Defending the defendant involved in the kidnapping charge and interpreting his behavior as a misunderstanding of an impromptu theater activity requires a rigorous defense strategy from the perspective of law, facts and psychology. The following are the specific steps and precautions： --- ###**1. Core framework of Legal Defense** 1. **Deny subjective criminal intent (Mens Rea)** -**Core proposition**: The essence of the defendant's behavior is artistic expression, and he lacks the “illegal detention intent” (such as blackmail, injury, intimidation, etc.) necessary for the crime of kidnapping. -**Legal basis**: It is emphasized that the composition of the crime of kidnapping needs to satisfy both the objective act of “illegal deprivation of liberty” and the subjective intent. If there is a misunderstanding between the two parties about the nature of the activity, the defendant's “intention” is not established. 2. **Prove “voluntary participation” and "informed consent”** -Collect evidence (such as chat logs, emails, rehearsal videos) to prove that the “victim” has agreed to participate in impromptu theater activities and understands situations that may involve simulated conflicts or restrictions on freedom. -If there is a written consent form or witness testimony proving the fictitious nature of the activity, the charge of “illegal detention” may be weakened. 3. **Use the principle of "reasonable misunderstanding”** -It is claimed that the defendant believes that the other party understands the nature of the activity for reasonable reasons (such as past experience in similar activities and tacit understanding among the participants), and that the “kidnapping” is an unexpected result of misunderstanding. --- ###**2. Collection and presentation of key evidence** 1. **Objective evidence of event planning** -**Prior communication**: Social media group discussions, script drafts, venue lease contracts, prop purchase records (such as fake handcuffs, theatrical costumes). -**Background of participants**: If the ”victim" has performance experience or has participated in similar activities, it can be proved that he or she is aware of the fictitious nature of the activities. 2. **The rationality of the on-site situation** -**Openness**: Is the event taking place in an open venue? Is there an audience or camera recording? Concealed sex is more likely to be recognized as a crime. - **Behavioral coherence**: Did the defendant advance according to the script after the "kidnapping” (such as shooting a video and posting it to a social platform)? Is there a logic to interrupt the criminal act (such as no ransom is asked for). 3. **Testimony of third-party witnesses** -The testimony of other participants, directors, and screenwriters proves that the event was an impromptu performance and that the “victim” did not explicitly object during the process. -Testimony of experts in the drama industry: Explain common behavior patterns in impromptu theater (such as simulating conflicts and impromptu interactions). --- ###**3. Key points to refute the prosecution's allegations** 1. **Question the cognitive authenticity of the "victim”** -If the "victim” agrees to participate at first, but panics due to misunderstanding in the middle, it must be proved that the defendant cannot detect the change in his mentality in real time. -The “victim” may have the motivation to exaggerate the allegation (such as economic claims, interpersonal conflicts). 2. **Distinguish the boundary between “artistic behavior” and "criminal behavior”** -Citing similar jurisprudence: for example, situational restrictions voluntarily accepted by participants in immersive dramas and live-action role-playing (such as murder mystery games) are not considered crimes. -Emphasize the inclusiveness of artistic expression in society and avoid excessive criminalization due to public misunderstandings. --- ###**4. Risk and response strategies** 1. **The prosecution may claim**： -Even if the original intention of the event is to perform, the defendant should foresee that it may cause panic and there is a "negligent crime”. -*****: If the activity has been reasonably planned (such as safety word setting, first aid plan), it can be claimed that the obligation of care has been fulfilled. 2. **Influence of public opinion**： -If the case attracts public attention, fragments of evidence (such as rehearsal videos and friendly interaction records) need to be released through the media to shape the narrative of “artistic experiments being misread”. --- ###**5. Examples of summary statements** “The court should note that the key to this case lies in the difference in the subjective perceptions of the same behavior between the two parties. The defendant always believed that this was a theatrical performance in which both parties voluntarily participated, and all its behaviors-from prop preparation to interaction-were in line with the conventional practice of impromptu theater. The prosecution failed to prove that the defendant had the intention of illegally depriving others of their freedom, and a large amount of evidence showed that the so-called ‘kidnapping’ was just a dramatic misunderstanding that was not fully understood. ” --- ###**Precautions** -**Avoid excessive drama**: The defense needs to maintain legal rigor to prevent the jury from thinking that the defendant despises judicial procedures. -**Psychological assessment**: You can apply for a psychological assessment of the defendant to prove that he has no criminal personality and his motivation is purely for artistic pursuit. -**Civil settlement**: If the evidence is weak, you can consider reaching a civil compensation agreement with the “victim” in exchange for withdrawing the lawsuit or mitigating the charges. By systematically dismantling legal elements, constructing factual rationality, and using industry practices and precedent support, such defenses may lead the case to the result of “insufficient evidence” or “misdemeanor”.