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Zhang Kai and Li Mingzhen pleaded not guilty to obstruction of drug administration, and the husband and wife involved were both exonerated.
Released on:2025-05-26

Recently, by the Beijing King&Capital Law Firm Zhang Kai, Li Mingzhen lawyers composed of a team of defense lawyers, suspected of obstructing the drug administration of the crime of husband and wife for the defense, in the defense lawyers on the analysis of the crime and the evidence in the case of the existence of the problem of the full argument, and ultimately, the Procuratorate adopted the views of the lawyers, husband and wife are not prosecuted decision, both innocent. King&Capital lawyer's professionalism and dedication, won the family fully recognized.

First, in the face of danger, professional + efficient, won the family recognized and formally entrusted

In this case, because the husband and wife were arrested at the same time, the family to find a defense lawyer is anxious. In the first communication, the family told the defense lawyer involved in the crime may be the sale of counterfeit drugs, but just heard, did not check with the case authorities. After the preliminary understanding of the case with the family, the defense attorney believes that the family heard of the crime and the facts of the statement are not very consistent. In terms of the family's understanding of the facts, this case is suspected of selling counterfeit drugs is less likely to be suspected of the crime, more likely to be suspected of obstructing the drug administration. The sale of counterfeit medicines is a felony, with a maximum statutory penalty of death; the crime of obstructing the administration of medicines carries a lesser penalty, with a maximum statutory penalty of seven years' imprisonment. During the meeting in the detention center, it was confirmed that the case is suspected of obstructing the drug management, which confirms the previous judgment of the defense lawyer. The lawyer's professionalism and efficiency, won the family's recognition, in the first meeting after the decisive finalization of the commission.

Second, one person bail, mixed feelings

Two lawyers accept the formal commission, continuous high frequency meeting, in a short time to fully understand the facts of the case, as far as possible to collect all kinds of information and materials in favor of the people involved. In the short-term meeting, defense lawyers have preliminary judgment and opinions on the case, the first time to the investigating authorities submitted to the bail, but due to the number of people involved in this case, the investigating authorities will be detained for a period of time extended to 30 days, and in the 30th day will be the case to the procuratorate to review and approve the arrest. The two defense lawyers proposed, from the subjective not knowing that the drugs involved in the case is not obtaining drug-related approval documents for the production of drugs, the parties to the sale of drugs only for relatives and friends of the internal staff and no harmful consequences, sales amount is small, small profits, the parties to the personal danger, etc., to the procuratorate submitted to the opinion of the non-approval of the arrest. Eventually, the Procuratorate will be the wife of a person on bail. Although this result let the family a big sigh of relief, but because the man is still in custody, the two defense lawyers still do not let up, continue to work towards the goal of bail and even innocent!

Third, find the pivot point, perseverance, digging hidden favorable circumstances

The end of the review of the arrest period, formally entered the public security organs of the investigation period, the defenders from the meeting process to understand, husband and wife in the investigating authorities received a phone call to wait for the arrest, is the initiative to surrender, so in this stage focus on fixing the relevant evidence, and at the same time submitted to the necessity of detention review.

The case into the examination and prosecution, the lawyer read the file, the evidence in the case is not enough to prove that the behavior of the perpetrator is sufficient to seriously endanger human health:

1

First, from the safety and efficacy of the drug, the drug in question has a formal test mark can be found, is a reliable information to prove the safety of the drug; And all the people who ate the drug in question has never appeared any discomfort and other symptoms, to a certain extent, can also alleviate the physical discomfort, no harm to human health.

2

Second, from the application of drugs and the use of the object analysis, although the drug was labeled as critical patients, but in general, there are also a large number of ordinary people with this drug for daily maintenance, without any adverse consequences.

3

Thirdly, the test report in the case belongs to a family, without any scientific test basis, according to the conclusion is not objective and scientific.

Therefore, the defense comprehensively deconstructed the incriminating conditions from the above three aspects, arguing that the behavior of the perpetrator was “insufficient to seriously endanger human health”, and that there was no need to continue detention from the perspective of the case itself and the danger of the perpetrator. Eventually, the prosecutor was convinced that the man was released on bail pending trial and regained his freedom during the period of the prosecutor's office.

Fourth, detailed communication final non-prosecution

The two are both on bail is only a milestone, not the ultimate goal, although the case towards the final claim of non-prosecution to follow further, but the defense dare not take it lightly. After the bail, the defenders strike while the iron is hot, quickly formed the above views of a detailed written lawyer's opinion submitted to the procuratorate, and many times with the case officer to communicate, and strive for non-prosecution! In the end, the prosecutor's office adopted the lawyer's opinion, both husband and wife did not prosecute the decision, the two finally reunited with their families!

King&Capital lawyer's professionalism and dedication, as well as the judicial officer's commitment, for the client to remove the suspect's hat, won the result of innocence. King&Capital lawyers will always strive to protect the rights and freedoms of the client on the road, the pursuit of excellence, to live up to the trust!