There is usually little controversy over the qualitative aspects of job-related crimes, and the main battlefield is in the sentencing defense, where how the defender can broaden the limited space for defense through consultation and negotiation is often at the heart of the success or failure of the case. Recently, Mr. Xu Ming received a lenient sentence in a bribery case sponsored by him. Defendant Ji Mou in the retention period has surrendered more than 6 million yuan, the case was transferred to the examination and prosecution, Xu Ming lawyers and prosecutors to carry out many rounds of communication, the amount of bribes will be reduced to less than 3 million yuan, and help to determine the special self-surrender, supplemented by attempted, refund, guilty plea, and other mitigating circumstances, and ultimately realize Ji Mou was sentenced to four years and eight months of imprisonment, the results of the "discounted "Defense success.
First, the first “discount”: the amount discounted
Ji Mou former Department of a local environmental protection department civil servants, in 2023 was retained by the supervisory organs. Supervisory authorities investigated and dealt with JiMou in office during the use of the convenience of accepting money from others bribery facts. During the period of detention, Ji's family then returned more than 6 million yuan of money on his behalf. After the case was transferred to the procuratorial authorities for examination and prosecution, Xu Ming lawyer intervened in the case, based on the information in the file, and assisted by the information outside the file, he thought that there was a problem with the amount of Ji's suspected acceptance of bribe, and the procuratorial authorities launched many rounds of communication, and finally reached an agreement that the amount of Ji's suspected acceptance of bribe was more than 2.9 million yuan, and the remaining amount was dealt with as a disciplinary payment, which achieved the case's first The first “fold”.
Second, the second “discount”: the sentence is discounted
After the realization of the amount of discount results, Xu Ming lawyer carefully study the case file, and with Ji repeated check its arrival, found that a, Ji is due to other facts to the case, after the arrival of the situation of the supervisory organs in the clues stage, but the clues ultimately did not find out, and Ji will be the same day all the facts of the crime to the supervisory organs to confess clearly, greatly saving judicial resources, confessed to the crime attitude is resolute, repentance attitude is good! , should constitute a special surrender. Secondly, Ji suspected of bribery part of the money actually did not obtain, should be an attempt. Thirdly, Ji has already refunded all the money involved in the case, including the disciplinary money as well as the attempted money, during the retention stage.
On the basis of accurately capturing the above lenient circumstances, Xu Ming lawyers exhaustively searched the case of the hosting judicial authorities, compared with the circumstances of this case, and formulated the sentencing “discount” defense goals. In the communication process, Xu Ming lawyers to the statutory mitigating, mitigating circumstances as the basis, to ji's family, life and work situation as a support, with emotion, reasoning, and won the sympathy of the prosecutor's office. Prosecutor finally put forward four years and eight months of sentencing recommendations, realize the second “discount”.
Third, the core of sentencing defense:
Precise application of the law + superb negotiation skills
In recent years, the defense of crimes, the solidification of the evidence led to the prosecution and defense negotiation lawyer negotiation chips are obviously insufficient, greatly compressed the lawyer's defense space. Xu Ming lawyers have worked in the anti-corruption department, its anti-corruption department experience internalized in the defense work skills, summed up a set of qualitative prying negotiation, quantitative landing negotiation defense method. In the final analysis, the lawyer should do a good job of reviewing the case file, accurately study the characterization of the act and the sentencing circumstances, and use the characterization of the act and the legal mitigating and lessening of punishment to pry the negotiation with the procuratorate, and then formulate a reasonable sentencing target, and reach it with superior negotiation skills. The successful practice of this defense strategy is the result of the double discount of the amount and the sentence in this case.
