Lawyer Feng Wei from Gaopeng Law Firm defended accurately, and the two main criminals were acquitted
Recently,Feng Wei,a lawyer from Gaopeng Law Firm,handled a case in which Mr.Li was suspected of forging a company seal and harboring a crime.After a thorough and elaborate defense during the stages of investigation,review,prosecution,and first instance trial,the procuratorate finally withdrew the prosecution and made a decision not to prosecute.The client was acquitted.
Generally speaking,in cases involving joint crimes,it is not uncommon for the principal offender to be convicted and sentenced,and for the accessory offender to be given a lighter,mitigated,or even convicted and exempted from punishment or not prosecuted.On the contrary,it is rare for an accessory to be convicted and sentenced while the principal offender is not prosecuted.This case is a typical successful case.
On December 6,2020,Mr.Li was criminally detained on suspicion of counterfeiting company seals and harboring crimes.Entrusted by the client's family,Mr.Feng Wei began to intervene in this case at the investigation stage.There are four suspect in this case,who are suspected of joint crime.The party Li is accused of being the principal criminal.
After many interviews with the client Li and careful analysis of the case materials,lawyer Feng Wei believes that the facts of the two charges against Li are unclear and the evidence is seriously insufficient.At the same time,the issue that the act of shielding between accomplices can no longer be convicted and punished has been fully demonstrated from aspects such as criminal theory,legal application,and summary of experience in judicial practice.Therefore,despite the fact that the other three accused accomplices all pleaded guilty and punished during the review and prosecution stage,lawyer Feng Wei still firmly advocated that the charges against Li could not be established,and submitted a defense opinion to the procuratorate,always insisting on the view of innocent defense.
The case underwent two intense court sessions on May 24th and October 8th,2021.Lawyer Feng Wei provided sufficient innocent defense opinions and expressed opinions on issues related to the suspected violation of the Criminal Procedure Law and modern judicial concepts during the investigation process.The procuratorate recently withdrew its prosecution,and the court ruled to allow it to be withdrawn.Finally,the procuratorate made a decision not to prosecute,and Li was acquitted,while the other three defendants in the case were all sentenced to fixed-term imprisonment.
The outcome of a"not guilty"case is not easy to come by,and requires not only the dedicated input of lawyers,but also the special courage and wisdom of the judicial case handling organs."Suspecting a crime without punishment"is the responsibility of the spirit of rule of law.Justice not only needs to be seen,but also needs to be seen clearly."Professional supremacy,honesty first,deep cultivation of criminal debate,and upholding justice are our common principles.".
(This article is translated by software translator for reference only.)
Related recommendations
- Gaopeng Law Firm has become a specialized and innovative service station, assisting enterprises in their path of innovation
- Lawyer Chen Yan from the Hangzhou office achieved excellent results in the National Youth Lawyer Speech Competition
- Lawyer Gao Peng's article was published in Beijing Lawyer, focusing on the first AI voice infringement case in China
- Lawyer Qu Shuai was invited to share legal issues related to agriculture with the China Green Food Association