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Mr. Li Zhiguang and Mr. Ning Yu of King&Capital Law Firm effectively defended a case of illegally obtaining computer information system data, infringing on citizens' information,  and co
Released on:2023-04-10

In September 2022, Party A was arrested by a local public security organ for the crime of opening a casino and later arrested for the crime of opening a casino, the crime of illegally obtaining computer information system data and the crime of infringing on citizens' personal information due to the error of obtaining a large amount of virtual currency through the blockchain gaming program, and the case involved more than 40 million yuan of illegal proceeds, and Party B (A's sister) was also arrested by the public security organ for the crime of disguising or concealing the proceeds of crime. Compulsory measures were also taken by the public security authorities for the crime of concealing and concealing the proceeds of crime, and the whole case involved four people in custody, all of whom were A's relatives and friends.

Review and prosecution stage, Li Zhiguang, Ning Yu lawyers involved in the case, the trial stage Li Zhiguang lawyer as the first defendant A's defense, Ning Yu lawyer as B's defense. Through the persistence and efforts of the two lawyers, the court of first instance pronounced a suspended sentence for all defendants in the case.

I. Breaking through the difficulty of meeting with the prosecutors during the epidemic and communicating with them in detail

This case is located in the border, transportation difficulties, especially in the second half of 2022, the new crown epidemic challenge is severe, the local nearly suspended all meeting activities. Li Zhiguang, Ning Yu lawyers intervened, broke through many obstacles, went to the location of the case-handling organs, affirming the right of the defenders to meet in accordance with the law, through the procuratorial supervision procedures, to protect the rights of the defense lawyers to meet with the client in the first time successfully met with the client.

After the end of the meeting, the two lawyers quickly on the case to make research and judgment, that the whole case is unclear, insufficient evidence, should do not prosecute, so overnight legal opinion, the first time to submit to the contractor prosecutor, and with the contractor prosecutor to carry out a detailed and full communication. A week later, the case was returned for additional investigation.

Second, the detailed study of the Internet frontier technology issues, accurate analysis of Internet crime dispute focus

In this case, although the suspects involved in different crimes, but all originated from the party A through the blockchain program loopholes to obtain virtual currency behavior, the behavior involves the blockchain technology, virtual currency trading, meta-universe games and other cutting-edge Internet technologies, to the lawyer's work has brought new challenges, and the accurate legal characterization of this case should be the first to solve the problem.

Accurate legal characterization depends on the analysis of the basic facts, Li Zhiguang, Ning Yu lawyers after in-depth study of the background of the case, collect the global virtual currency towards the information, another registered party A involved in the meta-universe game account, an in-depth understanding of the nature of the blockchain, the meta-universe game, the game operation mechanism and system management mode and other core elements, summarized the focus of the case dispute.

On the basis of the focus of the dispute, the two lawyers once again conducted detailed consultation with professionals such as practitioners of Internet factories, network security experts, etc., and formed a complete defense idea against the act of opening a casino and illegally obtaining computer system data. At the same time, the team lawyers for the crime of concealing the proceeds of crime held a case analysis meeting, the seminar came to a unanimous conclusion, B does not have the subjective knowledge required by the crime, the crime can not be established.

Third, the defense has made progress, accurate discovery of a number of favorable facts

The case was returned once for supplementary investigation after the expiration date, the prosecuting authority re-examined the case, and through written and verbal communication, the prosecuting authority partially adopted the opinions of the defense lawyers, and cancelled the charge that A constituted the crime of opening a casino, and the case made stage-by-stage progress. Subsequently, the procuratorial authorities filed a public prosecution with the People's Court on the charge that A constituted the crime of illegally obtaining computer system data and the crime of infringing on citizens' personal information.

During the trial stage, the defense discovered through repeated reading of the case file that the procuratorial authorities had omitted an important sentencing circumstance, and that Defendant A had the special circumstance of surrender. Although Defendant A was apprehended by the public security authorities, but at that time, the crime based on the arrest was not established, at the same time, Defendant A took the initiative to explain the illegal acquisition of computer system data that the case-handling authorities do not grasp the behavior. Therefore, under the premise of the crime is established, A should also have surrender circumstances.

At the same time, the defense understands, the prosecutor accused A constitute infringement of citizens' personal information crime, the case involves a number of people, in addition to A have been dealt with in a separate case, the defense through the multi-party understanding of the evidence, and ultimately confirmed that the relevant people have been not prosecuted. The same case with the same sentence, and A in the joint criminal behavior is less serious, should not be sentenced.

Fourth, meticulous defense successfully persuade the court, justified the whole case finally received a suspended sentence.

Li Zhiguang lawyer for the whole case to do not guilty, in the face of the prosecution put forward a number of charges, Li Zhiguang lawyer one by one crime to start the defense. For the core of the case, the crime of illegally obtaining computer information system data, the defender of the blockchain decentralization, the nature of the public chain and other core qualitative issues to make a detailed explanation, and explain in detail the defense of innocence and opinions. While defending the entity, the defender also put forward the sentencing circumstances omitted by the prosecuting authorities, i.e., the person concerned constitutes a self-surrender, and the alleged accomplice of the crime of infringing on the personal information of the citizens has already not been prosecuted, and other circumstances. Most of the defense's opinions were adopted and supported by the court.

Mr. Ning Yu made a detailed argument on the core issue of whether client B "knew" the crime, and submitted several pieces of evidence to confirm that B did not "know", and at the same time pointed out the problems in the interpretation of the law by the prosecuting authority, and conducted the defense of innocence.

After the trial committee discussion decision: