The following does not constitute legal advice and is for general discussion and reference only. Actual cases are complex, and it is recommended that you consult a qualified criminal defense attorney in a specific case to develop a defense strategy based on the facts of the case and local laws. When formulating a defense strategy, if you attempt to explain the suspected kidnapping as a misunderstanding of an improvisational theater event, you may consider the following aspects: 1. Confirm the background of the behavior and the atmosphere of the scene a. Collect all background information related to the event, including promotional materials, prior notices, rehearsal records, or other facts that can prove that this is an artistic, improvisational performance. b. Investigate the scene to see if there are theater sets, preset characters, props, or other evidence that this is an artistic performance. 2. Focus on the subjective intention of the perpetrator a. Claim that the perpetrator did not have the subjective intention of "illegal detention" or "kidnapping", but was motivated by artistic expression or improvisation. b. Collect witness testimony, statements from the perpetrator, or expert opinions to prove that the people present had an artistic nature in their understanding of the behavior and did not intend to make an illegal arrest. 3. Prove the possibility of reasonable explanation a. Analyze the situation at the scene at that time to prove that the perpetrator and the audience or participants may have misunderstood the behavior as a performance due to the setting of the situation or the way of communication. b. Provide examples of improvisational artistic behaviors in similar cases or cultural traditions to show that there may be reasonable explanation space between the perpetrator and his behavior. 4. Analyze the uncertainty and insufficient evidence in the chain of evidence a. Challenge the factual explanations of "control and restriction of personal freedom" in the prosecution's evidence, and ask whether the actual interaction at the scene lacks the "coercive" characteristics required by traditional kidnapping. b. If there is on-site monitoring or recording, carefully analyze whether there is doubt that the defendant and the detainee are willing to participate or communicate, so as to weaken the characterization of "illegal detention". 5. Explore the consensus and cultural background of both parties a. If it involves the artistic traditions or community activities of a specific group, try to prove that these behaviors are in line with a certain cultural or artistic expression agreement, rather than a crime. b. Contact relevant performing arts experts to testify and explain whether such behaviors are recognized or ambiguous in the performing arts community. 6. Constructing reasonable doubt a. The defense should emphasize the issue of the standard of proof from a procedural perspective, requiring the prosecution to clearly prove that the perpetrator had the intention to kidnap or was aware that he or she would put others at risk of restricting their personal freedom. b. Emphasize the existence of reasonable doubt and strive to tilt the standard of proof in the case in favor of the defendant, so that the jury cannot be convinced that the defendant intended to commit illegal acts. In summary, the key to the defense strategy is to: • Emphasize the improvisational nature of the activity and prove that there is no subjective malice required to constitute the crime of kidnapping; • Construct the rationality of the misunderstanding at the scene through on-site evidence, witness testimony and expert opinions; • Challenge the prosecution's reasoning that equates daily performance activities with criminal behavior, so as to strive for the court to recognize the principle of reasonable doubt. Considering the different specific circumstances of each case, the defense should be tailored to the specific facts and evidence. Be sure to work closely with the defense lawyer to carefully sort out all relevant evidence and testimony at the time, and strive to make the facts clear, the logic rigorous, and in compliance with local legal requirements.