Basic case

The indictment alleges:At about 23:00 on July 15, 2020, the defendant Wu Moumou sold drugs to Chen Moumou at a price of 1000 yuan in a square in Beijing. On July 17, 2020, the police seized the white crystal involved in the case from Chen Moumou's residence. 0.17 grams, methamphetamine was detected after identification and confiscated. The defendant Wu Moumou was seized by the public security organs on July 17, 2020. The police seized 0.46 grams of white crystals from the residence. After identification, methamphetamine was detected and confiscated. In June 2010, Wu Moumou was sentenced to eight months in prison for drug trafficking. In the examination and prosecution stage, the defendant Wu Moumou signed the "confession and punishment statement."

handling process

This case is a legal aid case assigned by a legal aid center in a district of Beijing. After accepting the assignment, the defender Wang Yawei met with the defendant Wu Moumou, listened to his defense, and carefully read the file, and found that the defendant Wu Moumou received Chen Moumou 1000 yuan. Immediately after the money, the 1000 yuan was transferred to the "chicken" account without making any profit, and it was determined that Wu Moumou constituted the crime of drug trafficking. In addition, it was found that there was doubt in the "situation statement" issued by the public security organ that "in the process of handling the deferred collection for the person, it was found that the person was suspected of committing a crime". After checking the electronic data in the volume, Wu's mobile phone had no criminal clues, and Wu had the possibility of surrendering himself.

At the hearing, the defense accordingIn 2008, "Summary of the Symposium on the Trial of Drug-related Crimes in Some National Courts" and "Notice of the Supreme People's Court on Printing and Distributing the Summary of the Symposium on the Trial of Drug-related Crimes in National Courts" (2015)According to the regulations, if the intermediary does not contact and introduce drug sellers for drug addicts for the purpose of making profits and helps drug addicts to buy drugs, if the quantity of drugs purchased by drug addicts does not meet the standard of constituting a crime stipulated in article 388 of the criminal law of our country, they should not be punished as crimes, and accordingly put forward the opinion of not guilty defense, and at the same time put forward the circumstances of surrender of the defendant Wu mou.

After the trial, the case was returned to supplementary investigation, and the public security organ obtained the interrogation record of "chicken" in the drug rehabilitation institution, and "chicken" denied selling drugs to Wu. The public security organ issued a separate work note confirming that "at the scene where Wu Moumou was seized, although Wu Moumou's mobile phone was checked, no criminal clues were found. The crime was voluntarily confessed by Wu Moumou".

Case outcome

In the second trial, the defendant Wu still chose to plead guilty and punish. The collegial panel adopted the defender's opinion that the defendant constituted a voluntary surrender, and found that the defendant Wu had the circumstances of voluntary surrender, and the public prosecutor adjusted the sentencing of the defendant Wu lightly, and finally the court sentenced Wu to eight months' imprisonment for the crime of drug trafficking.

according to lawyer wang yawei,The facts of the case of confession and punishment and sentencing recommendations must be reviewed by the court. Whether it is appropriate and adopted can only be finally decided after the court has tried. The court has the right to change the charges and adjust the sentencing. Therefore, the leniency system of confession and punishment still adheres to "trial-centered", but it is different from the traditional "trial-centered" expression. Under the background of leniency in pleading guilty and punishment, after the trial found new facts that affected the circumstances of sentencing, the court suggested that the public prosecution organ should adjust the sentencing proposal to a lighter direction, which effectively reflected the effectiveness of the system of leniency in pleading guilty and punishment.

Introduction to the Author

Lawyer Wang Yawei

Wang Yawei, Deputy Director of the Board of Supervisors of Beijing Huixiang Law Firm, Director of the Criminal Law Professional Committee.

Business areas
Criminal Defense, Criminal Prosecution, Criminal Compliance

educational background
Northwest University of Political Science and Law Postgraduate

Typical case
1. Ai Moumou participated in underworld organizations, provoked troubles, forced transactions, extortion, illegal detention, and gambling cases, and reduced four criminal facts during the review and prosecution stage; 2. The deputy director of the executive board of a provincial high court and a member of the trial committee were suspected of taking bribes, The source of a huge amount of property is unknown, and the execution of the judgment ruled abuse of power, reduce the amount of the crime of a huge amount of property with unknown sources; 3. Li, the deputy general manager of a virtual currency trading place, was suspected of the crime of opening a casino, and was released on bail pending trial during the review and arrest stage;
4. An intermediary incited the parents of the school district to cause trouble, suspected of provoking trouble, filed a defense of innocence, and the party was released on bail pending trial during the review and arrest stage;
5. In the case of corruption and bribery by the director of urban construction of a city in Shandong Province, he pleaded not guilty to the crime of corruption, but the court did not determine the name of the crime of corruption;
6. In the case of Yang's infringement of citizens' personal information, he filed a plea of innocence during the review and arrest stage. The party was released on bail pending trial, and the case was later revoked by the public security organ;
7. In Wang's fraud case, he filed a defense of innocence. During the review and approval of arrest, the party was released on bail pending trial. After the release of the bail pending trial expired, he was not transferred for review and prosecution;
8. In the case of Pang Moumou's fraud, he filed a defense of innocence. During the review and approval of arrest, the party was released on bail pending trial. After the release of the bail pending trial expired, he was not transferred for review and prosecution;
9. In the case of Yang's theft, the original appraisal opinion was overturned through investigation and evidence collection. After the public security organ re-identified, the sentencing file was reduced from more than ten years to less than ten years in prison;

Professional writings
1. Participated in the compilation of "Exploration and Research on Chinese Legal Theory and Practice in the 21st Century", collected by the Supreme People's Court, and issued the "Supreme People's Court Collection Certificate";
2. Introduction to Criminology, China University of Political Science and Law Press.

Professional Articles
1. "Analysis of Litigation Fraud" won the third prize of the court's essay;
2. "On the Elimination System of Young Criminal Records" won the first prize of the Juvenile Delinquency Research Association.