Recently, the Kyoto law firm Xu Wei lawyer team handled a live platform suspected of fraud, because the lawyer intervened in the proper defense, the whole case the client in the review and prosecution stage to obtain bail and get probation processing recommendations, the lawyer's work presents a stage of effective defense.

Since 2022, all over the country have live broadcasting platform was arrested, sentenced, involved in most of the crimes related to fraud, obscene performances, gambling, money laundering, chaos until the explosion. Due to the live platform is still a new thing, in the modus operandi of a certain degree of covert, so many case authorities in handling such cases are easy to legal and formal live platform and suspected of criminal live platform to be confused, resulting in inaccurate application of the crime, inappropriate sentencing and other phenomena, which also gives the lawyer's defense work has brought a certain amount of space and challenges.

In this case, the live platform involved in the probability of the game, due to the operators often manually adjust the probability of the game, so the case authorities believe that the behavior is suspected of fraud and the amount of money is particularly huge, the lawyer acting as the platform boss, the number one figure in this case, should be sentenced to more than 10 years of imprisonment.

The lawyer team intervened in this case after the client was arrested, after accepting the commission, by analyzing the information obtained from the meeting, the lawyer thinks that there are several points worth noting, firstly, whether this case should be characterized as a crime of fraud, according to the content of the client's description, the lawyer thinks that the investigating authority's idea of handling the case and the direction of the evidence collection has a certain deviation, and there may be a problem of characterizing the gambling case as a case of fraud, if the platform adjusts the probability of the game only to protect the player's game experience, and the amount of money should be more than 10 years. If the platform adjusts the probability of the game only for the purpose of safeguarding the players' gaming experience rather than directly cheating them to obtain property, it should not be recognized as a crime of fraud. Secondly, the person concerned may have surrendered, the person concerned had received a telephone summons from the police before arriving at the case, knowing that the police can stay in place and wait for the arrest of the police summons, it can be recognized that there are active surrender circumstances, combined with the fact that the person can truthfully confess the main facts of the crime after arriving at the case, the lawyer believes that the person should have surrendered and can be mitigated punishment.

When the case is transferred to the examination and prosecution, the investigating authority will change the crime to open a casino, the prosecuting authority also recognizes the change of the crime, the focus of the case focuses on the illegal proceeds of the illegal proceeds of the illegal proceeds of the illegal proceeds of the illegal proceeds of the illegal proceeds of the illegal proceeds and the self-surrender circumstances and the feasibility of probation. The parties on the issue of illegal income there are contradictory confessions, the prosecuting authorities believe that the parties have retracted their confessions, and did not actively surrender the illegal income will be difficult to identify the circumstances of the surrender, change the charge is still recommended to more than 5 years of imprisonment, the defense believes that the existing evidence is difficult to form a chain of evidence, the need for further verification of the amount of illegal income, the parties are willing to surrender the premise that the case has been objective The defense argued that the existing evidence made it difficult to form a chain of evidence, and that further verification of the amount of illegal proceeds was needed, and that the party's willingness to surrender was premised on the fact that the case had been objectively determined. Through repeated written and oral negotiations, the Procuratorate adopted the views of the lawyer, reducing the amount of millions of dollars of illegal income identified, and ultimately the parties voluntarily admitted guilt and signed a written statement, and voluntarily surrendered all the proceeds of the law, the prosecution took into account the harmfulness of the case and the circumstances of the parties to the application of probation recommendations, and on the same day, for the persons involved in the case for the whole number of the bail, the case to obtain the results of the milestone.

2019 to 2022 is the live platform of the savage growth of a few years, lawyers believe that down the road the state on the live platform to cover the illegal and criminal behavior of the crackdown will not slacken, entrepreneurs in the field of optimistic about the future prospects for development at the same time, but also pay attention to the market positioning of the product, can not be speculative, hold a fluke, the platform occurs within the illegal and criminal behavior of the turn a blind eye to, there have been Countless judicial cases have conveyed the signal that live broadcasting platforms have strong regulatory obligations, or else they may bear the corresponding criminal liability.