Recently, King&Capital Law Firm senior partner, Mr. Tang Jianbin, in a major drug production crime case, through professional defense, for the defendant Zhu Moumou, "to assist in the arrest of accomplices" merit recognition, in the plea of guilty to determining the sentencing recommendation of eleven years and nine months on the basis of the court sentenced to nine years and six months of imprisonment, the court from a lighter sentence. The court imposed a lighter sentence of nine years and six months' imprisonment. The court reduced the defendant's sentence by two years and three months on the basis of a finding of meritorious circumstances.

Zhu Moumou was suspected of illegally producing about 3.5 tons of drug-making substances (hydroxyimine), and after Zhu Moumou pleaded guilty and admitted to punishment during the examination and prosecution stage of the case, the Procuratorate recommended a sentence of eleven years and nine months' imprisonment for him. After the case to the court trial stage, Zhu Moumou think the sentencing recommendation is too heavy, asked to hire a professional lawyer for his defense, in this case, Zhu Moumou family entrusted Tang Jianbin lawyer to represent the case.

Tang Jianbin lawyer accepted the commission by meeting with the defendant, read the case, the case for a comprehensive and detailed study, found that the case has an important merit of the circumstances are not recognized, the development of the merit of the circumstances identified as a breakthrough for a more substantial lighter sentence of the defense program.

First, the truthful account of accomplices does not belong to meritorious, to assist in the arrest of accomplices constitutes merit

The supreme people's court "on the treatment of self-surrender and meritorious specific application of law on a number of issues of interpretation" article 5 "to assist the judicial organs to apprehend other criminal suspects" is included "accomplice", should be recognized as meritorious performance.

1, the procuratorate does not recognize Zhu moumou with "assist in arresting accomplices" meritorious circumstances

Zhu moumou returned to the case, take the initiative to account for two master drug maker Zhang moumou, Chen moumou is not for the investigating authorities, and provide two master drug maker's address, willing to cooperate with the public security organs to arrest the two, and later, public security organs in accordance with the clues provided by Zhu moumou to shandong province will be Zhang moumou, Chen moumou apprehended. In the investigating authorities issued by Zhang Moumou, Chen Moumou's "to the case" clearly shows that the investigating authorities in accordance with the clues provided by Zhu Moumou arrested Zhang Moumou, Chen Moumou.

But the procuratorate that Zhu Moumou account of accomplices and provide the address of accomplices is the obligation of truthful confession, did not lead the investigating authorities to arrest the accomplices Zhang Moumou, Chen Moumou, so, do not believe that Zhu Moumou constitutes "to assist in the arrest of accomplices," meritorious.

2, Zhu moumou in the detention center through the investigators cell phone to identify Zhang moumou, Chen moumou important plot was omitted.

Tang Jianbin lawyer met with Zhu Moumou through meticulous questioning, Zhu Moumou to the investigating authorities to provide Zhang Moumou, Chen Moumou's detailed address and location, investigators in shandong arrest Zhang Moumou, Chen Moumou, but also through the cell phone to ask Zhu Moumou specific location, Zhu Moumou through the phone to guide the investigators to find Zhang Moumou, Chen Moumou. Subsequently, the investigators also twice let Zhu Moumou through the cell phone to identify Zhang Moumou and Chen Moumou photo, Zhu Moumou are cooperative to confirm. But the case file does not have the relevant material material.

3, cell phone identification should be recognized as "in accordance with the arrangements of the judicial organs, on the spot identification, identification of other criminal suspects (including accomplices)".

The Opinions on Several Specific Issues Concerning the Handling of Surrender and Merit in "V. Specific Determination of 'Assisting in the Apprehension of Other Criminal Suspects'" stipulates that "2. In accordance with the arrangement of the judicial organs, identifying and recognizing other criminal suspects (including accomplices) on the spot". Criminal suspects (including co-defendants)".

In the light of this case, Zhu Moumou in the detention center in accordance with the arrangement of the investigators, through the cell phone to identify, identify the photo of the co-defendant, is it on the spot? Can the identification of the photos sent from the cell phone be recognized as identification and recognition of the suspect? These are the key points of the determination of merit.

In this regard, Tang Jianbin lawyers believe that the investigators in the arrest of Zhang Moumou, Chen Moumou site, through the cell phone to let in the detention center Zhu Moumou identification, although the site does not have the same sex, but through the cell phone connection, it has a simultaneous space, play the same effect on the spot, in addition, the cell phone photo identification is also a legal form of identification, identification of criminal suspects, belong to the investigative organs of the flexibility of the application of identification, identification mode. Identification, so, should be based on this Zhu has meritorious performance.

4, the court decided to adopt soup Jianbin lawyer's defense, Zhu Moumou constitute assisting arrest type merit.

Tang Jianbin lawyer based on Zhu moumou in the investigator's arrangement through the cell phone photo identification Zhang moumou, Chen moumou plot, timely application to the court and the procuratorate to the investigating authorities to investigate and verify the situation, after the investigating authorities through the "information note" confirms the above plot, in the trial, the public prosecutor also approved of the lawyer on the composition of the merit of the point of view of the Tang Jianbin.

Second, with substantial truthful confession, should make more substantial leniency in sentencing.

Tang Jianbin lawyer analyzed the evidence of the whole case, found that in ZhuMouMou plead guilty to punishment before, that its production of drug production evidence is obviously insufficient. Therefore, Zhu Moumou's truthful confession not only fixed the evidence of their own crimes, but also become the identification of co-accused Zhang Moumou, Chen Moumou production of drug production of key evidence, but also the earliest evidence, belongs to the substantive meaning of the truthful confession and admission of guilt, should be in the sentence to make a more lenient punishment. This defense was also "accepted" by the court in the judgment.