Lawyers
Peng SHEN
Guiyang Office- Office:
- Guiyang Office
- Languages:
- Chinese
- Practice areas:
- Criminal Defense · Intellectual Property
Biography
Lawyer Shen Peng, senior partner of Zhiheng (Guiyang) Law Firm, is deeply involved in the field of criminal defense and criminal prosecution. He is good at defending economic crimes, duty crimes, intellectual property crimes, and drug crimes. He has successfully defended not guilty and pleaded guilty. dozens of cases.
He is currently the deputy director of the Criminal Professional Committee of the Guizhou Lawyers Association, a member of the "criminal and evil" lawyer defense agency business steering committee, and a lawyer of the death penalty review expert database of the Ministry of Justice.
Affiliations
Deputy Director of Criminal Professional Committee of Guizhou Lawyers Association
Zhiheng Guiyang Management Committee Deputy Director, Equity Senior Partner.
Deputy Director of the All-China Criminal Law Committee of Zhiheng
Ministry of Justice Death Penalty Review Expert Library Lawyer
(Secretary-General of the Sixth Criminal Professional Committee of Guizhou Lawyers Association)
Honors
Advanced Individuals of Guizhou Lawyers Association 2018-2022 Special Committee;
In 2025 and 2026, Zhiheng National Criminal Leading Talent Training Camp Excellent Lecturers;
"Meritorious Person Award" on the First Anniversary of the Founding of Zhiheng National Criminal Committee"
Representative matters
Successfully conducted not-guilty and mitigating-charge defenses in dozens of cases.
1. Cases Involving the Company’s Owner in Economic and Property‑Related Crimes
1. Successfully secured an acquittal for a department manager of a pharmaceutical company in a bid-rigging case. In this case, a not-guilty defense was presented during both the investigation and the review-prosecution stages; after the case was returned for supplementary investigation, the public security organ withdrew the case.
2. Successfully secured an acquittal in a case involving the embezzlement of funds by the general manager of a cultural company, bribery of non-state personnel, and fraudulent loan acquisition. After the case was transferred for review and prosecution, and following a review of the case files, a not‑guilty defense was raised on all three charges. During the second period of remand for supplementary investigation, the defendant was released on bail; two months later, the bail was lifted, and the public security organ pursued all three charges.
All cases have been withdrawn.
3. Case of the general manager of a technology company for illegally absorbing public deposits. The defense argument, which sought a lighter sentence by emphasizing the protection of private enterprises and recommended that the procuratorate refrain from prosecution, was adopted, resulting in a decision not to prosecute.
4. Case of embezzlement involving the position of general manager at a certain mining company. The defense’s opinion was partially adopted, resulting in a lighter sentence.
II. Cases of Official Crimes
(1) Cases involving officials’ official misconduct crimes
5. Successfully secured a suspended-sentence defense for the county procurator in a case involving abuse of power, embezzlement, and bribery. The case was fully defended and fully defended at all stages of the proceedings; the amount of money lost as a result of the alleged abuse of authority and the amount of corruption was not clear and the evidence was not available, and the court was advised to exempt the abuse of authority and corruption from criminal proceedings.
As for punishment, it is recommended that a suspended sentence be applied to the offense of accepting bribes. The defense’s opinion was adopted, resulting in a lighter sentence and a suspended sentence, and the defendant was released.
6. Bribery case involving the deputy director of a city’s Development and Reform Commission. After the defendant signed the plea agreement, the defense’s recommendation during the trial stage to reduce the sentence was accepted by the court, resulting in a substantial reduction in the penalty.
7. A bribery case involving the Party Group Secretary of a certain commission (at the department-level). The defense’s opinion was partially adopted, resulting in a lighter sentence.
8. Bribery case involving the deputy director of a municipal transportation bureau. In this second-instance case, after reviewing the evidence, we submitted a defense opinion arguing that “certain facts were unclear and the original sentence was excessively harsh,” which was adopted by the court, resulting in a lighter sentence upon retrial.
9. The county Party secretary was charged with accepting bribes. The defense’s arguments were partially accepted, resulting in a lighter sentence.
10. A case in which the deputy county magistrate of a certain county is accused of accepting bribes. The defense’s opinion was partially adopted, resulting in a lighter sentence.
11. Bribery case involving a cadre at the vice-ministerial level in a certain unit. In this case, the defense focused on the properties under seizure, successfully preserving two residential units and securing a lenient sentence.
12. A deputy director of a certain county public security bureau is accused of bending the law for personal gain and accepting bribes. The defense’s opinion was adopted, resulting in a lighter sentence and a suspended sentence, and the defendant was released.
