Recently, Mr. Weng Xiaoping and Ms. Wang Xiaoli of King&Capital Law Firm acted as the defenders of a cadre suspected of accepting bribes.

Under the unfavorable conditions that the procuratorate clearly recommended a fixed term of imprisonment, and local cases of the same type have never been applied to probation, Weng Xiaoping and Wang Xiaoli successfully persuaded the court to adopt the defense opinions through refined and systematic defense work, and the court finally sentenced the person concerned to three years' fixed term of imprisonment and four years' probation, and this case has successfully harvested the probation results.

On the day the sentence was pronounced, the client was released and returned home, meeting his family in the eighth month after he left home, and the case also became the first case of the same kind in the region where probation was applied.

In the field of criminal defense, the direction of each case is related to the life trajectory of the client and the fate of the family, especially in the case of office crimes, which particularly tests the professional skills and strategic wisdom of the lawyer team.

01

Case Review: Pressure and Turnaround

This case is suspected of accepting bribes was investigated, although the case has a number of legal mitigating circumstances, and the defense also submitted a detailed legal opinion to the contractor prosecutor, but the procuratorate in the comprehensive consideration of the facts of the crime, the amount of identity and position and other factors, on the one hand, the work of the defense expressed full support and affirmation, on the other hand, but also in the prosecution put forward the sentencing recommendations of the actual penalty, did not recommend the application of probation. On the other hand, the prosecution still made a recommendation for the imposition of a real sentence, without recommending the application of a suspended sentence.

This recommendation means that, without the continued intervention of an effective defense, the person concerned will almost certainly face the sentence of imprisonment, which may have an irreversible impact on his personal, family life and even social relations.

The defenders realized the special and challenging nature of this case: how to find and consolidate the solid foundation stone of “leniency” and strive for the most favorable outcome in the case where the person concerned has already admitted guilt and punishment and the sentencing recommendation is already clear? This requires not only in-depth excavation of the circumstances of the case, but also a precise grasp of the judicial policy, a thorough study of the rules of adjudication of similar cases, as well as the establishment of professional, rational, and trustful communication with the case-handling authorities.

02

Defense History:

Systematization and Precision Breakthrough

In the face of challenges, the defenders established a three-dimensional defense strategy and launched a high-intensity, systematic work to make breakthroughs one by one in the following areas:

Strengthening the basic plot, comprehensively presenting the facts of leniency

Accurately carry out searches to provide reference support for adjudication

Multi-layered construction of the defense, to achieve effective professional communication

Through the above interlocking and progressive systematic work, the defense successfully contributed to the transformation of the case from “sentencing recommendation” to “four years' probation”. This process fully demonstrates the key role of systematic and precise defense in breaking through expectations and striving for justice in individual cases.

03

Review

The successful outcome of the case, the team is deeply gratified, but also bring the defense of many beyond the value of the case to think:

First, professionalism is the foundation of defense work. In the context of the system of “leniency in plea bargaining”, the defense work is not simply to agree, but to deepen in the direction of ‘refinement’ and “precision”.

Secondly, the sense of responsibility is the kernel of driving all the work. From the National Day holiday, to the rest of the day to work overtime, the lawyer team always put the freedom and future of the client in the first place. This sense of responsibility is not only reflected in the investment of time and energy, but also in the examination of every detail of the evidence and the rigorous attitude of weighing every legal document.

Finally, good synergy is a key part of success. A satisfactory judgment is the result of the combined efforts of many parties, inseparable from the parties and their families, inseparable from the reliable partners, but also inseparable from the responsible, warm case officers, the undertaking prosecutor, the judge's professionalism, dedication, so that we can see the rigidity of the law, and at the same time feel the temperature of the judiciary.

This case, as the first breakthrough of probation sentence in similar cases in the region, is not only significant in that it has won the opportunity for the parties to reform themselves, but also in that it has verified with successful practice that in the case of plea bargaining, through specialized and precise defense, it is still able to open up a space for the realization of justice in individual cases. It highlights the unique value of criminal defense lawyers in the judicial system - we are not only the firm defender of the legitimate rights and interests of the parties, but also an important participant in assisting the judiciary to make accurate decisions.

It is from the recognition of this value and the firm belief in the indispensable role of lawyers in the process of rule of law that supports the defenders to go all out in every case and constantly explore the boundaries of professional competence. This confidence prompts the team of lawyers to continue to improve, and is committed to providing the most powerful and effective legal services to the clients at every critical moment concerning freedom and the future, and contributing the wisdom and strength from the perspective of the defense to the justice and progress.

Translated with DeepL.com (free version)