Recently, King&Capital Law Firm lawyer Tang Jianbin handled the Ministry of Justice legal aid case - Zheng Moumou drug trafficking death penalty review case, the Supreme People's Court revoked the first and second trial court's death sentence on the defendant Zheng Moumou, did not approve the death penalty, and changed the death penalty to a suspended sentence on Zheng Moumou.
In March 2017, Defendant Zheng Moumou asked Defendant Wen Moumou for methamphetamine for trafficking, and Wen Moumou contacted Weng Moumou to buy it. Zheng Moumou borrowed Lin Moumou and Lin's sister, Zheng's wife and sister, and other people's bank cards used to receive and pay for the purchase of drugs. 15 March, three people's name of the bank card were remitted to the purchase of drugs 80,000 yuan, 100,000 yuan, 80,000 yuan. 16 March 11:00, Zheng Moumou and Lin Moumou came to Weng Moumou's home to pick up the drugs. 12:00, the public security officers to Weng Moumou's home routine inspection, Zheng Moumou, Weng Moumou, Lin Moumou to carry out the interrogation. Weng Moumou came to deliver the drugs, so the three were arrested. Public security determined that Zheng Moumou involved in the amount of drugs methamphetamine 13 bags, net weight totalling 12961 grams. The court of first and second instance of the case ruled that Zheng Moumou constituted the crime of drug trafficking and sentenced him to immediate execution of the death penalty.
After the case entered the death penalty review stage, the defence met with the defendant and read the documents and found that the same drug transaction in this case, the upper and lower levels of the family for three levels, Zheng Moumou is only to help the third level of the actual buyer ‘Chao’ to buy drugs, the least culpable, even if it is found that the case of drug quantities are so large as to be sentenced to two death penalty immediate execution degree, should not be Zheng Moumou was sentenced to immediate execution. At the same time, between the three levels of the drug trade, Zheng Moumou's culpability is obviously smaller than the upper home Wen Moumou and upper home Weng Moumou, based on this, Zheng Moumou should not be sentenced to death immediately executed. After the discovery of the problem, the defence lawyer met with the judge several times to communicate the defence opinions, and finally the supreme people's court adopted some of the views of the defence lawyer, in view of Zheng Moumou less than the number of times of drug trafficking than wen Moumou, the amount of drug trafficking than wen Moumou, sentenced to death, may not be immediately executed.
In handling death penalty review cases legally aided by the Ministry of Justice, the aided clients often have their own special circumstances, such as financial difficulties, low levels of literacy, and a lack of legal knowledge, which leads to a low awareness of their rights and a relatively low degree of co-operation. These factors have increased the difficulty of legal aid lawyers in the process of handling cases.
Tang Jianbin in handling Zheng Moumou death penalty review legal aid case, combined with profound legal skills and rich practical experience, the case carried out in-depth and detailed analysis and research, fully excavated the favourable factors in the case, not only focusing on the citation and interpretation of the legal provisions, but also actively communicated with the assisted person, to understand the real situation of the case and favourable angle, to provide the assisted person with strong legal support. These efforts ultimately led to a fair ruling of the case in the Supreme People's Court, achieving a better defence effect of not approving the death penalty and directly commuting