Recently, a suspected case of smuggling ordinary goods, handled by the team of Zhou Junwei, senior partner at Beijing Long’an (Guangzhou) Law Firm, resulted in the client being released on bail pending investigation at the arrest review stage after professional defense and multiple rounds of communication with the authorities. The case ultimately concluded with a non-prosecution decision at the prosecution review stage, achieving a favorable defense outcome.
The client had bid for ancient calligraphy, inkstones, and other artworks through an overseas auction platform and entrusted the platform to adopt a “tax-inclusive and customs clearance-inclusive” import model. The value of the goods involved was several million yuan, and the verified evaded tax met the threshold of “huge amount”, corresponding to a statutory sentencing range of three to ten years’ imprisonment, making the defense particularly challenging.
After taking over the case, the legal team established a tiered defense strategy: first, to prioritize obtaining bail pending investigation during the investigation stage, and second, to strive for non-prosecution at the prosecution review stage. During the proceedings, the defense focused on the criteria for identifying the cargo owner as an accessory in “tax-inclusive” smuggling cases. Based on the evidence as a whole, the defense clarified the boundary between the client’s civil act of merely paying the tax-inclusive fee and the criminal acts of evading customs supervision, such as falsely declaring product names and underreporting prices. The defense argued that the client did not participate in the core smuggling links and had no actual control or leading role in the smuggling process, and thus should be deemed an accessory in the joint crime. In addition, the defense fully presented the client’s multiple statutory mitigating circumstances, such as truthful confession, and engaged in rational and professional communication with the prosecutor in charge.
After a comprehensive and meticulous review of the case files, the procuratorial organ fully adopted the defense team’s opinions. Taking into account the client’s multiple statutory mitigating circumstances and balancing legal application with the social effect of the return of cultural relics, the procuratorate ultimately decided not to prosecute.
This case fully demonstrates the positive role of professional criminal defense in protecting the legitimate rights and interests of clients. Through precise legal reasoning and pragmatic strategic adjustments, the Long’an Guangzhou defense team secured the best possible outcome for the client within the legal framework, achieving the unity of legal and social effects.
Looking ahead, Long’an Guangzhou will continue to deepen its practice in criminal defense and criminal risk prevention, safeguarding the legitimate rights and interests of every client with professional competence and a sense of responsibility. At the same time, leveraging Long’an lawyers’ multidisciplinary expertise in customs, taxation, bankruptcy reorganization, and other areas, the firm will provide enterprises with more forward-looking criminal risk prevention legal services to support their steady and sustainable growth.