Recently, Xu Wei, He Shunqi lawyers acting on behalf of a live platform to open a casino case, after the defense of lawyers, the defendant's main culprits identified as an accessory to leniency, the court sentenced the defendant to two years in prison, less than the other defendants in the next eight months in prison [1].

The party Zhang a department of a company's voice live broadcast software operations director, developed the live broadcasting room shooting game, the shooting game is identified as “gambling game”, the game amount of nearly 300 million. The case authorities believe that the live software to organize others to open a casino, so Zhang and other employees of the company are suspected of opening a casino was criminally detained.

Lawyer in the recent live casino case more, in general, not a shooting game is equivalent to gambling, the lawyer studied the company does not constitute a crime, so from the beginning to the end of the defense of innocence.

The main reasons for acquittal are: first, the case lacks the organization and control required by the crime of opening a casino, there is no direct evidence to prove that the platform has organized the “cash” behavior and subjective intent; second, there is a lot of evidence to prove that the platform has strictly fulfilled the obligation to supervise the conduct of private transactions and did not turn a blind eye to or let go of; third, the platform is not suspected of having opened a casino, but the company is not a criminal organization, so it is not a criminal organization. Thirdly, Zhang is suspected of casino behavior only has the possibility of understanding, rather than certainty of understanding, during the term of office has fulfilled the obligation to supervise, it is difficult to constitute the crime of opening a casino.

Procuratorial authorities insisted that Zhang and others have constituted the opening of casinos, and due to the amount of money is too large, there is no probationary sentence possible, for Zhang's role in this case, should be recognized as the principal offender. After repeated negotiations, the procuratorial authorities of the change of its recognized accessory, the sentence was first adjusted from more than 5 years to less than 5 years, and then adjusted the sentence to 2 ½ to 3 years, and ultimately adjusted the sentence again to 2 years.

All the defendants in this case have made a plea of guilty, during the trial, the lawyer insisted on the defense of innocence, and clearly expressed that the motives and evidence of this case are problematic. But unfortunately the court did not adopt the lawyer's opinion, and did not make further adjustments to Zhang's sentence, although the case after the lawyer's defense, Zhang's sentence has been adjusted many times, but the fundamental problems failed to be corrected, leaving the case with regrets.

Annotation:

[1] In general, the ranking of the first sentence is more severe, this case the opposite, so the client received a more substantial lenient punishment.

Translated with DeepL.com (free version)