Between life and death -- drug case report

Mei Jun.13870986891

One, brief case

City prosecutors the indictment charges the facts as follows:

2010Years12Earlier this month, Hubei Liu, Du MOU with Jiangxi forest a good contact in advance to the price agreed to buy drugs Ma Gu Lin.12Month10Morning, Liu, Du Mou carry cash drove from Hubei city to Jiangxi city. At the same time, Liu, Dumou drug methamphetamine hiding in the car spare tire, for the ice to Lin replacement Ma gu.12Month10Day morning, Liu, Dumou arrived in Jiangxi City, by Lin two Hubei people to rent housing dengmou. Four drug in the room. Later, Liu, Du Mou, Lin, Deng a four together by Liu, Du Mou driving to the car, leave the rental. Not long, four police arrested, the drug was also paid. 

The indictment said, Lin, Deng containing methamphetamine drug trafficking methamphetamine20000Grain (net weight1834．3417G), ice239．8972G, their behavior has violated the "criminal law" the second paragraph of article 347th (a) the provisions of item, it shall be investigated for criminal responsibility for the crime of drug trafficking. Liu, Dumou trafficking, transport containing methamphetamine drugs Ma Gu20241Grain (net weight1856．4588G), ice191．9027G, their behavior has violated the "criminal law" the second paragraph of article 347th (a) the provisions of item, should take the trafficking and transporting drugs, shall be investigated for criminal responsibility.

At the same time, the indictment will Lin as the first defendant, Dengmou listed as the second defendant, Liu was listed as the third defendant, Dumou listed as the fourth defendant.

Two,Lawyers involved in the

The prosecution case to prosecutors, I was appointed as a family of Deng Deng counsel, deeply pressure big. The drug quantity is not big. China's "criminal law" the 347th paragraph second:

Smuggling, trafficking, transporting, making drugs in any of the following circumstances, was sentenced to life imprisonment or the death penalty, fifteen years, also be sentenced to confiscation of property:

(a) the number of smuggling, trafficking, transporting, manufacture opium, heroin or methamphetamine kg more than fifty grams or other narcotic drugs of large;

In this case, many dozens of times the amount of drugs to reach the standard, if the defendant has no other special circumstances, such as an accessory, meritorious circumstances, this is a very likely to be sentenced to death penalty cases.

After accepting the entrustment, a lawyer first access to the files, that the four defendants confession be quite different in content files.

Lin statement, he wasn't involved in the drug trade, he was seized vehicles, because he is on the side of the road waiting for the bus, I saw a Deng in the car, so, himself a lift.

Deng statement, the whole transaction is one of his own people contact with the people of Hubei, the transaction process is similar to Lin, Lin was not involved in the drug trade.

Liu, Du Mou statement content is consistent, Liu confession and their drug trade contacts is Lin, concerning the transaction process four in the field.

Although the conflict of four statement content, but the lawyer can conclude, apparently Lin, Deng did not truthfully confessed the criminal facts, but Dengmou position and Lin compared to light. However, a question arise spontaneously: why Deng to Lin exculpatory responsibility, help all embrace? With this question, the lawyer met with Deng, but met with the process is not smooth.

The first meeting, Deng a distrust for lawyers, lawyers will license to see, lawyers will own a book to see, it still be wary of lawyers, still say the investigators recorded their record is true. First time met with nothing.

So, the lawyer second meeting, once again show the identity, at the same time, with the situation of Deng tells of the home, the lawyer who commissioned by the relatives of other content, Dengmou that eliminates the suspicion. The lawyer tells why make the record, Lin to its promise, said the case has nothing to do with Lin, and Lin after go out, will try to settle the case. In addition, Dengmou initially didn't realize the seriousness of the case.

Then, a lawyer for the analysis of the seriousness of the case, at the same time, according to the lawyers think now reflect the situation, Deng one should be in the accessory position, its status and the function is significantly less than the Lin. The lawyer asked its attitude, otherwise the consequences be unbearable to contemplate.

On the other hand, the procuratorial personnel attorney and handling active communication, and submit the written materials about the Deng case "legal advice", content of problem, Deng a position quantity of drugs, the drug problem, hope the court sentencing recommendations when considering. Feedback the procuratorial personnel is: if Dengmou still help Lin exculpatory, don't get a good attitude toward admission of guilt, the procuratorial organs can not require judicial organ to a lighter or mitigated punishment. With this signal, the lawyer again met with Deng, the court must strive for good confession attitude, reduction of the facts of the case. Counsel is to focus on its position and attitude toward admission of guilt.

Three, the playback

2011Years7Month19Day, in the case of the first instance court.

During the trial, there is change something dramatic. The first was brought to court for Lin, Lin in the court still insist on his statement in the record content, think he is innocent. The second was brought to court for Deng, Deng a change in its record confession, objectively the facts of the case, he was influenced by Lin command, to complete a money away, take the goods back behavior. The third was brought to court for Liu, he also changed the contents of the statement, said he was not involved in drug trafficking. The fourth was brought to court for Du Mou, it also changed the previous statement, said Liu to drive, the do not know if there is ice on the car, do not know the sale of drugs.

These changes what I expected, but also to other defenders, sitting next to me expected. But other confession change is not important, important is Deng a statement of change. Based on this change, the lawyer the accomplice and pleaded guilty to a better attitude to defend its. As mentioned in the argument: "all drugs is not the Dengmou, criminal intention about people not Deng, Deng did not and the people of Hubei and related transactions, Deng did not participate in the trading price of the formed Du, trading funds also did not enter the Dengmou account. Can say, Dengmou status is very low, very small role, is an accomplice."

The accessory and pleaded guilty to a better attitude of the defending opinions, court prosecutors to be recognized, and expressed the hope that the court to consider the circumstances of sentencing deng. Therefore, the trial and achieved good results.

The court of First Instance judgement that: Deng accomplice, should be punished leniently. Deng pleaded guilty to a better attitude, can be punished more leniently. The court verdict, the defendant was at second position of Deng in criminal judgments of the third defendants position. A judgment sentence Deng made drug trafficking crime, sentenced to life imprisonment. The defendant in the book and judgment in the top two were sentenced to death.

Subsequently, they were appealed to the higher people's court, the provincial high court finally ruled: rejecting the appeal, upheld the.

Four, case handling experience

In the face of a may be sentenced to death cases, lawyers big pressure, one can imagine.

Before the trial, lawyers and prosecutors on the relevant issues in the case of full communication. As Deng's status, prosecutors also recognized the effect is less than Lin, but in the indictment but does not indicate that Dengmou accomplice status. Because, if Dengmou still intended for Lin exculpatory, presents the judicial organ to Deng a lighter or mitigated punishment sentencing recommendations it would be difficult for the procuratorial organ.

The lawyer's job or not, is not only reflected in the court and the prosecutor to fierce confrontation, but, as far as possible before the trial lawyers point of view is accepted, recognized by the procuratorial personnel. So, perhaps, the court on the confrontation is not obvious, but the effect is good.

Therefore, lawyers work pretage, not blindly by surprise attack - defense model, is an important measure of a lawyer defense ability.

(the names of the silent treatment).

Special statement: without permission of the author, this paper will prohibit any form of reprint, published.