Yingting news

【Introduction】

Recently, Beijing Yingting Law Firm once again received good news. In a high-profile second-instance case of illegal mining that was heard by an intermediate court in Xinjiang,Lawyer Gao Shenrong, Lawyer Liu Ping (Ph.D. of China University of Political Science and Law)The defense team formed, relying on their profound legal theory foundation and keen litigation strategies, successfully reversed the unfavorable situation of "one year and six months' imprisonment" (actual punishment) in the first instance.

In this case, the legal team intervened in the case at the second trial, quickly and accurately, and through active defense and cross-examination, the court finally adopted the lawyer’s defense opinions and shortened the sentence to “one year and four months in prison, plus a fine ofTwo years probation". This judgment not only reflects the warmth of the law, but also allows the parties to avoid serving prison sentences, achieving the perfect unity of legal effects and social effects.

[Details of the case and analysis of key nodes]

Case review

The appellant Zhang (name changed to protect privacy) is a shareholder (partner) of a building materials limited liability company. In 2023, after the construction materials company's mining license was cancelled, Zhang still instructed workers to excavate, process and sell sand and gravel in the mining area involved. After identification, the illegally mined mineral products were worth nearly 600,000 yuan. The court of first instance found that the circumstances were serious and sentenced him to one year and six months in prison and a fine of 30,000 yuan.

Second instance dilemma

When the Yingting legal team took over the case, the first-instance verdict had been decided. Zhang faces the grim reality of being imprisoned to serve his sentence. How to find a breakthrough in the second trial has become the primary problem facing the two lawyers.

Lawyer Strategies and Highlights

Faced with the complex case facts and the unfavorable first-instance result, the two lawyers conducted in-depth research and judgment on the case.Lawyer Liu PingIt was pointed out that although the fact of illegal mining is difficult to overturn, there is still room for maneuver in terms of sentencing circumstances. Lawyer Gao Shenrong pointed out that the rate of revision of the verdict in the second instance procedure is extremely low. If the defense strategy of the first instance (not guilty) is still followed, the original verdict is very likely to be upheld. The client will face nearly two years in prison. Not only will the business have no one to take care of, but his family will also be unable to take care of him.

The legal team made a prompt decision and put forward key representation ideas and suggestions to the parties:

1. Negotiate with the client to change defense strategy

The success rate of pleading guilty and seeking probation is much higher than pleading not guilty. Must sincerely repent: Now that the facts are clear, a head-on defense of innocence is extremely risky and should be turned tosentencing defense, seeking leniency.

2. Plea guilty and accept punishment, and strive for leniency.

Utilizing the leniency system of "please plead guilty and accept punishment": The second trial was limited to three months. Before the Spring Festival of the Year of the Horse, he raced against time to communicate with the judge and prosecutor to sign the "Plea Guilty and Punishment Recognition Letter". In February 2026, under the witness of the defense lawyer, Zhang voluntarily signed the "Letter of Recognition of Guilty and Penalty", obtained the procuratorate's sentencing recommendation of one year and four months, but the procuratorate did not agree to give a probation recommendation. Therefore, the two lawyers still faced huge challenges as to whether they could be sentenced to probation.

3. Actively pay fines

Before the trial, the defense lawyer communicated with the second-instance judge many times, and finally the judge agreed to pay the fine in advance. The lawyer's proactive communication conveyed the client's repentant attitude to the judge. Paying the fine in advance was a statutory mitigating circumstance, which was conducive to reducing the penalty and imposing a suspended sentence.

Court games

Since the procuratorate issued a sentencing recommendation that did not recommend the application of suspended sentences, the two leading lawyers tried their best to obtain the consent of the court and the trial committee to apply suspended sentences out of court and during the trial. The two lawyers argued hard and emphasized repeatedly that Zhang's illegal crimes had special background and reasons (compared with the administrative agency's improper deregistration of mining). Permit related), he is a first-time offender, an occasional offender, the amount of mining is not large, and the subjective malignancy is relatively small. The suspended sentence is conducive to the implementation of the protection of the business environment and the social effect of entrepreneurs in driving economic development. During the second instance, he pleaded guilty and paid the fine. He indeed showed remorse and met the conditions for probation.

Under the guidance of his lawyer, the client Zhang showed great sincerity and remorse during the second-instance trial, and finally successfully convinced the second-instance trial committee.

court decision

After trial, the court held that the lawyer’s defense opinions were well-founded in law. Since Zhang voluntarily pleaded guilty and paid the fine during the second trial, he may be treated leniently according to law. In the end, the court accepted the lawyer’s defense opinion and made the following judgment:

1. Sentenced Zhang to one year and four months in prison (a reduction of 2 months compared to the first instance) and a fine (already paid);

2. Successfully apply for probation for two years (that is, no jail sentence is required, only community corrections are required).

[In-depth interpretation of cases and lawyer’s advice]

This case is a typical successful case of “defeat counterattack” through second-instance defense. It not only won valuable personal freedom for the parties involved, but also provided a valuable reference for the handling of similar cases.

Advice from attorneys (key points)

When facing criminal charges, especially when they have already lost the first instance, many parties often feel desperate. Beijing Yingting Professional Lawyers Group specially reminded after this case:

"Pleas guilty and accepts punishment" is the golden key: In criminal cases, especially in the second instance, simple confrontation is often not as effective as sincere repentance. The law clearly stipulates that criminal suspects and defendants who voluntarily and truthfully confess their crimes, admit the alleged criminal facts, and are willing to accept punishment may be treated leniently in accordance with the law.

Attitude determines the outcome: The lawyer advises the client that if the facts are conclusive, he should change his mind as soon as possible and actively eliminate the consequences of the crime by returning the stolen goods, paying fines, and restoring the ecology (such as the environmental restoration involved in this case).

The timing of professional lawyers' intervention is crucial: The success of this case lies in the second-instance lawyer's quick development of the correct defense strategy. The cooperation between Lawyer Liu Ping and Lawyer Gao Shenrong lies not only in the verbal battle in court, but also in the strategic psychological counseling and legal guidance for the parties outside the court.

Through this case, we once again see the power of professional legal services. Beijing Yingting Law Firm will continue to uphold the concept of "Law of the Law and Trust in the Court" and use professional knowledge and responsible attitude to strive for the most ideal legal results for every mining company client.

Attached: Part of the judgment in this case