According to the People’s Court of Jimei District, a Mr. Wang, formal official from the judicial system, was convicted of abuse of power in the course of executing judgments and rulings, incurring direct economic loss of RMB2.19mln upon the victim. He was sentenced to three years of imprisonment with a four-year reprieve. The defendant refused to accept the judgment and retained attorneys Zhang Haiyong and Lei Zhenqiu to defend for him and appealed to the Intermediate People’s Court of Xiamen.
After meeting the defendant and reading the files, the attorneys found that facts were unclear and evidence insufficient during the trial of first instance; Wang filled his duty according to law and did not commit any acts that exceeded his power; and the economic loss suffered by the person subject to execution and whoever affected by the execution was not caused by Wang’s behavior from the legal perspective; therefore, Wang’s behavior did not constitute abuse of power. The court of second instance accpeted the attorneys’ opinion and sent back the case to the court of first instance for a new trial.
When the case was again considered by the People’s Court of Jimei District, the attorneys applied to collect evidence and reexamine the case. During the court trial, both parties of prosecution and defense adduced and cross-examined the evidence carefully. The attorneys figured out contradictions in the evidence held by the prosecutor one by one and debated with the prosecutor fiercely. At last, their opinion was adopted by the court judge who issued the court’s No.407 criminal judgment that ruled Wang not guilty.
The defense process lasted five years, during which attorneys Zhang and Lei applied to collect and re-examine the evidence for quite a few times in order to form a well-grounded defense. They also exhibited skillful defense capabilities and good theoretical background in the court trial, protecting the defendant’s lawful rights and interest as best as they could.
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