13. The case of a police station instructor of a county public security bureau bending the law for personal gain. After accepting the commission in the second instance, the defense argument that “the facts are unclear and the evidence is insufficient” was adopted, and the case was remanded for retrial. Following the retrial, the defendant received a lighter sentence and was granted probation.
14. The deputy chief judge of a certain county court has been charged with the crime of bending the law for personal gain. The defense’s opinion was partially adopted, resulting in a lighter sentence.
(2) Cases involving state-owned and private enterprise executives accused of official misconduct.
15. A manager of a company under the Chengdu Railway Bureau was charged with embezzlement. The indictment alleged embezzlement in excess of RMB 3 million. After reviewing the evidence, it was determined that some of the alleged facts were unclear and the evidence was insufficient; the amount of embezzlement supported by evidence was less than RMB 1 million. The court adopted the defense’s arguments, resulting in a reduced sentence.
16. Bribery case involving the general manager of a certain engineering company. In this case, the defense focused on sentencing factors, and the defense counsel’s arguments were adopted, resulting in a lighter sentence and a suspended sentence.
17. Bribery case involving the owner of a certain company (who, together with a deputy director-general of a government agency, accepted bribes totaling over ten million yuan). During both the review-prosecution and trial stages, we focused our defense on sentencing-related factors, and our defense arguments were adopted, resulting in a substantial reduction in the sentence.
18. Bribery case involving a director at a certain central state-owned enterprise. The amount involved in the case was nearly RMB 2 million. Most of the defense’s arguments were accepted, and the court sentenced the defendant to three years’ imprisonment, a significant reduction in punishment.
19. A case of embezzlement by a senior executive of a certain company. We were retained to represent the client at the court stage. After a thorough review of all the case evidence, we concluded that the conduct did not constitute a crime and therefore entered a plea of not guilty. Following the third court hearing, the procuratorate withdrew the prosecution.
3. intellectual property crime cases
20. The case of Luo Moumou counterfeiting registered trademarks and selling goods with counterfeit registered trademarks (the case of selling goods with counterfeit registered trademarks was successfully defended). At the hearing of the case, it was proposed that Luo only constituted the crime of counterfeiting registered trademarks, and focused on the defense of the amount involved. Defense
The intention was adopted, and the court was given a lighter punishment for the crime.
21. Case of Cheng Moumou for counterfeiting a registered trademark (counterfeiting the registered trademark of Moutai liquor). In this case, the defense focused on challenging the valuation of the counterfeit Moutai liquor, and the defense arguments were accepted, resulting in a reduced sentence.
22. The case of Zhang Moumou counterfeiting a registered trademark (counterfeiting a registered trademark of Maotai Liquor). During the trial, a focused defense was presented regarding sentencing factors; the defense arguments were adopted, resulting in a lighter sentence and a suspended sentence, leading to the defendant’s release.
4. Cases involving black-and-evil forces
23. Yang Moumou organized the case of leading a social organization. The indictment of the case charged Yang with a total of 16 charges, including the crime of organizing and leading a triad organization and the crime of provoking trouble. Some of the crimes in the case, including the crimes involved, were pleaded guilty, and four of them were accepted by the court.
24. Case involving Wang Moumou’s participation in a triad‑like organization, affray, and intentional injury. The defense’s opinion was partially adopted, resulting in a lighter sentence.
25. Case of a county court’s civil division chief for shielding and condoning an organization of a triad nature. The defense’s opinion was partially adopted, resulting in a lighter sentence.
26. Xie so-and-so gathering people to fight (involving related cases). The defense’s arguments were partially accepted, resulting in a lighter sentence, and Xie was granted temporary release from prison.
5. Avoid the death penalty
27. A case of intentional homicide involving a young person. On the grounds that domestic violence caused the killing and the victimization of the people were seriously at fault, the defense of a light punishment was adopted by the court, and the fixed-term imprisonment was given a light sentence, thus avoiding the death penalty.
28. A certain year was charged with intentional killing. After meeting with the client and reviewing the case files, we concluded that the case should be classified as intentional injury. At the trial, we argued for a lighter sentence on the grounds of causing death through intentional injury; part of our defense was accepted, and the defendant was sentenced to fixed-term imprisonment, thereby avoiding the death penalty.
29. The case of intentional killing of a man (the defendant was sentenced to a suspended death sentence). The second part of the case accepted the entrustment, in the second trial of the court, for its evidence of the defense was adopted, the sentence of imprisonment was changed.
30. A case of intentional injury (resulting in death). Pleading for a lighter sentence on the grounds that the victim bore serious fault and challenging the evidence, the defense counsel’s arguments were accepted, resulting in a reduced penalty of eight years’ imprisonment.
