Former judge gets free sentence for buying 2 BB guns
One day in April 2014, Lu, a deputy section chief of the legal affairs office of a county government in Zhejiang province, was arrested by the police as he was boarding a flight to attend a classmate's party.
Lu questioned whether the police made a mistake in the object, the police asked whether he bought "gun" on line.
Lu, a master's student in law at a key university, joined the Communist Party of China at school. After graduation, He passed the judicial examination and was transferred to the legal department as deputy section chief in a county court.The specific kinetic energy of the two BB guns was identified as 8.5 joules/cm2 and 7 joules/cm2.
Lu was later sentenced to three years imprisonment suspended for three years by Hangzhou Intermediate People's Court for illegally buying and selling guns.
If the ruling stands, Lu will be expelled from the Communist Party of China and barred from legal work.After our intervention in the second trial, we pleaded not guilty. After many efforts, Zhejiang High People's Court changed the judgment and exempted he from punishment on April 18, 2016.
The effective defense of similar cases not only restored nearly 200 years of freedom, but also created the conditions for the Supreme People's Court and The Supreme People's Procuratorate to issue new regulations on low-specific kinetic energy gun cases in March 2018.
前法官买两支BB枪案二审改判免罚
2014年4月的一天,浙江某县政府法制办副科长吕某准备飞赴外地参加同学聚会,在登机时被警方抓捕。吕某质问警察是否搞错了对象,警察反问是否在网上买过“枪”。
吕某系某重点大学法律系硕士研究生,在校就入了党。毕业后通过了司法考试,先在某县法院后调至法制部门任副科长,获得诸多奖励。
经鉴定,两支BB枪的比动能为8.5焦耳/平方厘米、7焦耳/平方厘米。其后吕某被杭州中院以非法买卖枪支罪判处有期徒刑三年缓刑三年。此判决若生效,吕某将被开除党籍公职且无法从事法律工作。
我们介入二审后,进行了无罪辩护,经过多方努力,浙江高院于2016年4月18日改判免予处罚。对类似案件的有效辩护,累计约挣回自由约200年上,也为两高于2018年3月出台低比动能枪案新规创造了条件。