Xu smuggled a large amount of weapons and ammunition, and his defense in literary and artistic rights litigation reduced his sentence by one and a half years
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, Hong Kong resident Xu was hired by someone else and brought "car parts" into customs. However, during a customs inspection, it was found that the items were suspected to be firearms and ammunition. After judicial appraisal, it was determined that there were 12 air guns and 500 rounds of air gun ammunition. After Xu was detained, his family urgently came to Shenzhen to seek legal help for him, but after consulting several lawyers, they were not very satisfied. In the end, Xu's family entrusted the case to Guangdong Zhiming Law Firm, which is known for handling difficult, complex, and major cases, and earnestly requested the head of the law firm, Lawyer Wang Tengfeng, to personally appear in court for 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 lawyer Zhiming, who balanced reason and law, the court ultimately reduced Xu's sentence and sentenced him to one and a half years in prison. The sentence is much lower than the minimum statutory sentence of three years for smuggling weapons and ammunition, and Xu can be released in the near future. The defense of the litigation for safeguarding the rights of literature and art was again significantly commuted, and colleges and universities safeguarded the legitimate rights and interests of suspect.