Lawyer Xie Tongxiang has made great achievements in the field of criminal defense. He paid special attention to the combination of theory and practice in the process of legal practice, and accumulated extremely rich practical experience in many legal fields. Especially in criminal defense, major economic crimes, violent crimes, major civil and commercial disputes defense and other fields. Lawyer Xie Tongxiang has formed a set of ideas and methods for handling cases through handling a large number of cases, and has made a lot of remarkable achievements in practical work, such as acquittal, commutation of death sentence, disapproval of death sentence, withdrawal of charges, bail pending trial, and instruction for retrial. Among the hundreds of legal cases he handled and the legal services he provided, the most influential ones were:

First, the second-instance defense of Li Youbin's kidnapping causing death.

In 2005, Li Youbin and * * * kidnapped Zhang Moumou, causing Zhang's death. The Intermediate People's Court of Lianyungang City, Jiangsu Province made No.047 criminal incidental civil judgment, found Li Youbin and Li Xiangyang guilty of kidnapping, and sentenced Li Youbin and Li Xiangyang to death.

The verdict: Li Youbin was kidnapped to death in the second instance, and Xie Tongxiang served as the sole defender. On June 6, 2006, the Higher People's Court of Jiangsu Province made a criminal judgment (2006) No.0038, and adopted Xie Tongxiang's defense opinion that "Li Youbin has made meritorious service and the original judgment sentenced Li Youbin improperly", so he was sentenced to death with a two-year suspension of execution.

Second, the Sino-Russian transnational drug trafficking case Jewel Lee drug trafficking defense (Jewel Lee drug trafficking case involved 4,459 grams of ice and other drugs)

On June 28th, 2008, 14, the defendant's transnational drug trafficking case was opened. As a defender, Xie Tongxiang appeared in court for three consecutive days to defend President Jewel Lee. The court adopted Xie Tongxiang's defense opinion and sentenced Jewel Lee, the principal offender, to two years' probation. Guan Hui, an accomplice, was executed on February 20 10. This case was announced by the Supreme People's Court as four typical cases of drug crimes in China. It was the first transnational smuggling and drug trafficking case uncovered by the anti-drug police of the two countries after the signing of the Protocol on Combating Drug Crimes in Border Areas at the ministerial meeting between China and in 2005.

3. People's Republic of China (PRC) and the Supreme People's Court refused to approve AARON Li's death penalty for murder and robbery, and suspended the execution of the death penalty for two years.

The Heilongjiang Provincial High Court found that the taxi driver killed passenger Qin and robbed property, which constituted the crime of intentional homicide and robbery. AARON Li's crimes are particularly bad, especially serious and extremely dangerous to society. He was sentenced to three years in prison for robbery, and less than one year after his release, he committed murder and robbery again, seriously endangering society. He is a recidivist and should be severely punished according to law, so he was sentenced to death.

In the review stage of death penalty in People's Republic of China (PRC) and the Supreme People's Court, AARON Li entrusted lawyer Xie Tongxiang as defense lawyer. The Supreme People's Court adopted lawyer Xie's defense opinion that "his wife Pan provided clues to solve the case to the public security organs, and the victim was at fault, which can be regarded as a lighter punishment as appropriate", and refused to approve the death penalty and sent it back for retrial. On 20 10, 12, Heilongjiang Provincial High Court sentenced AARON Li to a two-year suspension of execution.

4. Ke Wen, who kicked the policeman to death, was sentenced to death by People's Republic of China (PRC) and the Supreme People's Court for intentional homicide, and his sentence was commuted according to law.

This case is a typical black and evil criminal case supervised by the Public Security Department of Heilongjiang Province and notified by the whole province.

At about 2010 65438+1October 3 1 20, Wang Song Garden and others beat Ma to death in KTV, No.28 Xinjiang Street, Pingfang District, Harbin, because of an altercation with the victim Ma. At the same time, it was found that Ke Wen and others were released from prison or unemployed. Since February 2008, they have gathered together and illegally purchased controlled knives, pickaxes and other weapons for the purpose of illegally enriching money and dominating one side. They have carried out a series of illegal and criminal activities in the bungalow area, suspected of intentional homicide, trouble-making, obstruction of official duties and intentional injury. In September of that year, the Municipal Intermediate People's Court made a first-instance judgment on this case, and sentenced the defendant Ke Wen to death and deprived of political rights for life for the crimes of intentional homicide, provocation and intentional injury. The original judgment was upheld in the second instance and submitted to the Supreme Court for approval.

