“9年非法獲利6.89億，涉案金額超過1萬億元人民幣……”今年4月，溫州龍灣區警方通報的一起特大網絡賭博案中，出現了這樣驚人的天文數字。
“Nine years of illegal profits of over 689 million yuan in which more than 1 trillion yuan has been involved...” In April this year, in a mega-net gambling case reported by the Hong Kong District Police in Wenzhou, there was an astronomical amount of this amazing amount.
這起被稱為全國最大的網絡賭博案，本來原計劃昨天在溫州龍灣區法院公開審理。
This is known as the country's largest Internet gambling case, which was scheduled to be heard in open court yesterday at the Dragon Bay District Court in Wenzhou.
被移送法院起訴的總共有22名被告人，因為案件的影響和關注度，主要被告人聘請的基本是省內頂級的刑辯律師，其中至少包括省律協、杭州市律協、台州市律協以及溫州市律協的刑委會主任，還有兩位辯護律師是省內僅有的兩家專業刑辯律師事務所的主任，堪稱豪華律師團。
A total of 22 defendants were brought before the Court. Because of the influence and interest of the case, the principal defendants recruited mainly state-level criminal lawyers, including at least the head of the Criminal Commission of the Provincial Council, the Hangzhou City Bar, the Taizhou City Bar and the Winzhou City Bar, as well as two defence attorneys who were directors of the province's only two specialized criminal lawyers'offices, which are known as the Luxury Bar.
出人意料的是，因為近30位辯護律師“抱團”對案件管轄、偵查機關是否存在刑訊逼供等問題提出質疑，並要求法庭啟動“非法証據排除”程序，法庭採納后臨時決定將開庭變成庭前會議。
Surprisingly, as nearly 30 defence lawyers, “groups” questioned the jurisdiction of the case, the existence of torture-related confessions by the investigative authorities, and asked the court to initiate the “unlawful evidence exclusion” procedure, the court took the impending decision to turn the trial into a pre-court session.
也就在昨天，有媒體報道說“非法証據排除”有望出台細則，包括諸如誘供、欺騙、指供、威脅本人、威脅証人、威脅被告人的家人等方法也被納入征求意見稿的討論范圍。這起特大網絡賭博案也因此格外受到關注。
Just yesterday, media reports that “unlawful evidence is ruled out” were expected to provide details, including such methods as seduction, deception, confessions, threats against oneself, threats against witnesses, threats against the defendant’s family, etc., were also included in the discussion of the request for comments.
被傳涉案賭資超1萬億元，9年非法獲利6.89億元——
He was accused of gambling more than $1 trillion, profiting 689 million illegally in nine years.
全國最大網絡賭博案昨開庭
The biggest online gambling case in the country opened yesterday.
剛開審就被豪華律師團“喊停”
was “stopped” by the luxurious group of lawyers just after the trial.
省內頂級刑辯律師為各被告人申請“非法証據排除”
's top criminal defense attorney applied for “unlawful evidence exclusion” on behalf of the defendants
案件回放
Replay the case.
警方4月通報
Police alert April.
涉案賭資超1萬億元
It's worth over $1 trillion.
今年4月，溫州龍灣警方就一起全國罕見的特大網絡賭博案召開了新聞通報會。涉嫌特大網絡賭博案的，是一個叫“game456”的棋牌平台。
In April of this year, the Wenzhou Dragon Bay Police launched a press conference on a country-wide, rare, mega-net gambling case.
2005年，楊某來到杭州，在拱墅區開辦了浙江凱聯科技有限公司，主要運營這個“game456”棋牌平台。
In 2005, Jan went to Hangzhou, where Zhejiang Kai United Technology Ltd. operated the “game456” chess platform.
在這個平台下，玩家可以進行升級、斗地主、詐金花、梭哈、麻將、牛牛、港式五張、象棋等32款棋牌游戲。玩家進入“game456”平台后，可以購買網站的虛擬貨幣“銀子”，並以其為賭資參與棋牌游戲。
Under this platform, players can play 32 games of chess, such as upgrading, fielding, gold-diggering, Soho, mahjong, cow, port five, chess, etc. After entering the “game456” platform, they can buy the website’s virtual currency, silver, and participate in board games for gambling purposes.
經查，楊某的公司，並未取得虛擬貨幣發行和交易服務許可。
It was found that a company based in Yang was not authorized to issue and trade services in virtual currency.
經過數年的經營，“game456”游戲平台注冊用戶達到2437萬，涉及全國30多個省級行政區，主要集中在華東的10余個省份。
After several years of operation, the “game456” platform registered 24.37 million users, covering more than 30 provincial administrations throughout the country, mainly in more than 10 provinces in the east of the country.
新聞通報會的前一天，網上傳出消息稱，這起網絡賭博案涉案賭資超過1萬億元人民幣。警方稱，“因為涉及計算方式的問題，此案具體涉案賭資還在統計。但與1萬億元這個數字，估計也差不了多少。”
The day before the press conference, it was reported online that the online gambling case involved more than RMB 1 trillion in gambling. The police said, “because of problems with the way in which calculations are calculated, the actual gambling is still being calculated. But it's not much different from the figure of RMB 1 trillion.”
