Zang Desheng, a senior partner of Beijing King&Capital Law Firm, represented the head of a private enterprise charged with organizing prostitution on appeal. After unremitting efforts, the second trial corrected the erroneous identification of the criminal group in the first trial verdict and reduced the defendant's sentence by two years.

The defendant operated a hotel company, and one of the company's departments was caught engaging in prostitution activities and entered into criminal proceedings. The case was supervised by a higher authority, with a number of defendants, and the first-instance verdict found that the defendant's actions constituted the crime of organizing prostitution, with aggravating circumstances, and that he was the primary member of the criminal group, and imposed a heavier sentence accordingly.

After the verdict of the first trial, Zang Desheng lawyer accepts the entrustment as the defendant's second trial defender. ZangDeSheng lawyer in the careful study of the case on the basis of the case does not constitute the crime of organizing prostitution, the defendant is not the primary criminal group of defense. The defendant as the legal representative of the hotel company has many business, one of the departments have illegal and criminal acts, but the relevant personnel because of the company's business activities and organized together, not in order to jointly implement the crime and the formation of a fixed criminal organization, does not comply with the criminal law on the provisions of the criminal group, the defendant is not a criminal group of the primary elements. Zang Desheng lawyers communicated with the panel many times about the legal application of the case, submitted written communication opinions before the trial, drew the attention of the second trial to several issues affecting the conviction and sentence in the case, expressed oral defense opinions in court, submitted written defense opinions and expert argumentation opinions after the trial, made systematic discussion on the relevant issues, and applied to the higher court to supervise and manage the case to ensure the correct application of the law. The second instance heard the case in court, and conducted in-depth investigations and debates on the issues in dispute.

The final judgment of the second trial adopted the lawyers' defense opinion that the case was not part of a criminal group and that the defendant was not the prime mover of the criminal group, and reduced the defendant's sentence by two years. The partial re-sentencing of the case established the rules of adjudication, which are of value for the distinction between a criminal group and an ordinary joint criminal enterprise in a class of cases, in particular the identification of a criminal group using a company as a carrier, as well as the definition of the relationship between a criminal organization in the General Provisions of the Criminal Law and an organized crime in the Sub-Provisions of the Criminal Law.