The Supreme People's Court adopted lawyer Xie Tongxiang's defense opinion in the case of his death, and made a criminal rulingNo. on August 2, 20 13. People's Republic of China (PRC) * * and the Supreme People's Court (20 13)No. 19600769, rescinding the ruling of Heilongjiang Provincial High Court (20 12) that Ke Wen kicked a policeman to death for intentional homicide and sentenced him to death immediately.

On June 8, 20 13, 10, the court suspended the death penalty of Ke Wen for two years and commuted his sentence. On June 20 16, the court ruled that Ke Wen was reduced to life imprisonment.

Five, "Inner Mongolia drug dealers received a mother's kidney donation and were sentenced to death in the first instance, and the second instance was suspended" (abstract)

Xinhuanet and People's Daily reported that Beijing lawyer Xie Tongxiang received the final judgment of Wang Chengcheng case in Baotou. The Inner Mongolia High Court found that the appellant Wang Chengcheng had indeed repented and made meritorious deeds, and sentenced him to a suspended execution according to law.

Previously, Wang Chengcheng received his mother's kidney transplant while he was on bail pending trial, but later Baotou Intermediate People's Court sentenced him to death, which caused controversy.

Mother was sentenced to death after donating her kidney.

In February this year, the media reported the case of Wang Cheng in Baotou. Wang Chengcheng is 28 years old. He suffered from uremia and was arrested three times for drug trafficking.

Due to his serious illness, Wang Chengcheng was released on bail after being arrested three times. After her condition deteriorated, her mother Liu Li (a pseudonym) decided to donate her kidney to her son for surgery.

Wang Chengcheng successfully changed his kidney. After the judgment of the first instance was issued, Wang Cheng's family members had great opinions and thought that "the kidney was donated, the money was gone, the kidney was gone, and the son was gone". Subsequently, Wang Chengcheng appealed.

The death penalty was reduced to two years in the second instance.

The Higher People's Court of Inner Mongolia held that Wang Chengcheng was still unrepentant during his bail pending trial and continued to sell drugs many times. Its subjective malignancy is deep and social harm is great, so it should be severely punished. However, since he was arrested and brought to justice, he confessed the facts of the crime truthfully and pleaded guilty. At the same time, considering that Wang Chengcheng can not only truthfully confess his crimes, but also voluntarily confess the online information and contact information of drug crimes, he does show repentance and meritorious service, and may be sentenced to death without immediate execution.

The final judgment showed that Wang Chengcheng was sentenced to death with a two-year suspension.

According to Wang's father, he accepted the final judgment in the detention center, and he was "very happy" with the result of reprieve, and expressed his willingness to make a good reform. Wang Chengcheng's mother also dispelled the worry that "the kidney was donated for nothing". Family members will negotiate with lawyers to apply for medical parole.

6. Zhang×1Not guilty of intentional injury.

Appellant (defendant in the original trial) Zhang×1,male.

Defender Xie Tongxiang

Our hospital formed a collegiate bench according to law and heard the case in public. Tian Shen, the attorney of the Second Branch of Beijing Municipal People's Procuratorate, and Zhang X1and his defender Xie Tongxiang appeared in court to perform their duties. Now the trial has ended.

We believe that the fact that the original public prosecution agency accused Zhang×1and the judgment of the court of first instance found that Zhang×1committed the crime of intentional injury was unclear and the evidence was insufficient, so the judgment should be revised and Zhang×1should be acquitted according to law. Xie Tongxiang, the defender of Zhang×1,put forward relevant defense opinions, which were adopted by our hospital.

In accordance with the Criminal Procedure Law, our court made the following judgment:

The appellant (defendant in the original trial) Zhang×1not guilty.

The People's Daily reported that the suspected colleague of the security guard was acquitted of four fractures and was awarded 654.38+10,000 yuan.

Xie Tongxiang, Zhang's defender and Beijing lawyer, believes that the facts in the original judgment were unclear and the evidence was insufficient. Pan's right metacarpal fracture was not caused by Zhang. According to the legal principle of no doubt, he asked the court to pronounce Zhang innocent.

On June 19 this year, the Second Intermediate People's Court adopted Xie Tongxiang's relevant opinions and finally acquitted Zhang.