As a Lawyer, You Sent the Judge In?

 Chapter 209 Questioning! The prosecutor was silenced!

Su Bai has already learned about the case.

This case is not too complicated.

 Furthermore, the client’s claim is relatively simple, making it a relatively easy court hearing.

 As long as the sentence is reduced, it will be fine.

Again.

 At the court hearing, you need to do your best to complete the client's lawsuit application!

Su Bai called Li Xuezhen into the office, and together they sorted out the information sent by Sun Han.

 Completed.

Su Bai took a deep breath. The current materials and all court procedures have been sorted out.

Now we just have to wait for the court to notify us of the court date.

  In Wang Bo’s case, the court has not given a clear hearing date.

Su Bai has been there several times, and Sun Han has also called many times.

 Finally, after a month, the court gave an accurate date for the hearing.

 Wang Bo’s company address and registered residence are in Shangdu.

 This case was heard by the Shangdu Intermediate Court.

 The eve of the court hearing.

  Legal affairs and senior executives from several video companies came here specially to see the verdict against Wang Bo.

 These video companies.

I have a love-hate relationship with Dongbo founded by Wang Bo.

how to say

Several companies have proposed to acquire Wang Bo’s Dongbo. Unfortunately, Wang Bo has always been stubborn and has no intention of selling Dongbo.

Then

Several companies jointly reported that Wang Bo’s mobile broadcast was suspected of spreading inappropriate videos.

 The animation products will be removed from the shelves.

Not only that, but also reported relevant issues to the relevant departments of the prosecution.

  Prosecutors also launched an investigation into Dongbo Company and confirmed that more than 70% of its servers contained illegal videos.

Taking this as the key to prosecuting and distributing illegal videos, Wang Bo was detained for several months.

.

 ….….

  It was nine-thirty in the morning on the 19th of the month.

 Shangdu Intermediate Court.

 In the waiting room.

Su Bai and Li Xuezhen were sitting in the waiting room, waiting for the court to begin.

Li Xuezhen looked through the lawsuit materials, smiling and squinting her eyes: "If we win the lawsuit this time, the legal fees will be quite high!"

 Su Bai: .….

  It's quite a lot, to be precise, it's quite a lot.

 But what does the amount of lawyer’s fees have to do with you, a little rich woman?

But Su Bai didn't have much to say, he just smiled and said, "Okay, I'll give you a salary increase later."

"thank you boss!"

Su Bai:? ? ?

boss? ?

 Looking at Li Xuezhen curiously, she didn't see anything wrong, so she simply didn't think about it any further.

Li Xuezhen was left to secretly rejoice in her heart.

.

 ….

 At the beginning of the court session, the staff brought Su Bai and Li Xuezhen into the court hearing room.

 At the court hearing.

 After the defendant’s parties, prosecutors, defendant’s client, etc. are seated.

 The clerk began to read out the court discipline.

 After the reading is completed, the members of the collegial panel enter the room.

 At the same time, this trial was conducted in public through a live broadcast of the trial.

 When starting the live broadcast.

 There were a large number of barrages in the live broadcast room of the court hearing.

 “Punch in, wait for the court hearing, and believe that the law will give people a fair verdict.”

“I’m looking forward to the verdict. I used it very well, but the law is the law. If it violates the law, it will be punished.”

“Yeah, yeah, yeah, come and watch the live broadcast of the trial.”

　　.’

 There is not much content in the barrages. Most of them adhere to the idea that although I have used animated videos, if animated videos are really illegal, they will be punished as they should be.

at the same time.

 Executives from several other companies are also watching the live broadcast of the trial.

Even created a small group to discuss the results in the group.

“Guess how many years I will be sentenced to Wang Bo?”

“I’m not sure. Looking at the amount, it’s about ten years?”

“Tsk tsk...if it comes out in more than ten years, won’t the market have completely changed?”

“Who knows? Let’s focus on the live broadcast of the trial!”

.

 ….

 A few people chatted briefly and then fell silent, all focusing on the live broadcast of the trial.

The number of people in the live broadcast room has also reached its peak. The entire network combined has reached nearly 100,000 in such a short time since the broadcast started.

 At the court hearing.

 The presiding judge will verify the identity information and go through the corresponding procedures.

A brief introduction was given to the members of the collegial panel: "This trial is composed of the presiding judge Yang Yaodong, and the judges Song Keren and Xiao Dong."

