Lawyer

"Lao Tzu said: 'When misfortune comes, good fortune rests on it; when good fortune comes, misfortune rests on it'.
Look, the case will come soon, and your commission will come again.This is called blessing and misfortune. "Yu Wendong laughed.

"I really didn't want to kick those two lawyers out, but what they did was too much. Aren't you afraid that the defendant will find trouble with them after he comes out?

Why!The woods of the legal profession are too big for all kinds of birds.There are so many strange things. "Zhou Ying sighed.

"These days, everything depends on money. A few days ago, I heard from my master that a partner in a law firm took away the client's execution money. The total amount was only more than 100 million. He is really poor and crazy. What can a lawyer do?" This happened! I really don’t understand.” Yu Wendong shook his head and said.

"Lawyer Song, why are you listless? Did the trial not go well?" Zhou Ying raised her head just in time to see Song Hui walking over with the case file.

"Well, the result of the court trial is not ideal. I'll talk to Boss Fang to see if there is any good solution." After Song Hui finished speaking, he went to Fang Yi's office with the case file in his arms.

Looking at Song Hui's back, Zhou Ying murmured: "Life is unsatisfactory. Nine times out of ten, every lawyer has a hard time to read. It's not easy."

"Lawyer Fang, are you busy?" The door of the office was open, and Song Hui walked in directly.

Fang Yi was typing away, looking over the top of the computer screen, and saw Song Hui walking in, his expression was not very good.

"I'm done, what's the matter?" Fang Yi knew that there must be something difficult for Song Hui's expression to find him, so he paused typing.

"I took an independent trafficking case before. After the first and second trials, the court's verdict was not satisfactory..." Song Hui said.

"Tell me about the case, and let's analyze it together." Fang Yi left the desk, went to the sofa and sat down.

Song Hui sat across from him, and handed the case file to Fang Yi: "Look at the case file, let me introduce the basic case..."

In June, Xie Youhe assigned Song Hui a case. Sentenced) brought 400 grams of heroin to this city from Guangdong Province, and sold heroin to Zhu Yong (defendant in the same case, sentenced) at room 611 of the Four Seasons Hotel in this city at a price of 220 yuan per gram.

In the afternoon of the next day, Zhu Yong was caught by the public security officers when he instigated He Yuan (co-defendant, already sentenced) to sell heroin to others. The public security officers seized 16.5 grams of heroin from He Yuan and 2.5 grams of HL from Zhu Yong. 611 grams of HL were seized from under the bed in room 220.6 of Gumao Hotel.

Later, Zhu Yong confessed that the 2.5 grams of the drug he was carrying was bought from Hou Yanjiao, but he refused to admit the 220.6 grams of HL seized under the bed.

A month later, Hou Yanjiao and He Xiang were arrested. Hou Yanjiao truthfully confessed the fact of drug trafficking, and said that when she sold the drug to Zhu Yong, she weighed [-] grams.Then the police interrogated Zhu Yong again, and the latter had to admit the fact that he bought [-] grams of the drug.

In May of this year, the Procuratorate transferred Hou Yanjiao to the Intermediate Court for drug trafficking and recommended the death penalty.

After the trial, the Municipal Intermediate People's Court held that the defendant Hou Yanjiao sold a large amount of drugs and was a recidivist. Although the attitude of pleading guilty was good, it was not enough for a lighter punishment.In accordance with Article 347, Paragraph 356, Paragraph 20, Article 20, Article No. 40, Article [-], Paragraph [-], No. [-], Article [-], Paragraph [-], No. [-], Article [-], Article [-], Paragraph [-], and Article [-] of the Criminal Law, The defendant, Hou Yanjiao, was convicted of drug trafficking and sentenced to death, deprived of political rights for life, and confiscated all personal property.

After receiving the verdict of the first instance, Hou Yanjiao refused to accept it.

After Hou Yanjiao's family members came to this city from other provinces, they heard that Fang Yi's team was good at criminal cases, so they came to Sidley Law Firm to entrust the second trial.The case was assigned to Song Hui by Xie Youhe.

After Song Hui met with the defendant and checked the test papers, he met with the family members of the defendant again. After explaining the situation, the family members of the defendant understood that now they can only treat a dead horse as a living horse doctor, and tried to read it.

Seeing that the defendant's family members insisted on entrusting him, Song Hui drafted an appeal petition for the defendant Hou Yanjiao. The reasons for the appeal are as follows:
220.6. The public security officers only seized 400 grams of heroin, and there was no evidence to prove that the remaining drugs had been sold by Zhu Yong. Therefore, it was determined that Hou Yanjiao’s evidence for selling [-] grams of heroin was the defendant’s confession, which was inconsistent. The possibility of extorting a confession by torture.Therefore, the first-instance judgment found that there was insufficient evidence for Hou Yanjiao's trafficking of [-] grams of heroin.

[-]. Hou Yanjiao was hired by Lu Hui, a drug dealer in Guangdong Province, to sell drugs. She is an accomplice and should be given a lighter punishment according to law.

9. Although Hou Yanjiao is a drug recidivist, she only sold a small amount of drugs in her previous convictions, and she has been sentenced to more than [-] years in prison, which is not a heinous crime.

To sum up, the facts ascertained in the first-instance judgment were not clear, and the sentence was too severe, so the court of second instance was requested to remand for retrial or change the sentence.

After the trial, the Provincial Higher Court held that the appellant Hou Yanjiao and the co-defendant He Xiang jointly sold 400 grams of heroin, a large amount, and had been sentenced for drug crimes.In the joint crime, Hou Yanjiao played a slightly greater role than He Xiang.

With regard to Hou Yanjiao and her defender's appeal reasons and defense opinions that the first-instance judgment found that Hou Yanjiao had sold 400 grams of heroin, Hou Yanjiao confessed that when she and Zhu Yong were dealing drugs in Room 611 of the Four Seasons Hotel, Zhu Yong was guilty of heroin trafficking. Weighs 400 grams.This confession is consistent with Zhu Yong's.

Zhu Yong also confessed that he sold more than 100 grams of the drug to others after purchasing the drug, so the public security personnel only seized 239.6 grams of heroin at the time of the case.

The second trial played the video of Hou Yanjiao's interrogation by the public security personnel, confirming that Hou Yanjiao was not induced or tortured to extract a confession when she confessed that she had sold 400 grams of heroin.Therefore, the reason for the appeal and the defense opinion cannot be established.

With regard to Hou Yanjiao and her defenders' claim that Hou Yanjiao was employed by others to sell drugs and was an accessory to the appeal and defense opinions, after investigation, Hou Yanjiao always confessed that she bought and distributed drugs from a man named Lu Hui in Guangdong Province. , and then brought them to this city for trafficking, and there was no joint trafficking with Lu Hui, so they were not considered as accomplices hired to help others sell drugs.

With regard to the grounds for appeal and defense opinions raised by Hou Yanjiao and her defenders that the sentence of the first instance was too heavy, Hou Yanjiao sold a large amount of drugs, and she is a recidivist, so she should be punished severely according to law.Therefore, the reason for the appeal and the defense opinion are not accepted.

The facts identified in the first-instance judgment were clear, the evidence was reliable and sufficient, the conviction was accurate, the sentence was appropriate, and the trial procedure was legal.In accordance with Article 189, Paragraph 199 and Article [-] of the "Criminal Procedure Law of the People's Republic of China", the ruling dismissed the appeal, upheld the original judgment, and reported to the Supreme People's Court for approval in accordance with the law. (end of this chapter)