In the warm and sunny March, the suspect was released on bail with joy.

On April Fool's Day, lawyer Li Zuolin of Zhiming (Shenzhen) Law Firm, as the defender, was suspected of opening a gambling house. The public security organ of Longmou District made a decision to obtain a guarantor pending trial. The 41 year old suspect regained his freedom after 37 days of detention in a detention center.

In March 2024, under the "demagogue" of friends, the suspect repeatedly went to a place in Longmou District to play "fishing machine". During this period, he served as the "top card" and received a large number of reward chips. After the public security organ caught him and other officers on the spot, the criminal case was filed the next day, and the suspect was detained in a treasure detention center in Shenzhen.

After lawyer Li Zuolin intervened, after meeting and communicating with the suspect for many times, he carefully analyzed the case and peeled off the cocoon, thinking that the suspect might not constitute an accomplice in the crime of opening a casino, he immediately went to the Longmou District Public Security Branch to submit the Application for Bailing Awaiting Trial.

When negotiating with the police officer in charge, Lawyer Li Zuolin was not afraid of pressure, but instead argued with reason and faced the reasons for the firm innocence of this case from multiple perspectives. After the case was submitted to the People's Procuratorate for approval of arrest, Lawyer Li Zuolin used the last seven golden days to submit authorization materials to the People's Procuratorate of Longmou District at the first time, interviewed the prosecutor in charge, and submitted the Defense Opinion on Disapproval of Arrest. From the perspective that the suspect has no subjective intention, no profit purpose, has a legitimate source of income, does not gamble or open a casino as a regular business, and does not provide capital settlement to the gambling game, he discussed the objective fact that the suspect is innocent.

Finally, with the efforts of lawyer Li Zuolin, Longmou District Procuratorate decided not to approve the arrest of suspect. The Longmou District Public Security Bureau then made the Decision on Obtaining a Bail and Awaiting Trial, and released the suspect on the night of April Fool's Day.

At this point, the case has come to a satisfactory conclusion.

Legal definition of the crime of running a casino

The crime of opening a casino refers to the act of opening and operating a casino for profit, providing gambling venues and equipment for others to gamble in, and profiting from it. The act of opening a casino is not limited to providing a venue for gambling in traditional commercial locations, but also includes establishing gambling websites on computer networks, acting as agents for gambling websites, accepting bets, and other behaviors.

Link to legal provisions

1. Article 303 (2) of the Criminal Law stipulates that those who open casinos shall be sentenced to fixed-term imprisonment of not more than five years, detention or surveillance, and shall also be fined; If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined.

2. Article 44 of the "Provisions on the Standards for Filing and Prosecuting Criminal Cases under the Jurisdiction of Public Security Organs (Part 1)" (Gongtongzi [2008] No. 36) issued by the Supreme People's Procuratorate and the Ministry of Public Security stipulates that those who open casinos shall be prosecuted.

Establishing gambling websites on computer networks, or acting as agents for gambling websites to accept bets, falls under the scope of this provision; Open a casino;.

3. Opinions of the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security on Several Issues Concerning the Application of Law in Handling Cases of Online Gambling Crimes (Gongtongzi [2010] No. 40) Regarding the Conviction and Sentencing Standards for the Crime of Opening Online Casinos:

The act of "opening a casino" specified in the second paragraph of Article 303 of the Criminal Law refers to any of the following circumstances when using the Internet, mobile communication terminals, etc. to transmit gambling videos and data and organize gambling activities:

（1） Establishing gambling websites and accepting bets;

（2） Establishing gambling websites and providing them to others to organize gambling;

（3） Acting as an agent for gambling websites and accepting bets;

（4） Participate in the profit sharing of gambling websites.

If any of the following circumstances occur during the implementation of the acts specified in the preceding paragraph, it shall be deemed as "serious circumstances" as stipulated in Article 303 (2) of the Criminal Law:

（1） The cumulative amount of fishing profits from tap fishing reaches more than 30000 yuan;

（2） The cumulative amount of gambling capital exceeds 300000 yuan;

（3） The cumulative number of participants in gambling reaches 120 or more;

（4） Establishing a gambling website and organizing gambling by providing it to others, resulting in illegal gains of over 30000 yuan;

（5） Participating in profit sharing on gambling websites, with illegal gains exceeding 30000 yuan;

（6） Recruiting subordinate agents for gambling websites, with subordinate agents accepting bets;

（7） Soliciting minors to participate in online gambling;

（8） Other serious circumstances.

Lawyer's Reminder

Those who are good at prohibition should first prohibit themselves for future generations; those who are not good at prohibition should first prohibit others for future generations. We must never touch pornography, gambling, and drugs, and keep ourselves clean. Do not indulge yourself with a mentality of luck and be a law-abiding citizen.

Profile of Lawyer Li Zuolin

Lawyer Li Zuolin, practicing license number: 1440320210235450. Graduated from Law at Sun Yat sen University and Environmental Engineering at China University of Petroleum, registered as a national safety engineer and enterprise trainer. Although primarily engaged in legal services, I have been dedicated to the field of safety production management for many years and have a deep understanding of safety production principles and the defense and representation of safety production accident cases. To provide high-level, comprehensive, and multi-level criminal defense, administrative disputes, civil compensation, and other litigation and non litigation legal affairs for enterprise criminal crime prevention, safety production, emergency management agencies, and stakeholders in safety production accidents.