Preface

On February 11, 2026, Ma LiXi lawyer undertook YangMouMou suspected of illegal business crime case, zhejiang province court decided to YangMouMou bail pending trial, telephone notification of lawyer bail pending trial at the same time, please lawyer conveyed to the family, so that the family to the next day to pick up the detention center. So far, was detained for more than a year and a month Yangmoumou can finally out of the detention center and family reunion! The case belongs to the doping category of illegal business crime cases in the classic cases, and the national drug control office on June 19, 2025 released the “2024 since the detection of ten typical cases of drug cases,” the sixth case of “Department of the target 2024-377” belongs to the same kind of difficulty in obtaining bail, waiting for trial, on the criminal defense lawyer's professionalism requirements are very strong. It is very difficult to obtain bail and wait for trial, which requires strong professionalism of criminal defense lawyers.

Facing a heavy sentence, it is difficult to obtain bail.

From the point of view of the amount of money involved, this case belongs to Article 225 of the Criminal Law, the crime of illegal business operation, “the circumstances are particularly serious”, facing more than five years of imprisonment and high fines. After accepting the commission, the defender first time to the detention center to meet with Yang Moumou, and contact with the judicial authorities of the case contractor. In the course of representing the case has traveled to the Procuratorate to interview the prosecutor three times, to the court to interview the judge once, countless times with all the case organizers to communicate with the case on the phone. With a number of exculpatory reasons, to the Procuratorate to put forward the non-prosecution of the lawyer's opinion, to the court of the application for bail pending trial, many times rejected, but still persistent perseverance, waiting for the flowers to blossom, can be said to be really difficult.

Practical inquiry, study the law

This kind of case is rare in judicial practice, and the reference case can be found on the official website of the Supreme People's Procuratorate, which published an article on July 6, 2021 entitled “Uncovering the Investigation Process of the First Case of Criminal Punishment for Doping in China”. The case of a biotechnology company's unlicensed production and sale of counterfeit prohibited drugs has become the first typical case of using the Interpretation on Several Issues Concerning the Application of Law to the Trial of Criminal Cases of Smuggling, Illegal Business Operation, and Illegal Use of Doping (hereinafter referred to as the “Interpretation”) issued by the Supreme People's Court in November 2019 as the basis for a criminal crackdown on doping-related cases. After accepting the commission of Yang's family, the defense began to study the relevant laws and regulations, the main points of the decision of the case, to carry out practical research work on the new type of cases.

In addition to the “Interpretation”, the advocate also conducted detailed combing and research on the “Doping Catalogue”, “Anti-Doping Regulations”, “Measures for the Import and Export Administration of Anabolic Agents and Peptide Hormones”, “Interpretation of Several Issues Concerning the Application of Laws in Handling Criminal Cases of Endangering the Safety of Pharmaceuticals” and other laws and regulations as well as judicial interpretations, and grasped a set of practical defense strategies and methods of this kind of cases.

Submission of opinions and repeated communication

Ma Lixi lawyers in different stages of the case were submitted to the Procuratorate in writing, “recommended not to prosecute the lawyer's opinion”, to the court submitted the “application for bail waiting for trial”, these opinions and applications totaling more than ten pages of nearly 10,000 words. From the “disturbing the market order” constitutive element of the lack of, does not belong to the doping criminal cases regulation category, the amount of money involved in the calculation of error, the case whether the substance is “doping” is the subject of the determination of the error from a variety of perspectives such as in-depth argumentation.

Criminal defense is not just about the opinions of lawyers, but also about the smooth and friendly communication with the contractors. Although there are still disputes between the prosecutors and defense lawyers over the characterization and sentencing, the defense lawyers' active performance and professionalism have been fully affirmed and praised by the case contractors on many occasions.

Conclusion

The handling of criminal cases involves the freedom and even the life of the client, criminal defense lawyers work more like a doctor with a scalpel, freedom is precious, life is the only one. Every case, every point of defense, every communication, every trial can not tolerate the slightest error, and must make every effort. In the handling of heavy cases, the fair enforcement of the contractor, the positive interaction between the defense lawyer and the contractor, the client's clear presentation of the objective facts, criminal policy and other indispensable factors for the effective defense of the case. The only way for a defense lawyer to know the law, smooth out the facts, and get a good defense is to go through systematic legal research, listen carefully to the client's description of the objective facts of the case, and repeatedly review the evidence in the case. In short, due diligence, multi-party cooperation, seize the opportunity to make the case can be dealt with justly, harvest rare surprises.

Translated with DeepL.com (free version)