Smuggling is serious crime that the whole world combat. Smuggling of cigarettes is the one that of very high profits.
Criminals believed that the boundless ocean and dark night can give them natural protection. A crime group of 23 members smuggled foreign cigarettes from abroad for 45 times in two years, evading tax 40 million yuan. After the case was cracked, the prosecution brought a suit against it.
The family of the accused Zeng found my law firm and hired me as counsel of Zeng. According to PRC Criminal Law Article 153: “If the evasion of tax of smuggled goods and articles is more than 500,000 yuan, term imprisonment or life imprisonment shall be applied and impose a fine 1 to 5 times of the tax evasion amount or confiscation of property; if the circumstances are especially serious, section 151.4 shall be applied, that is life imprisonment or the death penalty and confiscation of property.”
After Entrustment, I immediately went to court and looked up nearly 20 files of materials and meet with the accused Zeng in the detention center many times. I got to know that Zeng never contributed fund for smuggling, only received wages or living expenses from the investors.
Since the case is complex and involved large amounts, I invited law experts to attend a seminar to confirmed best defense scheme.
In the trial, I gave my point of view as follows:
1. The defendant Zeng played a minor and assistant role in the crime, so he should be determined as accessory criminal. The Intention was proposed by Zeng and the major contributor was not him, neither.
In order to arouse the attention of the court, I emphasized that, the provision of fund in the basis of the implementation of the criminal cases, it is the reason leads to harmful results. Zeng didn’t contribute for smuggling; therefore, his behavior has significant difference from the investor.
2. Zeng has confessed and provided clues to the case in cross-examination, so he shall be determined as have surrendered himself. According to PRC Criminal Law Article 67 and Article 68, he can be given a lighter punishment.
The court made a just verdict, Zeng was subject to it.