庭審現場
court sitting > /strang >
檢方指控涉案金額大幅“縮水”
The prosecution charged the amount involved with a substantial “shrunking” .
根據原計劃，本案一審將分三天進行，分別是昨天、12月12日和12月19日。昨天的庭審，計劃在9點10分至16點30分進行。
According to the original plan, the trial would take place in three days, from yesterday, 12 December and 19 December. Yesterday, the trial was scheduled to take place between 9.10 and 16.30.
與此前警方通報的涉案金額和非法獲利數額相比，記者昨天在檢方起訴書上看到，最終對被告人的指控涉案金額和非法獲利數額出現大幅“縮水”。
In comparison to the amounts previously reported by the police and the amount of illegal gains, the press yesterday observed in the prosecution's indictment that the final charges against the accused had resulted in a significant “collapse” in the amount of money and illegal gains.
起訴書中提到，公訴機關依法審查查明：截至2013年10月14日，456游戲平台注冊賬號超過2437萬個﹔2010年8月19日至2013年9月24日期間，玩家向456游戲平台共充值人民幣4.9億元人民幣。
According to the complaint, the public prosecutor examined it in accordance with the law: as of 14 October 2013, there were more than 24.37 million registration numbers for the 456 games platform; between 19 August 2010 and 24 September 2013, the players charged 456 games to 490 million yuan yuan.
除通過玩家向網站充值獲利外，被告人楊凱還通過在后台為特定賬號修改數據增加虛擬幣的方式，向被告人楊仁武及林靚、任斌(均另案處理)等“銀子商”大量出售虛擬幣獲利，僅2012年10月1日至26日，被告人楊凱就向被告人楊仁武出售了價值1685萬余元的虛擬幣。
In addition to profiting from the user's enrichment of the website, the accused Yang Qai also made substantial gains from the sale of virtual currency to the defendants Yang In-wu and Lin Qing and Rin Bin (both dealt with separately) through the modification of the data for a specific account in the back office, and from 1 to 26 October 2012 alone, the accused Yang Qai sold to the accused Yang Qin Qin ́s counterfeit currency worth more than $1.685 million.
2011年5月，被告人楊凱將其在凱聯科技的股份轉讓給第二被告人吳誠堅，被告人吳誠堅從當年6月份出任凱聯科技的總經理。在吳誠堅管理期間，玩家向456游戲平台充值超過人民幣4.7億元，吳誠堅個人至少獲利1195萬元。2013年4月至2013年7月期間，被告人楊東武在楊凱、吳誠堅被警方追逃的情況下，對凱聯科技進行管理，期間玩家向456游戲平台共充值人民幣超過1.3億元，楊東武個人非法獲利為2870.3萬元。
In May 2011, the accused Yang Qi transferred his share of KNU technology to the second defendant, Wu Jung-seung, who was the chief manager of KNU technology since June of the same year. During his administration, the player charged 456 games with more than RMB470 million, and he earned at least RMB11.9 million. Between April 2013 and July 2013, the accused Yang Dong-wu managed KNU technology in a situation where he had been chased by the police.
從以上內容不難發現，盡管涉案金額仍讓人感到吃驚，但與警方通報的1萬億相比，已大幅“縮水”。
It is easy to find out from the above that, although the amounts involved are still surprising, they have been “reduced” significantly compared to the $1 trillion reported by the police.
律師抱團申請“非法証據排除”
lawyers' convocation for “unlawful evidence exclusion”
22位出現在檢方起訴書裡的被告人，以浙江本省籍為主。其中包括楊凱在內的4人是公司股東，2人是官方“銀子商”，5人是下游的“銀子商”，其余為公司的財務、運營甚至是法務等部門的員工。
Twenty-two defendants, mainly from Zhejiang Province, appeared in the prosecution's indictment. These include four shareholders in Yang Qi, two official silver traders, five downstream silver traders, and the rest working for the company's finance, operations and even legal departments.
開庭前，審判長表示，因本案被告人眾多，考慮到法院警力有限，隻有9人被押解到庭(后來又追加兩名)，其余被告將通過遠程視頻在看守所受審。
Prior to the opening of the trial, the presiding judge stated that, given the large number of accused in the case and given the limited police capacity of the court, only nine persons had been brought before the court (and then two more) and that the remaining accused would be tried at the detention facility via remote video.
這時，有律師提出本案存在管轄權異議，而且可能存在刑訊逼供等情況，要求法庭進行“非法証據排除”。
At that time, lawyers argued that there was a difference of jurisdiction in the case and that there might be circumstances such as the use of torture to extract confessions, requiring the court to “exclude unlawful evidence”.
