Today, Ma Lixi lawyer undertook the case of blue suspected of gambling crimes, in the last day of the review and approval of the arrest stage, a district of Beijing People's Procuratorate made a decision not to approve the arrest of blue. At 2:05 p.m. blue a lover called Ma lawyer said just received a call from the detention center, let her now go to the detention center to pick up! In the phone call, the family first expressed thanks to the lawyer's defense work, and then set off to the detention center to meet blue. Mou Lan regained his freedom, not only to reunite with his family, his business will resume normal operation.
Difficulties and Defense Points
This case is faced with the following dilemmas, so that the prosecutor's office does not approve the arrest of many obstacles: the amount of profits may exceed the filing standards of tens of times or even more than a hundred times, Lan Mou statement is seriously inaccurate and very unfavorable to their own side, the co-defendant did not show up and so on.
Lawyer's defense point of view focuses on the following points: blue a person did not “directly” implement the gambling crime required by the elements of the criminal act, the truthful confession to restore the objective facts of the case is particularly important. According to the provisions of article 303 of the criminal law, the gambling crime is limited to two types of behavior, one is the gathering of gambling, that is, gather many people engaged in gambling. The second is gambling as a business, i.e. gambling as a profession or part-time business. Breaking the law is not equal to committing a crime, and only serious violations of the law that meet the criminal elements of a specific crime may constitute a crime, which is the basic premise of the alleged crime. Blue's specific behavior does not involve the core elements of the fact that gambling, its violations of the law must be punished, whether it must be detained, is the review and approval of the arrest stage of concern; blue does not exist in the gambling crime intentionally; co-suspects did not show up is not a legal condition for arrest (note that in addition to the citation does not conform to the “Criminal Procedure Law” Article 81 ‘’ should be arrested "conditions. Should be arrested“ in addition to the conditions, but also need to introduce the Supreme Court, the Supreme Prosecutor, the Ministry of Public Security, the Ministry of State Security, ”on the provisions of a number of issues on bail pending trial,“ Article 8 of the regulations, that is, not to approve the arrest of the person awaiting trial on bail ”may, according to the circumstances of the case, order the person who is awaiting trial on bail shall not be with the following (a) ‘specified persons’: (b) co-defendants, suspects, defendants, and other persons connected with the case") and so on.
Attorney at Law
After accepting the commission from Lan's family on November 16, 2025, lawyer Ma Lixi made the first appointment for the lawyer's meeting number to the detention center. The relevant laws and regulations on gambling crime, the gist of the judgment, the views of experts in criminal law, the precautions to be taken during the investigation stage, etc. were thoroughly counseled to Lan. As of December 11, 2025 has met with a total of three times, fully understand and sort out the case, seized the thirty days before the arrest of this important time period, but also for the later lawyer opinion writing provides evidence to support. During this period, first to the public security organs submitted the application for release on bail pending trial, but was not agreed. Subsequently, at the stage of reviewing and approving the arrest, it submitted to the Procuratorate the Lawyer's Opinion of Suggesting Not Approving the Arrest of Lan Mou. And several times with the organizers of the case authorities friendly communication case, expressed in detail can or should be taken out of bail, not to approve the arrest of the facts, the law, as well as the rationale basis.
Conclusion
Do not approve the arrest is inseparable from the prosecution staff strictly control the evidence and the law, so that not in vain, highlighting the seriousness and temperature of justice. The parties in the face of criminal prosecution, remember that we must be realistic to restore the facts of the case, especially in favor of their own facts clearly expressed, so that the investigating authorities record clearly. Defense lawyers must carry out all professional work in a timely manner to achieve an effective defense. At the same time, the disapproval of arrest is only the result of a stage in the criminal procedure, after which the investigating authorities will generally change the compulsory measures to release on bail pending trial. Unless the case is dismissed, the denial of arrest and release on bail is not the end of the case. The client must continue to clarify the facts of the case, and the defense attorney must continue to pay attention to the dynamics of the case in order to achieve better defense results.
Today coincides with the day of the first snow in Beijing, blue and his family will be reunited in the snowy day. Although the weather is cold, their hearts should be very warm at this moment. May all parties be able to regain their freedom as soon as possible and be reunited with their families as soon as possible.
Translated with DeepL.com (free version)
