Achievements | Zhonglun W&D Partner Jie Yao Secures 150% Sentence Increase for Defendant in Retrial of Victim-Initiated Appeal

 

In August 2022, a retrial was ordered for a case involving crime of picking quarrels and provoking trouble quarrel, after the judicial committee of a local People’s Court determined that the original criminal judgment contained definite errors. The retrial was initiated based on an application filed by the victim, who was represented by Zhonglun W&D Law Firm Partner, Attorney Jie Yao. After nearly a year of arduous litigation, the People’s Court issued a final second-instance judgment in August 2023, increasing the criminal offender’s sentence by 150%.

The retrial was first conducted following first-instance procedures. During the trial, the procuratorate’s public prosecutor appeared in court, the defendant was represented by appointed defense counsel, and Attorney Jie Yao participated as the representative of the victim. Since the retrial was initiated by the People’s Court, and the People’s Procuratorate had not filed a protest, the public prosecutor maintained the original conviction and sentence. The defense counsel similarly argued for upholding the original conviction and sentence. Consequently, on the key issues of conviction and sentencing, the public prosecutor and the defense counsel shared the same position, requiring Attorney Yao to argue against both during the trial.

 Regarding the conviction, Attorney Yao, citing judicial interpretations from the Supreme People’s Court and the Supreme People’s Procuratorate and analyzing the case specifics, thoroughly elaborated on the defendant’s subjective intent. Addressing the defense’s argument of “Excessive Crime”, Attorney Yao not only submitted similar precedent cases adjudicated by the Supreme People’s Court to demonstrate that this case did not constitute “Excessive Crime”, but also further argued the legal basis for this conclusion based on the latest theories in criminal law jurisprudence. Concerning the sentence, Attorney Yao emphasized the significant social harm caused by the crime and the substantial injury inflicted upon the victim, clearly stating that the original sentence was inappropriately lenient. Ultimately, the retrial court’s first-instance judgment supported Attorney Yao’s arguments, altering the conviction and increasing the sentence by 150%.

The defendant appealed the first-instance judgment. During the second-instance trail, the procuratorate sent a representative to support the public prosecution, the appellant (defendant) continued to be represented by defense counsel, and Attorney Yao appeared in court as the victim’s representative. In the second instance, the procuratorate agreed with the change in conviction but disagreed with the new sentence imposed in the first instance, while the defense counsel still insisted on the original conviction and sentence. Thus, in the second instance, Attorney Yao again had to counter the arguments of both the public prosecutor and the defense counsel. During the trial, in response to the appellant’s retraction of their original confession, Attorney Yao used facts admitted by the appellant to further demonstrate the requisite elements of the appellant’s criminal intent. Finally, the second-instance court issued a final judgment upholding the first-instance decision.

This case involved a finalized criminal judgment. Guided by a lawyer’s sense of social responsibility and professional ethics, Attorney Yao handled the case strictly in accordance with the law. In terms of the offender’s subjective elements, he adhered to the principle of seeking truth from facts, arguing that the defendant constituted indirect intent rather than broadly stating it was intentional, thereby contributing to the fair adjudication of the case. Regarding the criminal incidental civil compensation, with Attorney Yao’s assistance, the victim received the compensation they were entitled to. Attorney Yao’s meticulous preparation, pursuit of excellence, and full dedication led to positive legal and social outcomes. During the case, the firm’s Director Yuqin Xia provided crucial support by coordinating with the client and offering guidance, forming a strong foundation that contributed significantly to the successful outcome.

 

Attorney Profile

Jie Yao    Partner

Tel: +86 159 0103 9843

Email: yaojie@zlwd.com 

Jie Yao is a practicing lawyer and partner at Zhonglun W&D Law Firm. He serves as an expert committee member of the Real Estate Chamber of Commerce under the All-China Federation of Industry and Commerce and as a council member of the Chinese Society of International Economic Law. He holds a Ph.D. and a Master’s degree in Law from Renmin University of China, as well as a Master’s degree in International Business Law from the University of Montreal, Canada. With an academic background in civil engineering, his legal practice focuses on construction engineering, real estate, and criminal defense. Previously, lawyer Yao worked at the People’s Procuratorate of Beijing Municipality and the Supreme People’s Procuratorate of the People’s Republic of China, where he received multiple commendations for his outstanding professional performance. Since transitioning to private practice, he has provided long-term and specialized legal services to government departments in Beijing, as well as dozens of listed companies and large enterprises. He has represented hundreds of high-profile litigation cases, achieving significant social impact and favorable legal outcomes.

Specializing in construction-related legal matters and criminal defense, lawyer Yao leverages his dual expertise in engineering and law. With over two decades of experience in construction law, he excels in resolving complex legal issues in the field. Additionally, he has extensive experience in handling criminal cases, emphasizing the integration of theory and practice. A diligent thinker, he has published dozens of papers at domestic and international conferences and in academic journals.