Recently, Weng Xiaoping and Li Jiaxin represented an embezzlement case involving a particularly large amount of money. With professional defense strategy, meticulous evidence combing and continuous emotional support, they not only succeeded in lowering the client's sentence from more than ten years to six years, but also successfully avoided the risk of concurrent penalties for several crimes. This work is not only a legally effective defense, but also a path of redemption that provides the whole process of psychological support for the client and his family.
First, the seriousness of the case: ten years under the iron law of despair and turnaround
The client, a division-level cadre of a central-level scientific research institution, was investigated by the National Supervisory Commission (NSC) on suspicion of embezzlement. Although he voluntarily returned the stolen goods and admitted his guilt at the early stage of the investigation, the amount of money involved in the case was particularly huge, and the time involved in the case lasted for more than fifteen years, the circumstances were particularly serious, and the starting point of the legal penalty was more than ten years of imprisonment. At one point, the client was in despair, believing that he had no possibility of mitigation.
However, our team did not give up any possible opportunity. During the initial meeting, the client was emotionally devastated, and even repeatedly expressed the idea of lightening his life due to the discomfort and recurring back pain. The lawyer was keenly aware that, in addition to accurate legal defense, what the client needed more was psychological comfort and support. So, the weekly meeting has become the norm. During the meeting, the lawyer is always the first to arrive at the detention center and the last to leave. In addition to professional legal guidance, with patient listening and sincere guidance, to help the client regain the courage to face justice and life.
Second, professional breakthrough: accurate defense, step by step
1. Review and prosecution stage: Successfully preventing the addition of charges
The prosecutor's office had considered additional “disguise, concealment of proceeds of crime”, if established will lead to several crimes, the sentence will be increased significantly. After analyzing and studying the case in depth, the lawyer submitted a detailed legal opinion to the procuratorate, combining the evidence of the case and the application of the law. After many communications, the Procuratorate finally adopted the lawyer's opinion, did not add the crime, for the subsequent negotiation of the sentence laid a good foundation.
2.Trial stage: successfully exclude the new transfer of facts
Just a week before the court was about to start, the Supervisory Committee received a new report, the person concerned was questioned again. Subsequently, the Supervisory Committee transferred new facts to the court, and the case had a major change. The lawyer reacted quickly, communicated with the contractor judge for many rounds, combined with insufficient evidence, doubtful facts and other key points, and finally persuaded the court not to recognize the facts of the case, successfully avoiding further aggravation of the sentence.
3. Sentencing game: from more than ten years to six years of key breakthroughs
Although the client had signed a plea bargain, the lawyer did not stop at the established sentencing recommendations. Through repeated reading of the case file, compared with the judgment of the case, the lawyer sorted out a lot of doubtful evidence and lenient punishment, and many times with the prosecutor, the judge, and ultimately make the prosecutor's office of the sentencing recommendations down to 6-8 years. In the court, the lawyer combined with the evidence of the case, fully launched the defense, and further emphasized that the client has the self-surrender, all the return of stolen goods, plead guilty to a number of mitigating circumstances, such as mitigating punishment. Finally, the court adopted the lawyer's defense opinion, and sentenced him to a minimum term of six years' imprisonment within the range of the sentencing recommendation, realizing a substantial breakthrough in sentencing.
Third, beyond the law: the continuation of emotional support and trust
Criminal defense is not only the competition of legal technology, but also a guardianship of human nature. In this case, the lawyer not only argued in court, but also in the detention center to give the client continuous psychological support. In every meeting, the lawyer listened patiently to her fear and confusion, and helped her through the darkest time with professionalism and warmth.
The client's trust eventually transcended the case itself. The client highly recognized the lawyer's work, and also took the initiative to recommend other cases to the lawyer. This kind of heart-for-heart recognition may be more reflective of the value of defense than the numbers on the verdict.
Conclusion: the true meaning of criminal defense - in the rigid law to find the temperature of human nature
Laws are not only cold provisions, but also a measure of humanity and responsibility. From more than ten years to six years, the change is not only the result of the sentence, but also a person's belief in justice and hope for self-redemption. The effective defense of this case stems from the lawyer's accurate grasp of the evidence, a deep understanding of the law, as well as a genuine concern for the plight of the client. The significance of criminal defense lies not only in the reduction of punishment, but also in the possibility of rebirth for every lost person in the balance of law and humanity.
The realization of justice, not only need the rigidity of the law, but also need the temperature of humanity. And this is the mission of criminal defense lawyers.