Xu smuggled a large quantity of weapons and ammunition, and through artful litigation defense, his sentence was reduced to one and a half years.

📅 2020-09-30 📂 Classic caseClassic case 🏷️ #Criminal Defense #Art Litigation Law #Smuggling Weapons and Ammunition


 

走私武器弹药刑事辩护律师

Xu, a Hong Kong resident represented by Wang Tengfeng, director of Guangdong Zhiming Law Firm, and lawyer Cao Guanghui, was recently sentenced in the first instance for suspected smuggling of weapons and ammunition. Xu was hired to smuggle 12 air guns and 500 air gun pellets and received only a one-and-a-half-year prison term.

In 2017, Xu, a Hong Kong resident, was hired by others to carry "auto parts" through customs. During a random inspection, customs officers discovered that the items were actually suspected firearms and ammunition, later identified by forensic examination as 12 air guns and 500 air gun pellets. After Xu was detained, his family urgently came to Shenzhen seeking legal assistance. After consulting several lawyers without satisfaction, they eventually entrusted the case to Guangdong Zhiming Law Firm, known for handling difficult, complex, and major cases, and requested that the firm's director, lawyer Wang Tengfeng, personally appear in court for the defense.

Xu's smuggling of firearms and ammunition involved a large quantity, with clear facts and solid evidence. According to criminal law and the Supreme People's Court's judicial interpretation, Xu could have faced a life sentence. Even under the latest joint reply from the Supreme People's Court and the Supreme People's Procuratorate on sentencing, and considering mitigating factors such as being an accomplice and voluntary surrender, Xu's minimum sentence could have been three years or more in prison.

After accepting the case, Zhiming lawyers immediately began meticulous and thorough work. During the prosecution phase, they actively communicated with the prosecutor, convincing them that Xu not only had voluntary surrender circumstances and was an occasional, first-time, and secondary offender, but more importantly, that Xu was unaware the smuggled items were firearms and ammunition, lacking the subjective intent to smuggle weapons and ammunition. The prosecutor also expressed hope in the indictment and during the trial that the court would impose a lighter or reduced sentence on Xu. During the trial, the lawyer emphasized to the judge that if Xu had the subjective intent to smuggle a large quantity of weapons and ammunition, risking a possible life sentence for only 600 Hong Kong dollars in compensation, it would be absurd from a human nature perspective. The lawyer also explained to the judge that Xu's voluntary confession did not mean he admitted to subjective intent, but was merely out of respect for the law. The lawyer decided to base the defense primarily on a plea of innocence.

Under the strong defense of Attorney Zhiming, who balanced reason, emotion, and law, the court ultimately granted Xu a special reduction in sentence, sentencing him to one and a half years in prison. This sentence is far below the minimum statutory penalty of three years for the crime of smuggling weapons and ammunition, and Xu is expected to be released soon. The Art Litigation Law defense has once again achieved a significant sentence reduction, as the university upheld the legal rights and interests of the criminal suspect.

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