Recently, Mr. Liu Chang and Mr. Zhu Kun of King&Capital Law Firm handled a case of sabotage of production and operation. The indictment alleged that the defendant, for his own personal purposes, organized his staff to sabotage the production and operation of the victimized unit in a variety of ways for more than three months, causing losses to the victimized unit totalling more than 14 million yuan. In view of the fact that the defendant was the manager of the production department of the victimized unit, the public prosecution did not identify the defendant as an accessory.

The defense of this case has two major difficulties:

First, the victim unit reported large losses and intense emotions, the victim unit also filed a civil lawsuit, strongly requesting the court to punish the defendant severely;

Secondly, this case destroys the production and operation of long time, the number of participants, the defendant as the production manager, the determination of accessory difficulty.

Liu Chang, Zhu Kun lawyers by reading and meeting, understand the defendant's behavior in this case is “for a reason”, and is willing to within the scope of their own ability to the victim unit to be appropriate compensation. Liu Chang, Zhu Kun lawyers first of all on the “indictment” in the “amount of crime” raised objections, pointed out that the victim unit reported losses, the vast majority of indirect losses, direct losses of only more than 200 million yuan. This view was recognized by the prosecution and the court. Secondly, Liu Chang, Zhu Kun lawyers in consultation with the defendant and his family agreed, and the victim unit for a number of communication, and finally reached a settlement of 330,000 yuan, the victim unit to the court issued a “criminal understanding” and withdrew the incidental civil litigation, which solved the defendant and his family's “worries”. Finally, Liu Chang, Zhu Kun lawyers to the court, although the defendant is the production manager, but all of its behavior is basically in the co-defendant GaoMou (the original victim unit leader) arrangements, authorization and instructions, comprehensive consideration of the defendant in the joint criminal status, role, should be found that the defendant is an accessory. Eventually, the court adopted Liu Chang, Zhu Kun lawyer's defense, the defendant's accessory status.

The court of first instance synthesized the whole case, in the “three years or more than seven years of imprisonment” on the basis of the penalty, combined with the defendant to refund the understanding, accessory and other sentencing circumstances, finally decided to mitigate the punishment of the defendant, sentenced to imprisonment for one year and three months. At the time of the first-instance judgment, the defendant had been detained for more than one year and two months, basically belonging to the “actual expenses”. The defendant has now been released and reunited with his family.