6. other criminal cases
(1) Dismiss the case
31. Successfully secured an acquittal for Li in a case of forcible indecency. During the investigation phase, the defense argument that Li was not guilty of forcible indecency was accepted, and the public security organ subsequently dropped the case.
32. Successfully defended Shu Moumou's crime of helping information criminal activities. The defense counsel’s opinion of innocence, submitted during the review and approval of arrest stage, was adopted; the procuratorate declined to approve the arrest, and the public security organ subsequently dropped the case.
33. Successfully defended the case of Zhang Moumou's legal operation. The case in the review of the arrest link proposed not to approve the arrest of the innocent defense was adopted, the procuratorate does not approve the arrest, the public security organs to withdraw the case.
(2) No prosecution or exemption from criminal punishment
34. Case of Zhang, for concealing and disguising proceeds of crime. During the review and prosecution stage, after a thorough examination of the case files, the defense argument that the facts were unclear and the evidence was insufficient, thus failing to meet the conditions for prosecution, was accepted, and the procuratorate decided not to prosecute.
35. Lin Moumou helped information on criminal activities. The case was entrusted at the stage of examination and prosecution, and after reading the papers, it was suggested that the defense intention of not prosecuting Lin was adopted, and the procuratorate did not prosecute.
36. Case of fraud involving Hou Moumou. The defense argument for a lesser charge was accepted, and the procuratorate decided not to prosecute.
37. Case of Tian Moumou for the sale of narcotics. At the stage of the court, the court accepted the entrustment and put forward the defense intention of "XX is an accessory in this case, only for help, and it is recommended to be exempted from criminal punishment" in the case, and the court exempted XX from criminal punishment.
(III) Probation
38. Case of Zhang Moumou’s sale of toxic and harmful food. In this case, a not-guilty defense strategy was employed to seek leniency from the court, which ultimately imposed a lighter sentence and granted a suspended sentence.
39. Deng Moumou opened a casino (alleging that the amount involved was nearly 3 million yuan). In this case, the defense focused on sentencing factors, and the defense counsel’s arguments were adopted, resulting in a reduced sentence and a suspended sentence.
40. A man's fraud case (house collection and purchase account, involving over 10 million dollars). In the process of examination and approval of arrest and examination and prosecution, "all relevant departments know that such cases are within the scope of national law adjustment and should not be evaluated by criminal law" to defend them. In the trial stage, the defense case was adjusted, and the defense case was focused on the particularity of such cases and the sentencing circumstances. The defense was adopted, the punishment was mitigated, suspended and released.
41. A man was charged with intentional injury (causing death). After accepting the entrustment, he carried out the whole process of defense and all-purpose defense in all stages of the lawsuit, believing that the case was caused by negligence, and assisted the family concerned to negotiate with the victim's family about the compensation, and obtained the victim's family's understanding; during the court session, he proposed that the case was caused by negligence to the court.
The defense of death was adopted, and the court changed the charge to a lighter punishment and sentenced the sentence to probation (three reprieves and five reprieves), and was released.
(IV) Actual reimbursement based on actual expenses
42. Xu Moumou (with two criminal records) case of obstructing public affairs. During the court session, it was proposed that the main reason for the case was that the police did not enforce the law in a standardized way. It was suggested that the defendant should be given a lighter punishment, which was adopted by the court and released after the case was pronounced.
(V) Mitigation of punishment
43. Li [Last Name] is accused of fraud. Most of the defense’s arguments were accepted, resulting in a reduced sentence.
44. So-and-so was charged with selling tobacco shreds for 750000 yuan (the procuratorate recommended a sentence of 5 years and 3). The court session focuses on the defense of evidence and sentencing circumstances, the defense is accepted, and the punishment is reduced (court sentencing 3 years 6)
45. Zhang Moumou was charged with concealing and concealing the proceeds of crime (the amount involved was nearly 200000 yuan, Zhang Moumou signed the "Declaration of Confession and Punishment" at the stage of examination and prosecution, and the lawyer on duty was present to testify, and the procuratorate recommended sentencing for 3 years). The case was entrusted at the court stage, and after reading the papers, it was concluded that Zhang Moumou had become self-employed, and before the hearing was held with the contractor.
The prosecutor communicated, put forward the procuratorate's proposal and did not consider the circumstances of the sentencing, the prosecutor adopted the meaning, re-negotiated the sentencing (1 year 8), and re-signed the "confession and punishment statement". The court adopted the defense’s argument and granted a reduced sentence.
Publications
- Enterprise Criminal Risk Prevention
- Standardized Criminal Defense and Practice Risk Prevention
- How to distinguish between contract fraud and ordinary fraud
- "Criminal Defense Court Skills"
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