400-700-3900

National Toll Free:

400-700-3900

Xu Wei and He Shunqi acted in the case of scalper plug-in ticket snatching, and the developer of the plug-in has not been approved for arrest
Released on:2024-12-12

Recently, King&Capital Law Firm's Xu Wei team handled the case of S suspected of destroying computer information system, due to the timely intervention of lawyers, the client was not approved for arrest during the review of arrest, and then obtained bail. The lawyer's work achieved effective defense results.

In the second half of 2024, the Ministry of Public Security launched a special action to combat ticket scalping, and public security around the world investigated a number of cases of using external plug-ins to steal tickets. In this case, S, a technology developer, helped others develop a ticket-snatching plug-in, and was therefore suspected of criminal detention for the crime of destroying computer information systems. The developer of the plug-in often plays an important role, and if found to be the main culprit, he could face a prison sentence of 5 to 15 years.

The lawyer team intervened in the case during the review of the arrest, after accepting the commission, through the analysis of the information obtained from the meeting, the lawyer believes that there are several points worth noting, first, whether the case should be characterized as the crime of destroying the computer information system, according to the technical principles described by the parties, it is difficult to determine whether it is a substantial interference with or damage to the system, and the scalping team are all for the purpose of profit-making, the subjective will not produce the destruction of the system intentionally,. The lawyer believes that the characterization may be erroneous. Secondly, whether the person concerned belongs to the main offender, although the plug-in itself plays a larger role, but the interference or damage to the system is caused by the use of the plug-in, the person concerned only helped to develop and did not take the initiative to use the plug-in, but also did not share the profits from the ticket snatching, and did not organize and coordinate the behavior of the accomplices, the lawyer believes that even if it constitutes a crime, it should be an accessory to the crime, and the punishment can be mitigated. Thirdly, whether the person concerned is the existence of surrender, after understanding, although the person concerned was taken away from home, but before going home has been informed by the family of the fact that the police boarding, the lawyer thinks that there is the initiative to surrender behavior, there may be the surrender of the circumstances.

Comprehensive analysis, the lawyer collects the person concerned to surrender the evidence material and write a lawyer's opinion not to approve the arrest of the case to the authorities in time to apply for not approve the arrest of the procuratorate did not agree with the public security organs of the arrest, the person concerned to go home and family reunion, the case has obtained the results of the stage of the defense.

Scalpers maliciously seizing important tickets to profit from the behavior has caused strong public reaction, so the Ministry of Public Security organized this special crackdown. There are two main categories of people in the scalper group, from the means of implementation, one is manual ticket snatching and the other is external ticket snatching, and from the means of earning a living, one is full-time and the other is part-time. There are a lot of people think guilty only plug-in ticket, full-time ticket, manual and part-time ticket does not belong to the crime, but the lawyer believes that if the purpose of profit-making, not their own use but to help others to grab the ticket, there is still a risk of crime, judicial practice has been a part-time manual ticket actors suspected of provocation or illegal business crime was taken criminal coercive measures, or was sentenced to law and order punishment. Lawyers suggest not to rob tickets as a means of livelihood to avoid the risk of falling into the illegal and criminal.