Zhiming lawyer argued on legal grounds, criminal case legally amended
[Lead Counsel: Zhiming Law Firm] One late night in August 2012, the post-90s defendant Ren XX carried a folding knife and arrived at a secluded alley in XX Village, Longhua New District, Shenzhen. Seeing the victim Li XX (female) walking alone, he suddenly rushed up from behind, threatened her with the knife in his right hand and slashed her neck (identified as a minor injury by forensic examination), while snatching her handbag (containing 200 yuan in cash) with his left hand before fleeing quickly. Li XX shouted for help, and her boyfriend arrived in time, chased down, and apprehended the defendant Ren XX. Afterward, the defendant Ren XX's family approached Zhiming Law Firm, and the lawyers of Zhiming accepted the commission to serve as defense counsel in this case.
During the first-instance trial, at the suggestion of Zhiming lawyers, the defendant reached a settlement with the victim regarding compensation. The victim received 18,000 yuan in compensation, granted forgiveness to the defendant, and recommended that the court impose a suspended sentence. This approach laid the foundation for a lighter sentence in this case.
At the first-instance trial, Attorney Zhiming, based on the facts that the criminal circumstances were clearly minor, the crime was attempted, it was a first offense, the defendant had a good attitude in admitting guilt, actively compensated the victim, and obtained forgiveness from the victim's family, as well as relevant legal provisions, requested a lenient sentence. On November 5, 2012, the first-instance judgment was rendered. The Bao'an Court, in accordance with Article 263 and Article 23 of the Criminal Law, sentenced the defendant Ren XX to one year and six months in prison for robbery, along with a fine of 2,000 RMB.
Defendant Ren XX and his family decided to appeal, and Zhiming Law Firm continued to accept the mandate. Based on the facts and legal principles, the appeal petition stated: "The original judgment was based on unclear facts and insufficient evidence, and failed to fully consider factors such as the defendant's young age, strong capacity for rehabilitation, lack of prior criminal punishment, attempted crime, and the victim's family's forgiveness. We request the revocation of the excessively harsh criminal judgment of the original trial and a revised sentence in accordance with the law, to ensure the correct implementation of the law and to protect the appellant from unjust and excessive punishment!" The Second Instance Collegiate Panel of the Shenzhen Intermediate People's Court, after reviewing the case files and interrogating the appellant, adopted the lawyer's opinion and issued the final judgment on February 1, 2013. In accordance with Articles 263, 23, and 72 of the Criminal Law, the sentencing portion of the original judgment was revoked and revised to: "Sentenced to one year and six months of fixed-term imprisonment, with a two-year probation period," and the defendant Ren XX was released immediately on the day of the judgment to return home for the New Year.
The defendant, Ren XX, comes from a poor rural family in a mountainous area. His wife is about to give birth, and with the year drawing to a close, his family is anxious and deeply worried. Thanks to the vigorous efforts of the knowledgeable lawyer, he ultimately obtained a "suspended sentence" in the second-instance judgment, sparing him from the ordeal of "one year and six months" behind bars. He returned home for a reunion at year's end, and his wife and child received proper care. Through this judicial decision, he deeply felt the dignity of the law and the fairness and justice it upholds, sincerely expressing his acceptance of the verdict, his commitment to lawful conduct and rehabilitation, and his resolve to start anew. To express their immense gratitude, his family personally accompanied the defendant to the Zhiming Law Firm to present a banner reading "Professional and responsible, high in character and integrity," conveying their heartfelt thanks to the lawyer.
