In the case of Zhao Moumou suspected of drug smuggling, Beijing King&Capital Law Firm, Tang Jianbin, Gao Yumeng lawyers with solid legal skills, accurate fact combing and professional defense strategy, successfully defended the client, and ultimately the public security organs made the decision to withdraw the case, fully safeguarded the legitimate rights and interests of the client.
In this case, Zhao Moumou is suspected of purchasing triazolam from abroad and is being investigated. As a psychotropic substance listed in China, triazolam has the dual attributes of medicine and drug, and the characterization of the case is controversial. After accepting the commission, the defense lawyer met with the client at the first time, comprehensively sorted out the facts of the case, accurately grasped the core points of contention in the case, and formed a clear hierarchy, based on the full defense ideas.
The defense lawyer pointed out that the core purpose of Zhao Moumou's purchase of the goods in question was to treat his long-term insomnia and improve the quality of his sex life with his girlfriend, and that subjectively, he always used the goods in question as medicines, with no intention of abusing drugs. To support this fact, the lawyer applied to the investigating authorities to retrieve key evidence such as the client's WeChat circle of friends records, hospital visits and payment vouchers, which corroborated the objective situation that the client has been suffering from severe insomnia and receiving drug treatment since 2018. At the same time, the number of items involved in the case is only 10 tablets, and the amount of heroin corresponding to the conversion is far from reaching the minimum quantity standard for the crime of illegal possession of drugs, and should not be convicted and punished for the crime of drug smuggling, which is of a more serious nature.
From the level of legal application, the lawyer cited the relevant provisions of Kunming Minutes and Dalian Minutes to make it clear that sending controlled psychotropic substances for legitimate medical purposes within a reasonable quantity for personal use due to the need of treatment of disease does not constitute a crime; and the drug buyer and seller do not constitute a common crime, and Zhao Moumou did not participate in smuggling, and should not be prosecuted for the crime of drug smuggling. In addition, the lawyer also combined with similar cases to argue the case processing ideas, emphasizing that zhao moumou is a first time offender, occasional offender, without any previous convictions, subjective malice small, social danger is very low, in line with the “less arrests, cautious prosecution, cautious detention” of the spirit of the criminal policy.
In the defense process, the lawyer not only submitted to the authorities detailed application for bail pending trial, not to approve the arrest opinion, but also actively communicate and coordinate, according to the law requires the authorities to fully listen to the client statement and defense opinions. In the end, the public security organs adopted all the core defense views of the defense lawyer, recognized that Zhao Moumou's behavior does not constitute a crime, according to the law to make the decision to withdraw the case, so that the client regained his freedom, and successfully retained his job and normal life.
