Recently, Hu Rui, a lawyer from Beijing King&Capital Law Firm, undertook a public trial to pronounce judgment on a case involving a famous leading enterprise in a city. The client initially faced 14 years and 9 months of imprisonment sentencing recommendations, after Hu Rui lawyer's unremitting efforts, the final sentence was reduced by nearly half, only 8 years of imprisonment. In order to express their gratitude, the family of the client went to Beijing to send a silk banner to Mr. Hu Rui. In this case, the procuratorate and the court's acceptance and adoption of the lawyer's opinion, as well as the client and his family's recognition and praise of the lawyer, is the greatest affirmation of the lawyer's work.

　　

　　I. Case Overview and Background

　　(A) the background of the times of the enterprise black case

　　The company involved in this case is a city to iron ore resources home to the famous leading enterprises. 2000 or so, when the company was in its infancy, the social mining theft and robbery behavior, and the remote location of the mining area, relying on the police, reflecting upward and other ways to solve the problem is difficult to solve the problem in a timely and effective manner. The company recruited a large number of security guards to protect the production safety of the mine and safeguard the company's legitimate interests, which triggered a series of fights in the early days of the company's development. Subsequently, the company expanded the mining area, and the local villagers due to the demolition and relocation of compensation issues arising from disputes and conflicts.

　　Based on various reasons, this case is filed for investigation with Yang Mou, Chen Mou and dozens of other people suspected of organizing, leading and participating in the crime of triad society nature organization, crime of forced trade, crime of provoking trouble, crime of gathering people to fight, crime of intentional injury, crime of unlawful detention, crime of harboring, crime of unlawful possession of firearms.

　　(ii) Significant social impact

　　This case involves dozens of people, dozens of incidents, billions of dollars, involving a number of cities and counties. In view of the significant social impact of this case in the local area, the Provincial Public Security Bureau set up a special task force and designated it to be investigated off-site by the Public Security Bureau of a foreign city. And then, the Central Supervisory Group will be the case as a key case, to the local supervision. The city's Public Security Bureau coordinated the deployment of the city's police to handle the case, and ultimately the formation of the entire case file of nearly one hundred.

　　Second, the defense work carried out

　　(A) to be sentenced to 14 years and 9 months, in the face of danger, rapid defense work

　　In this case, Mr. Chen, the defendant represented by Mr. Hu Rui, was one of the persons in charge of recruiting security guards and handling security work of the company. Under the above special background, Chen was initially transferred to the court as the second defendant for review and prosecution, and then the prosecutor's office brought the case to the court as the third defendant, charging him with the crimes of participating in a triad organization, mobbing, provoking trouble, and harboring, and recommending a sentence of 14 years and 9 months.

　　In August 2024, Hu Rui lawyer was entrusted to accept the commission, the case has entered the trial stage, leaving the lawyer's time can not be delayed, every minute and every second is related to the fate of the client, the situation is very urgent. Hu Rui lawyer immediately went to the case to get the file, and quickly and high quality to complete all the reading work.

　　After reading the file after further analysis, Hu Rui lawyers take into account the special circumstances of this kind of cases, pre-trial communication on the characterization of the case and the direction of the sentence has a key role, then developed a defense focus on the court, and in every decision on the characterization of the case or the direction of the sentence of the key nodes, the first time with the authorities to communicate with the work of the work of the policy.

　　(B) effective defense before the court, professional opinion touches the prosecutor

　　Hu Rui lawyers in the repeated study of the evidence in this case, found that this case exists in the judicial organs of Chen's status is too high, part of the incident did not take into account the nature of self-defense and other issues. In addition, for specific cases, because of the defendant's position and other factors have been in the black part of the evaluation, and the company development process of the upper and lower levels of the relationship changes frequently, so in the specific events should strictly follow the principle of criminal law, accurately distinguish between the implementation of the offender, the abettor and the helper. And should not only Chenmou served as a leadership position, it will be in the whole case before driving, after the fact know, after the fact to calm down the behavior of the participation of the general recognized as the main offender. On the whole, the original sentencing recommendation is too heavy.

　　Hu Rui lawyer with deep professional attainments and highly responsible professionalism, through writing detailed legal opinions, face-to-face communication, etc., many times actively with the undertaking prosecutor to carry out in-depth communication, so that the public prosecution fully understand the defendant many mitigating, mitigating circumstances as well as the crime of determining the existence of the problem.

　　The contractor prosecutor recognized some of the opinions of Hu Rui's lawyers, but in view of the special background of the case, he was unable to make substantial adjustments to the sentencing at that time, but this also laid the foundation for the subsequent trial defense and effective communication.

　　Third, the results of the defense and recognized by many parties

　　(A) The final sentence was reduced by half, and the results of the defense were remarkable.

　　In the trial, facing the weak evidence of conviction in many cases, the defendants' confessions were contradictory and not corroborated by objective evidence, etc., Mr. Hu Rui closely followed the three nature of the evidence, and used the rigorous legal logic to refute many accusations made by the prosecution with sound arguments.

　　After 40 days of intense trial, the court and the prosecutor's office finally adopted Hu Rui lawyer's opinion. 2025 January 7, public trial sentencing, the party's sentence from the initial sentencing recommendation of 14 years and 9 months, down to the final verdict of 8 years, the sentence reduced by nearly half, can be said to be such a major difficult and complex cases in the rare case of successful defense.

　　(B) professionalism and dedication to win the recognition of many parties, the family went to Beijing to send a silk banner

　　This case can achieve successful defense, the key lies in Hu Rui lawyer's seriousness and responsibility, the details of the case, accurate grasp of the prosecution and the focus of the accurate judgment of the prosecution and the law, the general direction of the case of the control of the key nodes, as well as with the prosecutor's office, the court's effective communication.

　　Hu Rui lawyers actively communicate before the court, the court in accordance with the law of the defense of the way of work, not only won the contractor judge and the contractor prosecutor's respect and acceptance, but also gained the client and his family's recognition and praise.

　　After the case was declared, the case of the parties and their families on the defense of the case is very satisfied with the results, the parties' families traveled to Beijing, for Hu Rui lawyers to send a banner to express their gratitude, praised Hu Rui lawyer's professionalism and dedication. The banner said “exquisite business, gold medal lawyer; entrusted, loyal.”