On August 28, 2013, Baoding Intermediate People’s Court, Hebei Province determined that defendant Zhao committed arson and caused one death and one serious injury, and thus sentenced him to death. Zhao was dissatisfied with the decision and instituted legal proceeding, yet Higher People’s Court of Hebei Province (hereinafter referred to as “Higher Court”) upheld the decision on March 19, 2014. As the case moved to the review stage of the death sentence, Zhao’s family was desperate with great anxiety. They turned to Dacheng and a team including attorneys Zhang Zhiyong, Zhang Xidong and Du Yonghao was formed to defend Zhao in the review.
Dacheng promptly started the preparation work for the defense. They met Zhao at the detention house, reviewed the files at Higher Court, and investigated and collected evidence at the crime scene. After the great amount of elaborate preparation work was done, they submitted an attorney’s opinion letter on the disapproval for death sentence with Supreme People’s Court, along with relevant evidence. Dacheng claimed that, according to the crime scene, the spot of arson was an open space rather than a bustling business street. Moreover, Zhao had no criminal motivation to endanger public security, or criminal intent to cause death. Therefore, Zhao’s behavior does not constitute arson, but intentional destruction or damage of properties and negligent homicide. Following the family’s admonishment, Zhao confessed to the commission with a police station soon afterwards, with great regret. At the same time, Zhao’s family kept raising money to compensate the victims’ families, with sincere willingness.
The judge with Supreme People’s Court who was in charge of this case arranged a meeting with Dacheng upon receipt of the opinion letter, exchanging opinions on determination, measurement, compensation, etc. Dacheng was advised by the judge to work cooperatively with Zhao’s family on the compensation and try to get forgiveness and understanding from the victims’ families.
Dacheng had quite a few negotiations with the victims’ families to communicate and discuss on behalf of Zhao’s family. However, these negotiations all reached an impasse because of the high compensation required by the victims’ families. Dacheng did not give up but spared no effort to keep talking to the victims’ families and to ask the courts to host mediations. The judges with Higher Court and Supreme People’s Court who were in charge of the case therefore operated mediations twice both with the presence of Dacheng lawyers.
Dacheng’s excellent and efficient defense moved the victims’ families and impressed the judges, and the two parties came to a compensation agreement finally. On March 19, 2015, Supreme People’s Court made a decision that Zhao’s death sentence should be disapproved and the case should be remanded to Higher Court for retrial.
In the retrial, Zhao’s family still entrusted attorneys Zhang Zhiyong and Zhang Xidong as counselors. Higher Court supported the grounds for defense that the measurement for Zhao was too heavy as he, showing great repentance, confessed himself to the commission, which was his first offense and forgiven by the victims’ families in the end. Higher Court accordingly commuted the conviction to reprieved death sentence, which saved Zhao’s life.
Dacheng’s good job in this case well reflects its high-level expertise and sense of social responsibility and humanism, and has positive legal and social effects.