I. Case Review



   On February 27, 2002, a Hong Kong friend of Sun XX, a suspect in this case from Hong Kong's New Territories, called him and suggested they go into the electronics business (parallel goods trading). The friend, A Jin, asked Sun XX to accompany him to Guangzhou to meet someone. After arriving in Guangzhou, they discussed the business with this individual, and A Jin then gave Sun XX's phone number to this Guangzhou contact. On March 3, the Guangzhou contact called Sun XX, asking him to come to Guangzhou for a meeting. Around 3:00 PM that day, Sun XX arrived in Guangzhou, and they met at the entrance of a restaurant. The discussion covered the model numbers and quantities of a batch of DVD electronic components. The Guangzhou contact instructed Sun XX to deliver the goods to Shenzhen and hand them over to A Jin by March 15. However, by March 15, the Guangzhou contact had not contacted Sun XX. On March 27, 2002, Sun XX was criminally detained by the Shenzhen court on suspicion of involvement in a "drug trafficking syndicate" case.



2. Lawyer Assistance

    

3. On March 30, 2002, Sun XX's wife, Li XX, sought out Wang Tengfeng, the head lawyer of Guangdong Zhiming Law Firm, and entrusted Lawyer Wang to provide legal assistance to Sun XX, including filing appeals, appearing in court for defense, and conducting investigations and evidence collection. After accepting the commission, Lawyer Wang immediately began investigating and applied to the public security authorities for an arranged meeting. Through the investigation and two meetings, Lawyer Wang believed that the case-handling unit's accusation of Sun XX being "suspected of drug trafficking" lacked sufficient evidence and that the criminal detention measures against Sun XX were inappropriate. On April 16, Lawyer Wang sent a lawyer's letter to the case-handling unit, presenting legal opinions and vigorously arguing for Sun XX's appeal.

4. Lawyer Wang's lawyer's letter to the Criminal Investigation Detachment of the Shenzhen Municipal Court stated:

5. "Through meetings and preliminary investigations, the lawyer has learned that Sun XX's 'suspected drug trafficking' only involved a phone call with a certain criminal suspect. Moreover, Sun XX neither expressed any intention to traffic drugs nor engaged in any specific criminal acts, and was completely unaware of the so-called 'suspected drug trafficking' alleged by the public security authorities.

6. Based on this, we believe that in the absence of basic factual evidence, the current criminal detention measures taken by your unit against Sun XX appear inappropriate. Adhering to the judicial principle of taking the law as the criterion and facts as the basis, and to avoid wrongful or lenient treatment, we recommend that your unit immediately change the compulsory measures against Sun XX and temporarily grant bail pending trial."



7. Case Outcome



Through the repeated efforts of Attorney Wang, the Shenzhen court investigators were prompted to further verify the facts of the drug trafficking gang case, ultimately confirming the innocence of the suspect Sun XX. On April 25, 2002, the Shenzhen court issued the "Release Certificate" [(2002) No. 154], acquitting Sun XX and ordering his release.



IV. Reflections on This Case



(I) The Legal Profession Is More Than Just a Career



The legal profession is not merely a career or a means of livelihood; it is a product of democratic systems, serving society's demand for fairness and justice. Upholding the authority of the law, pursuing fairness and justice, daring to confront power, speaking out for justice, and arguing on the basis of reason—these are inherent qualities of the legal profession.



(II) Besides Wisdom, What Else Does a Lawyer Need? 

Confucius said: "Wisdom, benevolence, and courage are the three universal virtues of the world." This means that "wisdom," "benevolence," and "courage" are the most noble human virtues. Confucius also said: "To see what is right and not do it is a lack of courage." This means that failing to act when one should stand up for righteousness is cowardice. Thus, courage is essential to being human; for a lawyer, courage is both a fundamental and noble principle. When facing the municipal public security authorities' criminal detention of a suspect, Attorney Wang Tengfeng bravely presented expert legal opinions, urging the authorities to immediately "change the compulsory measures," ensuring that the authorities neither wronged the innocent nor let the guilty off. As a lawyer, armed with the supreme weapon and support of the law, one must also possess a "benevolent" heart and a "righteous" spirit to be fearless and truly fulfill the glorious duty of "upholding social fairness and justice."

                                                        (Edited and commented by Zheng Fengdan)