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

On April Fool's Day, in the case of Yin, suspected of running a gambling den and defended by lawyer Li Zuolin of Zhiming (Shenzhen) Law Firm, the public security organ in Long District decided to grant bail pending trial. The 41-year-old suspect regained freedom after 37 days of detention in a detention center.

In March 2024, the suspect, under the "temptation" of friends, repeatedly went to a certain place in Long District to play "fishing machines," during which he acted as the "lead player" and received a large number of reward chips. The public security organ caught him and other organizers on the spot, filed a criminal case the next day, and detained the suspect in a detention center in Shenzhen.

After lawyer Li Zuolin intervened, through multiple meetings with the suspect to discuss the case details, carefully analyzing the case and peeling back the layers, he believed that the suspect might not constitute an accomplice in running a gambling den. He immediately went to the Long District Public Security Sub-bureau to submit a "Bail Application."

When negotiating with the presiding police officer, lawyer Li Zuolin did not yield to pressure but argued on the basis of reason, directly and from multiple angles, stating the reasons for the defendant's innocence in this case. After the case was submitted to the procuratorate for approval of arrest, lawyer Li Zuolin utilized the final golden seven days to submit authorization materials to the Long District People's Procuratorate at the earliest opportunity, met with the responsible prosecutor, and submitted a "Defense Opinion on Non-Approval of Arrest," arguing the objective facts of the defendant's innocence from perspectives such as the absence of subjective intent and profit motive, the existence of legal income sources, the lack of gambling or running a casino as a regular occupation, and the failure to provide financial settlement for gambling activities.

Ultimately, through the efforts of lawyer Li Zuolin, the Long District People's Procuratorate decided not to approve the arrest of the suspect. The Long District Public Security Sub-bureau then issued a "Decision on Release Pending Trial" and released the suspect on the night of April Fools' Day.

Thus, the case came to a satisfactory conclusion.

Legal definition of the crime of running a casino

The crime of running a casino refers to the act of establishing, operating a casino, providing gambling premises and equipment for others to gamble in, and profiting from it, with the purpose of making a profit. The act of running a casino is not limited to traditional commercial provision of gambling premises but also includes establishing gambling websites on computer networks, or acting as an agent for gambling websites to accept bets, among other actions.

Link to legal provisions

1. Article 303, Paragraph 2 of the Criminal Law: Anyone who establishes a gambling establishment shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, or public surveillance, and shall also be fined; if the circumstances are serious, the sentence shall be fixed-term imprisonment of not less than five years but not more than ten years, and a fine shall also be imposed.

2. Article 44 of the Provisions (I) of the Supreme People's Procuratorate and the Ministry of Public Security on Standards for Filing and Prosecuting Criminal Cases under Jurisdiction of Public Security Organs (Gongtongzi [2008] No. 36): Establishing a gambling establishment shall be filed and prosecuted.

3. Establishing a gambling website on a computer network, or acting as an agent for a gambling website to accept bets, constitutes "establishing a gambling establishment" as stipulated in this article.

4. Article 3 of the 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 Criminal Cases of Online Gambling (Gongtongzi [2010] No. 40): Standards for Conviction and Sentencing for the Crime of Establishing Gambling Establishments Online:

5. Using the internet, mobile communication terminals, etc., to transmit gambling videos or data and organize gambling activities, under any of the following circumstances, constitutes the act of "establishing a gambling establishment" as stipulated in Article 303, Paragraph 2 of the Criminal Law:

6. (1) Establishing a gambling website and accepting bets;

(2) Establishing a gambling website and providing it to others for organizing gambling activities;

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

(4) Sharing in the profits of a gambling website.

For the acts specified in the preceding paragraph, if any of the following circumstances exist, they shall be deemed as "serious circumstances" as stipulated in Article 303, Paragraph 2 of the Criminal Law:

(1) The cumulative amount of rake-off profits reaches 30,000 yuan or more;

(2) The cumulative amount of gambling funds reaches 300,000 yuan or more;

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

(4) After establishing a gambling website, providing it to others to organize gambling, with illegal gains amounting to 30,000 yuan or more;

(5) Participating in the profit sharing of a gambling website, with illegal gains amounting to 30,000 yuan or more;

(6) Recruiting lower-level agents for a gambling website, with such agents accepting bets;

(7) Soliciting minors to participate in online gambling;

(8) Other circumstances of a serious nature.

Lawyer's Reminder

"Those who are good at prohibiting others first prohibit themselves; those who are poor at prohibiting others first prohibit others." Do not engage in pornography, gambling, or drugs; maintain self-discipline. Never indulge yourself with a fluke mentality; be a law-abiding citizen.

Profile of Lawyer Li Zuolin

Lawyer Li Zuolin, license number: 14403202110325450. Graduated from Sun Yat-sen University with a degree in Law and from China University of Petroleum with a degree in Environmental Engineering. He is a nationally registered safety engineer and corporate trainer. Although primarily engaged in legal services, he has focused for many years on the field of safety production management, deeply understanding the principles of safety production and the defense and representation of safety production accident cases. He can provide high-standard, comprehensive, and multi-level criminal defense, administrative disputes, civil compensation, and other litigation and non-litigation legal services for corporate crime prevention, safety production, emergency management authorities, and stakeholders in safety production accidents.