Chang was sentenced to four years and two months' imprisonment for opening a casino, through the professional and refined defense of Mr. Zhang Sijia, the second trial was sent back for retrial on the grounds of unclear facts and insufficient evidence, and the court reduced the amount of illegal income from 3,570,000 RMB to 920,000 RMB after the retrial, the amount of illegal income was found to have been reduced by about 75%, and found that Chang was an accessory to the offense, and Chang's sentence was also adjusted downward to three years and two months' imprisonment, which has resulted in a better defense result. The defense achieved better results.

Basic Case

 The Procuratorate alleges that between 2017 and 2018, Chang Mou, in order to seek illegal benefits, knowing that “Peach Blossom Island, Fengshen International” and other APPs or platforms are gambling websites, organized gambling through WeChat or directly or indirectly invited Wu Mou and 27 other people to gamble on the abovementioned gambling websites. During the period of organizing others to gamble, Chang Mou used other people's identity information to register WeChat accounts, collected gambling funds for gambling websites and recharged points for gamblers on gambling websites, thus making a profit, collecting gambling funds of about 5 million yuan, and determining that Chang Mou's illegal income was 3.57 million yuan.

Defense focus

 ZhangShiJia lawyer after accepting the commission, carefully study the case file materials, many times to meet with the parties to understand the details of the case, take the initiative to the relevant personnel to collect evidence, face to face with the contractor prosecutor, the judge to communicate the defense opinions, in the systematic research, full argumentation based on the case found that the opening of casinos is not sufficient evidence and the amount of illegal income is determined to be wrong, and then determined to the innocence of the defense as a breakthrough point, the defense. At the same time the sentencing defense to do a solid overall defense ideas.

01

 found that the website involved in the gambling website evidence is insufficient, there is no sufficient evidence to prove that Changmou know that the website is a gambling website, there is no evidence to confirm that Changmou is a gambling website agent and through the development of subordinate agents to attract gamblers to accept bets in order to make profits, there is no evidence to confirm that the appellant Changmou to help the gambling website to collect the gambling money behavior.

It is recognized that the gambling website needs to be surveyed by the network security department of the public security organs or appraised by the relevant appraisal institutions to prove that the corresponding website and APP are software with the functions of account login, up-scoring (topping up requires contacting the player on line), betting (wagering), chip transfer, and down-scoring (withdrawing cash requires contacting the player on line), and so on. However, this case involves all network gambling platform has been unable to log in, and did not grasp the gambling platform login URL, so in the investigation process of the case involved in the website page, Internet records, e-mail and other data can not be extracted and fixed, so the case does not have the corresponding survey and appraisal evidence. At the same time, there is no objective, real account betting screenshots and other electronic data to confirm that Chang Mou is an agent, because Chang Mou himself is also involved in gambling, the evidence in the case can not be confirmed by the amount of money Chang Mou profits and the source of profits.

02

 even if it is determined that Changmou constitutes the crime of opening a casino, the amount of illegal income of 3570087 yuan is determined incorrectly, and the corresponding audit report and appraisal opinion should not be accepted.

The original first trial for the transfer to Chang someone and his wife's account 3145537.76 yuan and 472250 yuan two funds are considered to be Chang's illegal income. After the defense review, carefully checking each receipt record, found that the original first instance found that 3145537.76 yuan illegal income is wrong calculation. Among them, 2,803,709 yuan Changmou has been transferred to the website platform, not Changmou income. The retrial court adopted the views of the defense, for the illegal income from 3570087 yuan down 922037.76 yuan. In addition, the defense at the same time pointed out the Audit Appraisal Opinion cited in the legal basis has been invalidated, the opinion does not have the legitimacy, should not be admitted.

03

 Even if it is found that Chang Mou constitutes the crime of opening a casino, Chang Mou should be recognized as an accessory in the joint crime.

Changmou is not the establishment of the website, and does not accept bets from gamblers, nor has he invested in the gambling website and participated in the profit sharing, he did not participate in the daily management of the gambling website, and does not have the right to decide on the website's capital operation, management, and sharing. Changmou is only to help 27 people to recharge behavior. Therefore, Changmou belongs to the crime of opening a casino to help offenders, and in the joint crime with the upstream gambling website organization and operator, Changmou plays a secondary role, belongs to the opening of a casino to help offenders, and should be recognized as an accessory according to the law.

Defense effect of

 the case, the court of first instance judgment that often constitute the crime of opening a casino, is the agent of the website, belongs to the joint crime, in this case play a major role and key role, does not meet the determination of accessory, sentenced to four years and two months of imprisonment. Through the defense of Zhang Sijia lawyer, the second trial court remanded the case for retrial, after the remand, the court changed the sentence to find Chang as an accessory, the illegal income down to 922,037.76 yuan, and will be sentenced to three years and two months of imprisonment from a lighter sentence.

After remanding the case for retrial, although the court did not support Zhang Sijia's defense of innocence, it adopted Zhang Sijia's defense in the determination of the amount of illegal proceeds, the determination of accessory and the reduction of the sentence, and the client accepted the court's judgment and expressed full recognition of Zhang Sijia's defense work.