Translator：Wang Qiyu

On March 24, 2021, a collaboration between Lawyer Ma Haoyu from Shanghai Landing Law Offices and Lawyer Hari Chandra Burlakoti from Jurist International Law Associate (P.) LTD in Nepal resulted in an acquittal for a gold smuggling case. Due to the pandemic's impact, the judgment was received only recently. Mr. Wang was released on the same day as the verdict.

Verdict: The evidence against Mr. Wang is insufficient, leading to an acquittal.

In February 5, 2020, our client, Mr. Wang, a Chinese national, was arrested in Nepal on charges of smuggling four kilograms of gold. On February 9, Mr. Wang's family contacted us, seeking assistance from Landing Law Offices to secure reliable legal representation for him in Nepal.

As Landing Law Offices has a memorandum of cooperation with Jurist International Law Associate (P.) LTD in Nepal, we immediately reached out to Lawyer Hari Chandra Burlakoti to act as Mr. Wang's defense attorney.

Lawyers Ma Haoyu and Hari Chandra Burlakoti discussed litigation strategies.

After taking on the case, we learned that Mr. Wang fell victim to the misappropriation of his passport information by criminals who used it to activate a mobile number for engaging in criminal activities. Initially, Nepalese customs apprehended an individual named Li suspected of smuggling four kilograms of gold into the country. Based on Li's confession, he had planned to hand over the smuggled gold to the owner of a certain mobile number upon entering Nepal. Coincidentally, that mobile number belonged to Mr. Wang.

We quickly realized that the evidence, including confessions from co-defendant Li, was insufficient to prove Mr. Wang's guilt. Moreover, Mr. Wang's family confirmed that he was not in Nepal during the time of the incident. We immediately began collecting evidence such as entry and exit records and credit card transactions to demonstrate that he was not present at the scene during the time of the incident. After careful consideration, we decided to present a defense of innocence on Mr. Wang's behalf.

The judicial system in Nepal differs from that of China. While China has specific time limits for each stage of judicial proceedings, the same is not strictly applied in countries following the Anglo-American legal system, including Nepal. In this case, there was no trial by jury; instead, a judge presided over the proceedings.

Lawyer Ma explained the relevant judicial procedures to the client's family.

Navigating Nepal's legal environment proved challenging. Our applications for release on bail and case dismissal were repeatedly rejected. However, through our persistent efforts, thoroughly demonstrating the insufficiency of the prosecution's evidence and the strength of our evidence, the court eventually accepted our defense arguments, acquitting Mr. Wang and releasing him on the spot.

Due to the pandemic and Nepal's inherently slow judicial process, Mr. Wang spent over a year in custody from his arrest until his acquittal. During this prolonged period, both Mr. Wang and his family experienced significant emotional distress. Enduring such a lengthy ordeal and handling the pressure was not an easy task.

Here, Landing Law Offices reminds all compatriots who may face criminal risks abroad to consider the following:

1. Trust your lawyer, not so-called "connections." A lawyer can provide reliable legal services, while seeking connections might lead to financial loss or even bribery charges.

2. Resist pressure. If you haven't committed the alleged offense, never admit guilt. Admitting guilt will negate all previous efforts.

3. If you encounter criminal risks abroad, contact us immediately. Shanghai Landing Law Offices has multiple branches overseas and maintains extensive cooperative relationships with reliable law firms worldwide. We promise to do our utmost to safeguard your legal rights.

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