第一至第五被告人的辯護律師均提出，本案偵查機關存在違法採取指定居所的監視居住措施，而且未按法律規定通知家屬。另外，偵查機關涉嫌對被告人進行變相肉刑、欺騙、威脅、引誘的非法審訊，應啟動非法証據排除程序。
The defence lawyers for the first to fifth defendants have argued that there is a violation of the law in this case to take custody of a designated residence, and that the family was not notified as required by law. In addition, the investigatory authority is suspected of having subjected the accused to disguised corporal punishment, fraud, threats, and enticement for unlawful interrogation, and should initiate an unlawful evidence-exclusion procedure.
比如，楊東武的辯護律師昨天在法庭上提到，偵查人員在提審楊東武時，將其妻子(同案被告)被銬在審訊椅上的照片給他看，並告訴楊東武“你配合了，我們就向領導匯報給你老婆取保。你自己這樣的態度，老婆怎麼能取保候審？”律師稱，警方還多次暗示，楊東武不配合的話，要將他移交給湖北警方。
For example, Yang Dongwu's defense lawyer mentioned in court yesterday that the detective, in his interrogation of Yang Dongwu, showed him pictures of his wife (a co-defendant) handcuffed to the interrogation chair and told Yang Dongwu that “when you cooperate, we will report to your leader for protection. How can your wife take bail?” According to the lawyer, the police have repeatedly suggested that Yang Dongwu should be handed over to the Hubei police if he does not cooperate.
多名辯護律師還提到，本案偵查機關的筆錄存在大量粘貼復制、 違反筆錄制作程序，缺乏客觀性，不能作為定案依據。
A number of defence lawyers also mentioned the existence of a large number of stickers, violations of written production procedures, lack of objectivity and failure to substantiate the case.
另外，還有律師提出，本案中，涉案的凱聯科技公司在杭州設立，服務器也在杭州，公司實際控制人楊凱、吳誠堅和一些員工均長期在杭州工作和生活，楊東武也在杭州經營酒店多年。根據有關規定，龍灣警方對本案沒有管轄權。
In addition, lawyers have argued that in the case in question, the K.S.T.C. was set up in Hangzhou, and the servers were in Hangzhou, where the company actually controlled Yang Qi, Ng and some employees worked and lived in Hangzhou for a long period of time, and Yang Dong-wu had been operating a hotel in Hangzhou for many years. According to the relevant regulations, the Yong Bay police have no jurisdiction over the case.
最后，法庭表示，將充分聽取律師在庭前會議中提出的一些意見，至於下次開庭時間，將另行通知。
Finally, the court stated that it would take full account of some of the comments made by counsel at the pre-court meeting and that further notice would be given as to the next opening of the trial.
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什麼叫“非法証據排除”
What do you mean, "illegal evidence excluded"?
“非法証據排除”規則，通常是指在刑事訴訟中，偵查機關及其工作人員使用非法手段取得的証據不得在刑事審判中被採納的規則。
The rule of “unlawful evidence exclusion” usually refers to the rule in criminal proceedings that evidence obtained by illegal means by investigators and their staff may not be taken into account in criminal proceedings.
據悉，佘祥林案件出現后，最高法院起草了非法証據排除的有關規定，由於當時對此問題未達成共識，文件沒有出台。趙作海案件后，引發全社會對非法証據排除問題的關注。
According to the information received, the Supreme Court drafted a rule on the exclusion of illegal evidence following the incident, since the document was not issued because there was no consensus on the issue. After Zhao’s case, the attention of the whole community was drawn to the exclusion of illegal evidence.
據《北京青年報》報道，目前最高法正在就嚴格執行非法証據排除細則征求意見，涉及非法証據的范圍擴大、疲勞審訊、超期羈押的被告人供述是否排除等問題，並有望進一步細化非法証據排除的程序。
According to the Beijing Youth Journal, the Supreme Law is currently seeking advice on the strict enforcement of the exclusion of illegal evidence, concerning the widening of the scope of illegal evidence, the tiredness of interrogations and the exclusion of confessions of overstayed defendants, and it is hoped that the procedure for excluding illegal evidence will be further refined.
據透露，採用諸如誘供、欺騙、指供、威脅本人、威脅証人、威脅被告人的家人等方法也被納入征求意見稿的討論范圍。
It was also revealed that the use of methods such as seduction, deception, confessions, threats against oneself, threats against witnesses, threats against the family of the accused had been included in the discussion of the request for comments.
此外，疲勞審訊問題也是這次調研起草的關鍵。擬建立一個三重保障機制，每次訊問時限不能超過12個小時﹔每天不低於連續8小時休息時間﹔保証被訊問人在訊問過程中合理的休息、飲食，包括方便的權利。
In addition, tired interrogation is the key to the drafting of this study. A three-tier system should be created, with no more than 12 hours per interview; not less than eight hours of rest per day; and guaranteed reasonable rest, food, including convenient rights, for the interviewee.
意見稿還提出了關於死刑案件當中訊問律師在場權的問題。記者 陳洋根 文/攝
The opinion also raises questions about the right of a lawyer to be questioned in a death penalty case.
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