Qi Xiaoling, senior partner of King&Capital Law Firm, acted on behalf of the chief of the public security management brigade of a district public security bureau in a city in the northeast of China, who was charged with the crimes of selling counterfeit and shoddy products and accepting bribes. According to the Indictment, only the crime of selling counterfeit and shoddy products would be sentenced to at least 15 years of imprisonment, and was sentenced to two years and four months of imprisonment, and was sentenced to the crime of accepting bribes (which was sentenced to one year and two months of imprisonment), which was punished by concurrent punishment. The final decision was to carry out three years of imprisonment.

This case was initially a case of criminal offense assigned to the jurisdiction of the District Supervisory Committee by the Municipal Supervisory Committee, which had a significant impact in the local area. The defendant Zheng was detained for five and a half months by the District Supervisory Committee on suspicion of accepting bribes, and the Supervisory Committee found in the course of the investigation that he was also suspected of the crime of selling counterfeit and shoddy products, the Municipal Supervisory Committee transferred the case to the Municipal Public Security Bureau, which in turn assigned the case to the jurisdiction of a county public security bureau. The county public security bureau after investigation that Zheng Mou to captive domestic pork posing as forest free-range mountain pork to be sold, the sales amount of more than 2.78 million yuan.

According to article 140 of the criminal law, the sale of shoddy products amounting to more than two million yuan, shall be sentenced to fifteen years imprisonment or life imprisonment. It can be seen that the statutory penalty for this crime is heavy, is beyond the common sense and cognitive scope of many people. It can be said that, in judicial practice, the amount of sales (note that not the amount of profit) is very easy to reach two million, and almost absolute certainty of fifteen years or life imprisonment sentence is often with the actual social harm of the behavior does not match. Because of the crime of “substandard” lack of clear identification standards, judicial practice is difficult to define the object of its behavior is an administrative violation of defective products or criminal prosecution of shoddy goods, resulting in administrative violations or civil fraud into the criminal sphere in practice is not uncommon, and to be matched with a heavy sentence leads to the crime of criminal responsibility and punishment are not Therefore, the crime constitutes unclear elements, criminal accountability is too large scope of the problem should be caused by the legislative and judicial level attaches great importance to.

Because of more production, sales of shoddy goods class of criminal cases, qi xiaoling lawyers have a wealth of experience in handling such cases, know the breakthroughs in the defense of this type of cases. After accepting the commission, through careful study of the case, decided to establish the crime and the amount of sales from the two paths to start the defense work. Fortunately, from the first contact with the contractor prosecutor, nearly two hours of face-to-face communication, to fully elucidate the point of view, and obtain the recognition and respect of the prosecutor, for the subsequent defense work to achieve significant results laid a solid foundation.

The defense work in this case lasted more than nine months, did a lot of meticulous work, provided hundreds of witnesses, and finally succeeded in persuading the prosecuting authorities to reduce the amount of the alleged sales from 2.78 million yuan to 320,000 yuan, and the sentence was then reduced from 15 years or life imprisonment to 2 to 7 years of imprisonment, and in the absence of self-surrender, meritorious and other circumstances of sentencing, and finally close to the lower limit of two years and four months, after full efforts to fight for a sentence. The lower limit was sentenced to two years and four months, and the actual implementation of three years of imprisonment with the crime of bribery, the fine was also reduced by more than one million yuan. Thus, the defense work was successfully completed, the defense won the party and the family's affirmation and praise.

This case is particularly admirable is the undertaking prosecutor's professionalism and commitment, she was under great pressure from the Supervisory Commission, but it is because of selflessness, dare to strictly adhere to the bottom line of evidence, impartial case. “The law, the end of the rule of law”, the rule of law on the road of every ray of light, need to every legal person's common perseverance.