The defense was successful, and the New Zealand defendant was sentenced to only two years!

--A case of suspected drug smuggling

Organizer: Guangdong Jinduo Law Firm Lawyer Liu Jiang Lawyer Guo Ning

 1. Basic case

The prosecutor’s allegation: Since April 2013, the defendant, A, packaged the mail containing drug amphetamine tablets, etc., in a company under his management, and instructed his co-accused Li (who has been sentenced) to mail it to the Commonwealth of Australia, etc. country. On July 17th of the same year, after the defendant A Mou left China, he, together with his accomplice "S Mou" and others (handled in a separate case), continued to instruct his accomplice Li Mou to receive concealed drug amphetamines by sending emails and other methods in China Tablets and other mail, and packaged, and then mailed abroad.

From April to May 2014, the defendant A and his co-accused "S" and others instructed his co-accused Li to send a total of 10 mails containing drug amphetamine tablets to Great Britain and North America. The United Kingdom of Ireland were all seized by Guangzhou Customs.

After the incident, investigators found 35 mails containing drugs and other items sent by Li in a logistics company in Guangzhou. (After inspection, the red round pills in 29 mail packets weighed 142 grams in total, dark blue The round tablets have a total net weight of 44.9 grams and all amphetamines have been detected; the white crystalline powder has a total net weight of 9.7 grams and all have 3,4-methylenedioxymethcathinone)

On August 18, 2014, investigators found a large number of drugs, as well as sealers, drug packaging bags, electronic equipment and other items in the rental house of co-accused Li Mou (after inspection, the total net weight of tablets and other items was 1891.1 grams, all of which were found Amphetamine; a total net weight of 156.5 grams of ochre block particles and light yellow powder, 3,4-methylenedioxymethcathinone was detected; the net weight of brown powder was 1491.4 grams, caffeine was detected).

In April 2017, the defendant A was arrested while entering the Shanghai International Airport.

 Second, the agency process

This case is a major foreign-related criminal case with a huge amount of drugs involved. According to relevant judicial interpretations, the sentence of the defendant in this case can reach life imprisonment or more. After accepting the entrustment of Mr. A's family, the firm attaches great importance to the case. Attorney Liu Jiang is the lead lawyer, leading two lawyers Guo Ning and Zeng Yujia, and a professional translator. A total of four people form a special case team responsible for legal affairs related to the case.

In the process of handling the case, the lawyers of the ad hoc team paid close attention to the progress of the case, met with Ah for many times, and closely contacted the case handling agencies and the New Zealand consulate in Guangzhou to keep abreast of the latest situation of the case.

After reviewing the case files, the task force analyzed the case files in detail, found loopholes in evidence through comparison, and organized multiple meetings with members and lawyers to discuss the case, and analyzed the most optimal defense plan.

In view of the fact that it has been several years since the incident occurred, when A was away from China for a period of time, we found that there was no direct evidence to prove that A was involved in the crime at the time of the case, and the evidence chain of the case was not complete and there were many doubts. In addition, A’s vigorous denial of involvement in drug smuggling, combined with the evidence and testimony provided by the public prosecution agency, this lawyer, as A’s defender, put forward a defense opinion: “The existing evidence is insufficient to prove that the defendant A’s participated in drug smuggling. In this case, Li There are many doubts in his statement. The judgment of this case should be based on other evidence, and the facts must be clear and the evidence must be conclusive and sufficient to convict Ah."

During the trial, the New Zealand Consulate General in Guangzhou and other officials participated in the trial.

3. The court held that

The Guangzhou Intermediate People's Court held that: the defendant, Amou, evaded customs supervision and smuggled psychotropic drugs containing amphetamine and other drugs abroad with his co-accused. His behavior constituted the crime of drug smuggling and should be punished according to law.

The main criminal facts charged by the public prosecution agency are clear, and the main evidence is reliable and sufficient. The accusation was convicted and this court supported it. However, the evidence against the defendant A's involvement in drug smuggling in 2014 was insufficient and this court did not support it. Existing evidence cannot rule out the possibility that the defendant A was also instructed by his co-accused "S". According to his status and role in the joint crime, he can also be regarded as an accomplice and should be given a lighter punishment in accordance with the law. In view of the fact that the evidence in this case can only prove that the defendant A was directly involved in the drug smuggling crime before leaving China, it cannot be determined that the 45 postal parcels seized by the co-accused Li and the drugs seized in the rented house of Li were directly related to A. The drug smuggled by the defendant, A directly involved in the smuggling, has not been found by public agencies. The type and quantity of drugs involved are unknown. The defendant can be punished lightly when sentencing.

Fourth, the verdict

The Guangzhou Intermediate People's Court ruled that the defendant, A, was guilty of drug smuggling and was sentenced to two years in prison and a fine of RMB 20,000 plus deportation.

 Five, practical significance

During the trial, lawyers Liu Jiang and Guo Ning of our firm fought hard in court as A's defenders. The judge of the Guangzhou Intermediate Court tried the trial impartially, based on facts, and accepted the defense opinions of the lawyers of our firm on insufficient evidence. In 2014, the drug smuggling crime was not supported, and A was found to be an accomplice, and he was finally sentenced to two years imprisonment and fined.

After the verdict was pronounced in the first instance, Ah said he would not appeal and obey the verdict.

For the efforts of our lawyers, Amou, his family, and officials of the New Zealand Consulate in Guangzhou spoke highly and unanimously affirmed!