Recently, Li Xiujuan team of lawyers for a gang-related cases, in the original first instance to money laundering was sentenced to 5 years and 6 months in prison, after unremitting efforts, the second trial stage successfully remanded for retrial, and then in the retrial stage for the person concerned to obtain a bail and ultimately obtain a suspended sentence, so that it regained freedom.

First, entrusted with the crisis, and time "race" quickly intervene in cases

This case is a provincial anti-triad office "listed" heavy downstream triad-related cases. The main culprit of the upstream is a "red pass" person who returned to the case in 2022. The defendant was accused of "laundering" up to 180 million RMB for the triad gang during his time as a project cashier. In the face of the complex background and the first-instance unfavorable situation, Li Xiujuan lawyer was entrusted with the crisis, immediately with his assistant Liu and Huang Kai lawyers together to form a defense team, scrambling to put into the appeal of the second trial defense preparation work.

Second, analysis and research, develop an effective defense strategy

The defense team in digging into the evidence, carefully read the file, many times to meet with, analysis and argumentation based on the case in the first trial in the evidence collection procedure legality, the amount of money involved in the determination of the defendant's subjectivity and other aspects of the fact that there are inconsistent with the problem. To this end, the defense team formulated a "refute the errors of the first trial verdict, to fight for the second trial - to strengthen the pre-trial 'positive interaction', relying on the facts and evidence to lay the foundation for mitigating sentencing" defense policy. Defense policy, the second trial stage of the steady progress, and strive for a breakthrough:

First, the second trial hearing. Defense lawyers believe that the second trial is very necessary. Can "avoid only trial file not trial" problem, to ensure that the trial process to the parties and the community visible way, but also conducive to the full play of the lawyer's defense function and the protection of the litigation rights of the parties. He/she timely submitted to the court "on the second trial of the opinion letter" further elaborated to prevent the occurrence of wrongful convictions, the second trial of the necessity of the trial. The lawyers' opinions were supported by the court, which determined the trial mode of the second trial, laying the foundation for comprehensively improving the quality of the case and ensuring judicial justice.

Secondly, timely and effective evidence collection, promote supplementation in favor of the parties to the collection and use of key evidence. Court centered on the trial is the review, judgment and determination of evidence. The defense team will be investigating, forensics, row as the top priority in-depth painstaking and meticulous work. At the same time also apply to the court of second instance, the Procuratorate to retrieve new evidence such as surrender, merit, etc., in order to ensure that the facts are ascertained, the evidence is recognized, the right to appeal is protected, and a fair decision is made. To provide a legal and factual basis for the promotion of subsequent sentence reduction and probation.

Third, on the basis of advocating the concept of the rule of law with the law and prosecution of positive interaction. The defense team focuses on major facts, legal application and other issues with the court, the Procuratorate in-depth communication and exchange, the establishment of positive interaction, to assist the judiciary to make the correct analysis and judgment. Such as the characterization of the crime and the quantification of money laundering amount and other issues raised by the views and recommendations of the legal and prosecutorial authorities have attracted the attention of the in-depth re-examination and adjudication.

Fourth, strengthening the defense of the whole process of basic work. Knowing the case to do deep, detailed, thorough, the content of the file in the chest. On this basis, from the procedural lawfulness, factual findings, evidence support, the first trial omission and other circumstances to form a professional and informative defense opinion in favor of the defendant in the second trial.

Fifth, to promote the second trial in accordance with the law, fair trial. The defense team was based on facts and evidence in the second trial, and showed the law by reasoning and "evidence". Promote the court to take the facts as the basis and the law as the criterion for the trial. Eventually, the court remanded the case for retrial on the grounds of unclear facts and insufficient evidence. To safeguard the legitimate rights and interests of the parties laid an important foundation.

In response to the defendant's detention status, the defense team timely put forward the review of detention necessity and the application for bail pending trial, which was supported by the court.

Third, fine, prudent, rationally safeguard the legitimate rights and interests of the client

After entering the first trial, the defense team, faced with the accusation of the prosecuting authority, put forward the question according to the facts, such as the collection of evidence in this case is illegal, and there is no trial based on the principle of evidence adjudication and other issues. Adhere to the principle of independent defense, not affected by the party's guilty plea. Prevent the lowering of evidence requirements and standards of proof due to the guilty plea of the suspect or defendant. At the same time, their own defense opinions fine evidence, so that the words are reasonable, argumentative, in accordance with the facts and the law and the state of leniency on the basis of criminal policy, put forward in favor of the defendant's conviction and sentencing opinions.

In the trial, the lawyers defended the case in a reasonable and well-documented manner, and received good results. Finally, the retrial court made a sentence of two years imprisonment, three years probation. Compared with the original judgment sentence is greatly reduced, also make the defendant regain freedom.

Perception: criminal defense lawyers, not only should have the professional spirit of defending injustice and libel, but also have excellent professional skills; effective criminal defense, not only to maintain fairness and justice as its own responsibility, but also to fully take into account the reasonable demands of the parties and the interests of the community, to achieve the organic unity of the legal effect and social effect, which is the King&Capital criminal defense of the effective criminal defense of the unswerving pursuit of the people.