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

【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 he had kept for his own use to another addict Zhang in a public restroom in a community, profiting over a thousand yuan on the spot. However, just as Chen completed the transaction, anti-narcotics police who had been lying in ambush nearby rushed in and caught him red-handed. Afterwards, through the introduction of his relatives, Chen entrusted lawyers Huang Yuanshen and Wan Zhengyu from Guangdong Zhiming Law Firm to defend him.

   After meeting with Chen at the detention center and learning that Chen had voluntarily confessed all his crimes to the police, lawyer Huang Yuanshen concluded that while the evidence in Chen's case was sufficient, one detail raised a significant doubt: Chen usually only used drugs himself and never sold them, so why was he so easily caught by the police the very first time he secretly transferred drugs? Drawing on years of professional experience, lawyer Huang Yuanshen sensed that the drug addict Zhang in this case was highly suspicious and warranted focused investigation.

With the assistance of Attorney Wan Zhengyu, Attorney Huang Yuanshen, after conducting extensive investigations and evidence collection, carefully studying the court's prosecution materials, and repeatedly verifying the facts with Chen, ultimately brought the truth of the case to light. It turned out that Chen's arrest was a "collaborative effort" between the police and Zhang. First, the reporting party Zhang disguised himself as a "drug addict" and, through the introduction of another suspect Li, lured Chen into a "transaction" with Zhang, thereby causing Chen to fall into the trap and be apprehended by police lying in wait outside. Although this method of induced investigation is highly controversial in legal circles, the Supreme People's Court, in its "Notice on Work Regarding Drug Crime Cases," clearly stated: those who commit crimes due to inducement by case-handling personnel should be given lighter punishment. Combined with Chen's circumstances of "selling drugs to support his own addiction," the relatively minor harm caused, his status as a first-time and occasional offender, and his confession and frank admission of guilt—all discretionary mitigating factors—Attorney Huang Yuanshen vigorously argued in court that Chen fully met the criteria for lighter punishment and should receive a lenient sentence. At the same time, after the trial, based on the specific circumstances of the courtroom debate, Attorney Huang Yuanshen advised and prompted Chen to voluntarily pay a fine to the judicial authorities, thereby expressing his good attitude toward admitting guilt and his 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)