Recently, a complex case of disguise and concealment of proceeds of crime, represented by Mr. Zhang Sijia, was remanded for retrial by Zhongwei Intermediate People's Court of the second trial due to unclear facts and insufficient evidence.

Brief summary of the case (the facts found by the first instance judgment)

In 2019, Pei Mou (another case) falsely claimed that he could make money by placing construction vehicles or helping to purchase construction vehicles on behalf of others on construction sites, and signed a contract with others to cheat others out of their property and construction vehicles.Since January 2021, Pei Mou has entrusted Ma Mou with the sale of vehicles. Ma Mou, Xue Mou and Wang Mou through the previous Wang Mou and Li Mou contact, in Pei Mou did not provide legal and valid vehicle vouchers, after Li Mou introduction, repeatedly sold the vehicle to the acquisition of scrap Wan Mou. WanMou know that scrap vehicles need to designated places in accordance with the legal procedures for scrap recycling, it did not obtain the scrap vehicle recycling of the relevant business license, no right to recycle scrap vehicles, in order to profit from the acquisition of no legally valid formalities of the engineering car and decomposition. In the process of buying and selling, Ma Mou, Xue Mou, Wang Mou and Li Mou layer by layer pickpocketing, earning a profit from the price difference.

In June 2021, Pei avoided Ma directly contacted Wang, through Wang to sell vehicles. Wang helped Pei sell the vehicles to Wan and earned the price difference.

In the end, the vehicles purchased by Wan Mou were all broken down and sold to others in the form of scrap metal, except for the 11 vehicles seized by the public security authorities.

The first trial of all the defendants made a plea of guilty, the final acquisition of Wan Mou ranked first, sentenced to six years imprisonment and a fine of 100,000 yuan. The first trial of all the lawyers in the first trial after the plea of guilty to the facts are not defended, did not raise any objections.

After the case entered the second trial stage in 2023, Mr. Zhang Sijia accepted the commission of Wan. After reading the file and meeting with Wan, he found that the facts of the case were in dispute, the key issues were not clearly investigated, and the sentence for Wan was abnormally heavy. Subsequently, Mr. Zhang Sijia wrote an application for hearing, summarized the issues of the case, and submitted it to the judge of the second trial with the application for hearing. Then the disputed facts and the application of the law were extracted and organized and submitted to the second instance court and the Zhongwei Municipal People's Procuratorate. After ZhangShiJia lawyers unremitting efforts, the court of second instance adopted the lawyer's opinion, the case will be unclear, insufficient evidence back to the first trial, effectively safeguard the legitimate rights and interests of the parties, defending the dignity of the law.