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King&Capital attorneys Zhang Qiming and Xu Ming successfully defended a client who was suspected of smuggling goods prohibited by the State from being imported or exported, and was released from bail
Released on:2024-12-30

Previously, King&Capital attorneys Zhang Qiming and Xu Ming represented a client in a case of smuggling goods prohibited by the State from being imported or exported, who was released on bail pending trial. The client was suspected of the offence of smuggling goods prohibited from import and export by a local anti-smuggling bureau in criminal detention. On the day of detention, the family of the client appointed a defence lawyer, the next day, the lawyer obtained a meeting with the client to understand the case, during which he also met with the client's father to understand the situation from various sources. After the lawyer submitted two opinions on bail pending trial, the client regained his freedom. After that, the defence lawyers continued their work, and the client was successfully released from bail pending trial.

The case is a smuggling case of imported medical equipment. To constitute a crime, it requires the perpetrator to clearly recognise that the imported medical equipment is second-hand and refurbished, and still import or acquire it. In this case, first, the parties in the business process always stressed that the imported medical equipment must be brand new, and in the contract to be clearly stipulated, after the incident in the weibo and email to express shock and immediately take corrective measures; second, the parties commissioned by the agent to obtain the legal authorisation of the foreign manufacturers, but also specifically deployed a brand new equipment to make the parties to further inner conviction; third, the imported medical equipment prices in the national market, the price of medical equipment, the price of medical equipment, the price of medical equipment, the price of medical equipment, the price of medical equipment, the price of medical equipment. Medical equipment prices vary in the national market, and the price of the equipment imported in this case was within the normal range. Therefore, the defenders from the subjective intent, stressing that the person does not have the smuggling of goods prohibited by the state import and export crime of intent, the relevant views to obtain the approval of the case-handling organs.

The subjective intent in smuggling crime generally needs to be presumed through objective behaviour, which is a common point of contention in practical judgement, and is also the focus of attention of defence lawyers in handling such cases. The defence lawyers defended the subjective intent of the client from multiple perspectives, and communicated and exchanged views with the case-handling authorities on several occasions, ultimately securing acquittal for the client and realising the value of the defence work.