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Recently, Mr Ning Qian of JAVY Law Firm, drawing on his profound legal expertise and outstanding advocacy skills, successfully represented a client in a complex case involving the illegal sale of fruit-flavoured e-cigarettes. He secured a suspended sentence for the defendant, demonstrating his exceptional professional competence and a high sense of responsibility.

01 Case Overview: Illegal Sale of Fruit-Flavoured E-Cigarettes

This case is a typical instance of illegal business operations, centring on the unauthorised sale of fruit-flavoured e-cigarettes.

As a key figure in the logistics and transport chain, the defendant was charged with participating in illegal business activities involving nearly one million yuan, and faced severe legal penalties.

Faced with the prosecution’s sentencing recommendation of one year’s imprisonment, suspended for one and a half years, Attorney Ning Qian stepped up to the challenge and was determined to defend the defendant’s legitimate rights and interests.

02 Defence Focus: Factual Findings and Sentencing Considerations

During the trial, Lawyer Ning Qian adopted a pragmatic and precise defence strategy:

Clarification of the Facts: In response to the prosecution’s allegations, Lawyer Ning Qian conducted a comprehensive review of the evidence, pointing out that the absence of key logistics documents (such as courier tracking numbers) cast doubt on the determination of the amount involved. Although the court ultimately upheld the criminal facts, this defence argument provided an important reference for subsequent sentencing considerations.

Analysis of the Charge: Regarding the determination of the charge, Attorney Ning Qian argued that a distinction should be made between illegal transportation and illegal business operations, emphasising that the defendant’s actions pertained more to the transportation phase rather than a complete business operation.

Emphasis on the Role of an Accessory: Attorney Ning Qian successfully demonstrated the defendant’s secondary and auxiliary role in the joint criminal activity, providing strong support for the application of the accessory’s mitigating circumstances; the court gave this full consideration when determining the sentence.

Exploration of Sentencing Factors: Attorney Ning Qian not only highlighted the defendant’s voluntary surrender, admission of guilt and acceptance of punishment, and active restitution of illicit gains, but also specifically mentioned his physical disability. This demonstrated the lawyer’s in-depth understanding and comprehensive consideration of the defendant’s overall circumstances.

03 Court Judgment: Suspended Sentence and Fine

Following Attorney Ning Qian’s pragmatic defence, the court ultimately accepted several of the defence arguments and sentenced the defendant to one year’s imprisonment, suspended for one year, along with a fine of RMB 20,000. Furthermore, the illicit gains were lawfully confiscated and remitted to the state treasury.

This ruling was more favourable than the prosecution’s initial sentencing recommendation (one year’s imprisonment, suspended for one and a half years), reflecting both the authority of the law and the judicial system’s humanitarian concern.

04 Lawyer’s Reflections: Balancing Professionalism and Responsibility

Lawyer Ning Qian stated that the successful defence in this case was made possible by an in-depth analysis of the facts and a precise understanding of the application of the law. He emphasised that, as a criminal defence lawyer, one must not only possess a solid legal foundation but also a high sense of responsibility and a sense of mission to secure the most reasonable legal outcome for the defendant. At the same time, he reminded the general public to strictly abide by national laws and regulations and to refrain from engaging in illegal business activities to avoid crossing the legal line.

JAVY Law Firm will continue to uphold a professional, rigorous and responsible approach, providing clients with higher-quality and more efficient legal services, and contributing to the maintenance of social fairness and justice.