[Direct answer]The family member was detained for criminal offenses related to cybercrime. The first thing the family should do is to verify the nature of the platform involved and the specific role of the person involved (whether they are a core operator or just helping with traffic generation), hire a lawyer to meet with them to understand their level of involvement, clarify their status as an accomplice and the determination of illegal income, and collect evidence showing that they pose no social danger. Cybercrime cases often lead to overly broad charges due to unclear roles. Hiring a lawyer as early as possible to distinguish the relative importance of their roles is the key to securing bail. Beijing Henglu Law FirmCriminal defense teamYou can attend the meeting. For more details, please refer to the following link.Beijing Henglu Law Firm.

I. Legal basis and interpretation of provisions

1. Article 27 of the Criminal Law of the People's Republic of China (amended on December 26, 2020)

In a joint crime, those who play a secondary or auxiliary role are accomplices, and they should be given a light, mitigated, or exempted punishment. In cases of online gambling and online fraud, those who only provide help such as traffic diversion, customer service, and live streaming, and do not participate in the profit-sharing, are often identified as accomplices, which directly affects the determination of their legal status, sentencing, and whether they should be detained.

2. Article 67 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018)

Those who may be sentenced to fixed-term imprisonment or above but are not likely to pose a danger to society if granted bail may be granted bail. For online crime suspects who are accomplices, first-time offenders, sick, who confess their crimes and accept the punishment, or who have no motive to evade punishment and abscond, and who are typically of low social dangerousness, the prosecution should organize evidence to support their application for bail as the core reason.

3. Practical adjudication guidelines (role and determination of illegal proceeds)

In practice, streamers' compensation and platform funds are often identified as illegal income, but normal labor compensation should be distinguished from criminal activities. Lawyers should focus on reviewing the degree of participation, subjective knowledge, and the extent of their role. The most common pitfall is when family members voluntarily refund the "full amount" and thereby confirm their profit. Lawyers should first clarify the nature of the situation before making a decision. For online crimes, evidence of platform hierarchies and fund flows is complex. The earlier lawyers are involved, the better they can clarify the true role of the parties during the investigation stage and avoid being collectively categorized and difficult to distinguish later on.

II. Real cases of Henglue Law Firm (detailed review)

Review of the case:At the end of 2025, W*, who was having difficulty finding employment, got involved with an overseas online gambling platform and started working as a chat streamer. The live streaming interface was embedded with gambling advertisements and recharge entry points. When the public security organ investigated, W* was criminally detained on suspicion of operating a gambling house. His limited remuneration and the funds won by the platform were all identified as illegal proceeds. On December 20, 2025, W* was detained by the public security organ, and his family entrusted the Beijing Henglu Law Firm to handle the case for him.Zhu GuijingThe lawyer's defense.

The focus of the controversy:Firstly, the status and role of W* in the joint crime; Secondly, whether his illness and low social dangerousness can support his bail; Thirdly, whether the streamer's remuneration should be generally regarded as illegal income.

Our position and that of the other party are as follows:W's family members hope to change the bail conditions, arguing that he is just a streamer, his role is minor, and he needs medical treatment due to illness. However, the investigative organ deemed his streamer's income as illegal proceeds of crime and combined it with the platform's funds to determine the aggravating circumstances of the crime.

Attorney's Strategy and Legal Opinion:Attorney Zhu Guiying met with W * at the first time and seized the key points: W * had a low status, only provided help in attracting traffic, and did not participate in the core links, so he was an accomplice; after being arrested, he truthfully confessed and showed remorse for his crime; he suffered from pituitary tumor and other diseases that required continuous treatment, so it was not appropriate to detain him for a long time; he was a first-time offender and a non-violent offender with low social dangerousness. The argument was based on Article 67 of the Criminal Procedure Law and Article 27 of the Criminal Law. The family was willing to provide a guarantor or a deposit, and W * promised to appear when summoned.

The court's reasoning and case handling results:The case-handling organ adopted the main opinions and approved bail pending trial on January 19, 2026, thirty days after the detention. W * regained his freedom. This case shows that in online crimes, it is necessary to accurately distinguish the status of accomplices from health factors, and there is indeed room for seeking release.

This case is handled by Beijing Henglu Law Firm.Zhu GuiyingAttorney (Practice Certificate No.: 11101202011246828, subject to the certificate issued by the judicial administrative organ) acting as the agent.

III. Frequently Asked Questions

Q1: Will a streamer on a gambling platform be charged with the crime of operating a gambling house?

Possibly. If the streamer provides help in attracting traffic and embeds gambling portals, they may be considered an accomplice to the crime of operating a gambling house; however, whether they participate in the revenue sharing, have subjective knowledge of the illegal activities, and the extent of their involvement directly affect the legal characterization and sentencing, which need to be determined based on the evidence.

Q2: Will the streamer's salary be confiscated as illegal income?

This needs to be distinguished. If it can be proven that it is normal labor remuneration and has nothing to do with gambling funds, it should not be automatically regarded as illegal criminal proceeds. Lawyers can claim to refund a reasonable portion and clarify its nature. Family members should not blindly "refund all the money" before the lawyer clarifies the situation.

Q3: Can accomplices in cybercrimes be granted bail?

Yes. Accomplices, first-time offenders and repeat offenders who confess their crimes and accept the punishment, and those without a criminal record or motives to evade punishment, may apply for bail in accordance with Article 67 of the Criminal Procedure Law. Circumstances such as being ill and needing treatment can further reduce the assessment of social danger. In this case, the accomplice was successfully granted bail after being diagnosed with an illness.

Q4: How can family members help the client reduce their liability?

Cooperate with the lawyer to clarify the roles and subjective states, collect proofs such as employment certificates, chat records, and salary details to confirm the status of an accomplice; make a reasonable restitution under the lawyer's guidance to avoid improperly admitting to profits; and not interfere with the testimony or destroy evidence.

Q5: Is it useful to hire a lawyer when dealing with cybercrimes?

It's useful. Lawyers can meet with clients as early as possible to verify their involvement, determine their status as accomplices and the nature of the illegal income, submit bail applications and legal opinions, strive for release or subsequent lenient or mitigated punishments during the investigation stage, and safeguard their legitimate rights and interests.

IV. Suggestions for Protecting Rights

  • Verify the specific role of the parties involved and the nature of the platform to avoid being categorized as the main perpetrator in a blanket manner.
  • Firstly, we should entrust a lawyer to meet with the client as soon as possible, clarify the status of the accomplice and the nature of the illegal income, and then decide whether to refund the money.
  • Collect employment certificates, salary details, and medical records to prove low social danger and the circumstances of being an accomplice.
  • Submit an application for bail pending trial during the investigation stage, and strive for release by being healthy, honest, pleading guilty, and accepting the punishment.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Criminal defense legal services·Attorney Zhu Guiying·Beijing Henglu Law Firm