Private entrepreneur involved in criminal conviction involving 7 million yuan was imprisoned. Tongwang lawyers tried their best to defend him and finally won his freedom after two and a half years.
Time:
2023-08-10
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Li is a well-known private entrepreneur in a certain area, and his company has been awarded the local A-level taxpayer. Disasters come from the blue. During the operation, Li was requested by a mine to send the company's rock drill and hook machine to assist in mining. Later, the mine was seized for suspected illegal mining. The public security organs seized the rock drill and hook machine at the scene and arrested Li along the clues. During the investigation, it was discovered that Li had also purchased unlicensed ore from others. Li also confessed to his behavior and was willing to plead guilty and accept punishment. Because Li is suspected of the crime of illegal mining and concealing and concealing the proceeds of crime, the amount of crime involved is more than seven million, which is particularly serious. According to the law, he may be sentenced to fixed-term imprisonment of more than three years. Therefore, the procuratorate approved the public security organs to arrest him.
Lan Xiangang, Liu Liyi Lawyer Entrusted by Li's close relatives to act as his defense counsel, the two lawyers reviewed more than 20 case files day and night and discovered numerous doubts in the case. These included the presence of multiple mining machines at the mine, the mixture of legal and illegal mining operations, which made it impossible to determine the exact amount of Li's illegal mining. Furthermore, the suspected crime of concealing criminal proceeds was also questionable because some upstream crimes could not be verified, and the amount involved was uncertain. Regarding these issues, the two lawyers argued that, according to Article 55 of the Criminal Procedure Law, judgments in all cases should emphasize evidence and thorough investigation, and should not rely solely on confessions. A defendant's confession alone, without other evidence, is insufficient to establish guilt or impose punishment. To this end, the two lawyers communicated with the prosecutor multiple times, seeking to clarify the facts. The prosecutor adopted the lawyers' suggestions and twice returned the case to the public security authorities for further investigation. Based on the supplementary evidence and on the advice of the two lawyers, Li signed a confession and accepted punishment for the charges of concealing criminal proceeds where the evidence was certain and sufficient. He also returned all the ill-gotten gains (赃款 - zāng kuǎn). The two lawyers then requested a review of the necessity of detention from the procuratorate. Considering the evidence and circumstances, the procuratorate released Li on bail. Subsequently, the procuratorate decided not to prosecute Li for the suspected crime of illegal mining but proceeded to prosecute him in the court of first instance for the crime of concealing criminal proceeds. The court of first instance found Li guilty of concealing criminal proceeds, considering the circumstances to be particularly serious, and sentenced him to three years of imprisonment. The two lawyers argued that the first-instance judgment failed to consider that the crime was committed by a unit (company), leading to an excessively severe sentence, and advised Li to appeal. Upon review, the second-instance court found that some facts were unclear and remanded the case for retrial. During the retrial, the two lawyers submitted defense arguments, contending that the case involved a unit crime and that Li, as the responsible person, should be convicted and punished accordingly. However, given that Li had returned all the ill-gotten gains and confessed, he was eligible for leniency under the law. Furthermore, as a private entrepreneur, his company provided substantial employment, making a lenient sentence beneficial for society. Therefore, applying probation to Li was lawful and reasonable, and the lawyers recommended that the court grant him probation. The retrial court adopted the lawyers' arguments and sentenced Li to three years of imprisonment with a four-year suspended sentence, considering the circumstances of his crime.
After the judgment took effect, Li's hanging heart finally let go. The case lasted for two and a half years, with many dangerous situations, exhausted, and finally turned around, and the dust settled. He thanked the two lawyers for their efforts and praised them as "the existence of the Dinghaishenzhen". Looking back on the journey, he did not know how many times he could not sleep at night, not because he was afraid of bearing criminal responsibility, but because he was worried about how the enterprise would continue and where the employees would go if he went to jail. This experience made him understand the solemnity of the law and also appreciate the warmth of the law. He said that he would face up to his mistakes, know his shame and then be brave, operate in compliance, and serve the country through industry.

Lan Xiangang (right) and Liu Liyi (left) lawyers discuss the case
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