[6] Uncovering the truth and upholding justice, the drug trafficker ultimately received a lighter sentence

📅 2019-07-23 📂 Arbitration CasesArbitration Cases 🏷️ #DrugTrafficking #DrugDealer #LightSentence

【Lead Lawyers: Huang Yuanshen, Wan Zhengyu】

   In August 2013, a drug addict named Chen, through the introduction of another suspect Li, transferred a packet of drugs intended for his own use to another "addict" Zhang in a public restroom in a community, making over a thousand yuan on the spot. However, as Chen completed the transaction, he was caught by drug police who had been lying in ambush nearby. Afterwards, through a relative's introduction, Chen entrusted lawyers Huang Yuanshen and Wan Zhengyu from Guangdong Zhiming Law Firm to defend him.

   After meeting with Chen in the detention center and learning that he had voluntarily confessed all his crimes to the police, Lawyer Huang Yuanshen believed that while the evidence in Chen's case was sufficient, a detail in the case raised a major doubt: Chen usually only used drugs himself and never transferred them, so why was he so easily caught by the police during his first secret drug transfer? Drawing on years of professional experience, Lawyer Huang Yuanshen felt that the "addict" Zhang in this case was highly suspicious and needed focused investigation.

   With the assistance of Lawyer Wan Zhengyu, Lawyer Huang Yuanshen conducted extensive investigations, carefully studied the court's prosecution materials, and repeatedly verified the facts with Chen, ultimately bringing the truth to light. It turned out that Chen's arrest was the result of "cooperation" between the police and Zhang. First, the informant Zhang pretended to be an "addict" and, using the introduction of another suspect Li, lured Chen into a "transaction" with Zhang, causing Chen to fall into a trap and be arrested by the police lying in wait. Although this method of induced investigation is highly controversial in legal circles, the Supreme People's Court's "Notice on Drug Crime Case Work" clearly states that crimes induced by investigators should be given lighter sentences. Combined with Chen's "trafficking to support his own use," which posed less harm, his status as a first-time and occasional offender, and his confession and admission of guilt as mitigating factors, Lawyer Huang Yuanshen strongly argued in court that Chen fully met the conditions for a lighter sentence and should be given a lenient judgment. Additionally, after the trial, based on the specifics of the court debate, Lawyer Huang Yuanshen advised and prompted Chen to voluntarily pay a fine to the judicial authorities to demonstrate his good attitude toward admitting guilt and genuine remorse.

   Thanks to the efforts of lawyers Huang Yuanshen and Wan Zhengyu, the court fully considered and adopted their defense opinions. In the end, the People's Court sentenced the defendant Chen to only one year and two months in prison. (The surnames above are randomly selected)

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