Refined Sentencing Defense Achieves Practical Results The procuratorate's sentencing recommendation was overturned

2022 12/29

Recently, the case of Dong Xiaohua, a senior partner of Gaopeng Law Firm, and Mr. Li Dun's illegal business operation achieved good defense results, and the court ruled to reduce the sentence by one year on the basis of the sentencing recommendation of the procuratorate's guilty plea and punishment statement, which was unanimously recognized by the parties and their families.

After the Spring Festival this year, W was criminally detained on suspicion of illegal business for participating in a company's activities that disrupted the order of the financial market. On February 26, a family member of W established a client relationship with Lawyer Dong. Subsequently, Lawyer Dong and Lawyer Li carefully investigated the business information and circumstances of the suspect's company and the judgment of the co-defendant, and met with W for the first time to learn more about the case. In addition to patiently providing a lot of psychological counseling to suspects and their families, he also assisted the families in contacting the police officer in charge with a view to completing timely restitution. After the case was transferred to the procuratorate, despite repeated communication, the procurator in charge still insisted on the sentencing recommendation of three years and six months, and in order to show the client's attitude of admitting guilt and avoiding heavier sentencing recommendations, Lawyer Dong agreed to sign a plea and punishment statement. During the trial stage, Lawyer Dong took the trouble to patiently communicate with the judge on the key information points of the case and the reasons for sentencing. During the trial, Lawyer Dong closely focused on several key points affecting sentencing, elaborated on the similarities and differences between the roles of W and other co-defendants, put forward the defense's sentencing recommendations with the principle of balanced sentencing as the core, and fully explained the reasons and factual basis. After the trial, he assisted the family to voluntarily return the illegal gains and pay the fine, and obtained the support of the court, and finally the sentence was reduced to two years and six months.

In addition to the highly serious and responsible attitude of lawyers Dong and Li to the defense work, the good results of this case rely more importantly on their rich legal experience and clear grasp of legal techniques. Comprehensively use all the evidence in the case, thoroughly understand the facts of the case, and clearly present the status and role of the parties in the joint crime, so as to achieve reasonable sentencing, better protect the interests of the parties, and demonstrate the fairness and justice of the socialist legal system.


(This article is translated by software translator for reference only.)