On the afternoon of May 17, 2024, from 14:30 to 17:30, a special seminar on "Online Live Streaming of Gambling Related Criminal Crimes and Defense" was successfully held at Gaopeng Law Firm in Beijing, sponsored by the Gaopeng Criminal Law Professional Committee.

This seminar invited 13 law professors and senior defense lawyers, including Professor Jin Yixiang from the Law School of Chengdu University, Lawyer Gao Wenlong, Deputy Director of Shangquan Law Firm, Lawyer Wang Hui, Deputy Director of the Criminal Department of Yunting Law Firm, Lawyer Zhao Ming, Director of the Criminal Department of Zhongtong Law Firm, Lawyer Zhang Hongming, Deputy Director of the Criminal Department of Huixiang Law Firm, Lawyer Hu Nan, Partner of Beijing Strategy Law Firm, and some members of Gaopeng Criminal Committee, to participate in the seminar. More than 1000 people paid attention to and participated in the seminar both online and offline.

Group Photo 

At the beginning of the seminar, the host lawyer Feng Wei first expressed a warm welcome and sincere gratitude to all the guests and colleagues both online and offline. Lawyer Feng briefly introduced the background and original intention of holding this seminar, pointing out that in China, the live streaming industry is exceptionally hot and has become an important platform for economic recovery in the post pandemic era. But rapid development has also given rise to various chaos, and live streaming gambling is a very prominent type. In the past two years, such cases have been significantly more frequent, and there are still some difficulties and controversies in the practical handling of cases. Adhere to problem oriented approach, and hope that everyone can share theoretical insights and explore practical experience through communication and dialogue.

Dong Xiaohua

Host: Feng Wei

Subsequently, Lawyer Dong Xiaohua, Director of the Gao Peng Criminal Committee, gave a brief introduction to the situation of the Gao Peng Criminal Committee in his speech, and explained the topic and starting point of this seminar. Lawyer Dong stated that online live streaming gambling is a prominent issue in the current field of criminal justice, and it is necessary to discuss this type of crime and criminal defense at the right time. This seminar focuses on a theme, leveraging the expertise of everyone to analyze from different perspectives. Through communication, we share insights and insights, and spark ideas through the collision of ideas. We also hope that each participant can gain insights and inspiration.

Next was the guest speech segment, where 13 guests each gave unique sharing on their topic.

In the first unit, Professor Jin Yixiang from the Law School of Chengdu University combined academic and case studies to interpret the legal issues related to gambling cases in the live streaming industry, providing theoretical guidance for handling such cases. Next, four lawyers, including Xu Junjie from Gaopeng (Hangzhou) Branch, Wang Yu from Gaopeng Law Firm, Zhao Ming from Zhongtong Law Firm, and Ren Gui from Gaopeng (Yangzhou) Branch, combined their personal experience in handling cases. They conducted a profound analysis from the perspectives of identifying the core evidence of online gambling cases, identifying the purpose of profit, criminal responsibility of operators of different types of live streaming platforms, jurisdictional issues related to "ocean fishing", legality issues of remote evidence collection such as remote questioning, review and identification of online electronic data extraction, legal responsibilities of different subjects in online gaming platforms, accomplices between Pingtai and anchors, and identification of master-slave offenders. Finally, Lawyer Gao Wenlong of Shangquan Law Firm summarized the organizational characteristics, behavioral characteristics, economic characteristics, and control characteristics of opening casinos with reference to the crimes committed by criminal organization. From this perspective, he gave an easy to understand interpretation of the discrimination between gambling and opening casinos in the live broadcast platform.

In the second unit, firstly, Lawyer Zhang Hongming from Huixiang Law Firm analyzed the technical route of the complex flow of funds between broadcasters, media companies, live streaming platforms, and online gambling platforms, and based on this, analyzed the application of charges for participating in score running behavior on live streaming platforms. Next, lawyers Feng Chengcheng from Gaopeng Law Firm, Wu Shengze from Gaopeng (Shenzhen) Branch, and Zhang Ruiqiao from Gaopeng (Shanghai) Branch gave wonderful sharing from the perspectives of jurisdiction, determination of gambling amount, crime and non crime, crime and non crime, determination of audit report, construction of criminal compliance governance mechanism for live streaming platforms, and correct distinction between the crime of opening a casino and fraud in live streaming gambling. Finally, Lawyer Wang Hui from Yunting Law Firm expressed his views on the compliance governance of gambling on online live streaming platforms from the perspectives of administrative responsibility and criminal responsibility, and briefly commented on the speeches of the previous guests.

In the free supplementary speech segment, Lawyer Hu Nan from Beijing Strategy Law Firm, Lawyer Cheng Junfeng from Gaopeng Law Firm, and Lawyer Zhang Lu from Beijing Shengchi Law Firm gave impromptu speeches, discussing defense points for this and that crimes, as well as the recovery of involved funds and the relationship between online live streaming gambling and money laundering. They interacted and exchanged ideas with the on-site attendees on issues such as this and that crimes, serious and minor offenses, as well as the recovery of involved funds.

Event site

Finally, Lawyer Dong Xiaohua, Director of the Gao Peng Criminal Committee, summarized the seminar and pointed out that the purpose of this seminar is to deeply analyze the legal issues and case handling skills of online live streaming gambling, further clarify the crimes and punishments of such cases, and improve the quality and efficiency of handling such cases. In the future, the Gao Peng Criminal Committee will continue to adhere to the path of professional development, strive to launch more business seminars with highlights and characteristics, gather ideas and share wisdom.