Recently, a case of smuggling of ordinary goods and articles undertaken by Beijing King&Capital Law Firm's Xu Wei team of lawyers was defended by the defense, and the court of first instance finally mitigated the punishment of the defendant and sentenced him to one year and six months of imprisonment and two years of probation.

The case was a gang smuggling computer case, the value of the goods involved was particularly huge, amounting to about 90 million, and was listed as one of the top ten typical cases of smuggling in 2023 by a provincial capital, and was reported by CCTV several times.

The parties were divided into separate cases, and the tax payable on the part of the case involved was so huge that they might be sentenced to imprisonment of more than three years and less than ten years. At the prosecutor's office stage, the defenders suggested that the case-handling authorities should not prosecute the person concerned. The case-handling authorities recognized the circumstances of self-surrender put forward by the defenders, but they were doubtful about another major meritorious circumstance, and even thought that it did not constitute general merit, because the person concerned was not a criminal suspect when he reported or denounced the criminal acts of other people, so that the element of identity for merit was not available. The defense does not agree with this view, and sorted out the relevant reasons submitted to the authorities, and finally the procuratorial organs that constitute general merit, does not constitute a major merit and prosecuted to the court.

Because of the general merit of the circumstances found wrong, so did not sign the plea and acceptance of punishment and did not take the initiative to refund the fine, illegal income and back taxes, the defense believes that even if there is a downgrading of the circumstances of the party is still at risk of facing the actual sentence. At the first trial stage, the defense communicated with the authorities and the client, and eventually the client took the initiative to pay a portion of the tax, and the authorities reduced the fine by 400,000 RMB and applied probation.

The result of the first trial with the expected gap, slightly regrettable, but also to avoid the occurrence of the risk of the party's real sentence, the defense through their own professional knowledge of the case, to maximize the protection of the legitimate rights and interests of the parties.