiang Moumou's drug manufacturing, which was handled by Mr. Tang Jianbin, a senior partner of King&Capital Law Firm, the Higher People's Court of Fujian Province revoked the judgment of the first trial that sentenced the defendant Jiang Moumou to death penalty with immediate execution, and changed the sentence to death penalty with a suspended sentence of two years' execution.
Jiang was suspected of manufacturing 495 kilograms of drugs (methcathinone) and was sentenced to death after review by the Supreme People's Court. After Tang Jianbin's defense, the Supreme People's Court did not approve the death sentence in December 2020 on the grounds of procedural violations and remanded the case to the court of second instance for retrial. After the case was remanded for retrial, Tang Jianbin continued to defend Jiang, and after unremitting efforts, the Fujian Provincial Higher People's Court ultimately revoked Jiang's death sentence for immediate execution and commuted it to a suspended sentence of two years' execution.
Weighing, sampling flaws, can confirm the amount of drugs involved in the case is significantly lower than the amount of judgment, the corresponding sentence should also be reduced
In this case, the scale used to weigh the drugs did not meet the requirements, and should be recognized according to the re-weighed data, which totaled 111.125 kg. Moreover, for the identification of the extracted samples, in 6 pots of only 1 pot of extracted samples, in 8 barrels of only 1 barrel of extracted samples, for not extracted samples of suspected drugs, because can not rule out the possibility of adulteration, etc., can not be recognized as drugs, based on this, the lawyer put forward the drug quantity of the determination of the error, can be identified in the first trial of the number of drugs significantly less than the amount of determination of the sentence should be correspondingly lowered defense Opinions.
Eventually, fujian high people's court adopted tong Jianbin lawyer's defense, considering the fairness and objectivity of the drug sampling method is doubtful, can not reflect the whole picture of the drugs involved, in accordance with the principle of benefit to the defendant, for the part of not sent to the examination is not recognized, that the sentencing is too heavy, to be corrected, jiang moumou from the death penalty for immediate execution to the death penalty suspended execution for two years.