“The parties have no objections and are now ready to go to trial!”

  “The cause of this case: a public prosecution submitted by the public prosecutor.”

“The public prosecutor believes that animation broadcasts are spreading obscene materials in huge quantities, causing extremely bad social impact, so they are prosecuting for the crime of spreading obscene materials.”

 “Whether the cause of action is true.”

 “Yes, Judge.”

 Prosecutor Chen Xiang spoke.

This time, two public prosecutors appeared in court, one was public prosecutor Chen Xiang, and the other was public prosecutor Li Lin.

After hearing the prosecutor’s confirmation, the presiding judge Yang Yaodong continued to speak.

“The prosecutor is now invited to state and provide evidence for the crime of accusing Wang Bo of manufacturing, selling, and disseminating obscene materials.”

 “A good judge.”

Prosecutor Chen Xiang nodded and began to state and give evidence.

  “The following is our statement and evidence.”

“Through our investigation, we learned that the company founded and actually controlled by Wang Bo is suspected of producing, selling, and disseminating obscene materials, including electronic data, videos, etc.”

“Illegal videos have been viewed in the hundreds of millions.”

“And according to the income survey of Dongbo, Dongbo’s annual income is as high as hundreds of millions.”

“According to Articles 363 and 364 of the Criminal Law:”

“Whoever produces, reproduces, publishes, sells, or disseminates obscene materials for the purpose of profit shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and shall also be fined.”

“If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined.”

“In particularly serious cases, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or have property confiscated.”

“In this case, the prosecutor believes that Wang Bo is responsible for the company.”

“For distributing obscene materials and earning a high amount of money, we believe that in this case, Wang Bo has committed a serious or particularly serious crime.”

“The prosecutor recommends that because the circumstances are particularly serious, you should be sentenced to a fixed-term imprisonment of more than ten years, a fine, and the confiscation of illegal gains.”

　　咚咚!

Yang Yaodong sounded the hammer: "Does the lawyer appointed by the defendant have anything to say?"

 “There is a chief judge.”

Su Bai opened his mouth.

Su Bai has previously learned about the case, the prosecutor and the overall situation of the case.

As the person in charge of Dongbo, should Wang Bo be responsible for Dongbo’s dissemination of obscene materials?

  It stands to reason that it should be.

 Because the dissemination of obscene materials has actually happened, and Wang Bo, as the person in charge, should be responsible for animation broadcasting.

 But does it not constitute the crime of spreading obscene materials and be sentenced to more than ten years in prison?

Su Bai believes that it is not constituted.

 So for this case, he also defended not guilty.

Under the presiding judge's questioning, Su Bai slowly spoke: "Presiding judge, we would like to ask the prosecutor to present evidence first."

　　咚咚!

“The application is approved, the prosecutor will start presenting evidence.”

"OK.…"

 Chen Xiang didn't think too much. He had already obtained accurate permission for this case. He must go all out to accuse Wang Bo of crimes.

 Begin to give evidence after hearing the answer from the presiding judge.

"First: A large amount of obscene content is stored in the server of Dongbo Company." "Second: According to the prosecutor's use, Dongbo searched and found that the software contained a large number of obscene videos, among which Dongbo Company In the software we make, a large number of dirty videos can be found even in hot searches.”

"third:.…."

   .….….”

  The prosecution listed several items to provide evidence.

However, after Su Bai heard the prosecution's evidence, he raised his hand to interrupt the content of his evidence.

 “I would like to ask the prosecutor to wait for a moment...”

“What does the lawyer entrusted by the defendant have to say?”

"That's right. I would like to ask the prosecutor, where did the evidence provided by the prosecutor come from? Was it taken directly from the server of the animation company?"

"Yes."

“So, can we apply for the disclosure of the evidence provided by the prosecution?”

"Can."

Su Bai quietly waited for the evidence that the prosecutor was going to provide.

 The prosecution also provided evidence very neatly.

˜ Directly moved the relevant servers and related evidence to the court.

  Used to prove.

 The main way to prove it is that the image data contained in the server has certain prohibited bad images.

After presenting the evidence, the presiding judge turned to look at the seat of the defense attorney and said:

“The defendant has appointed a lawyer. Is there anything else you want to say?”

"No."

 “Please continue to state the prosecution.”

"OK."

  Shen Xiang did not think too much and continued to state Wang Bo's crime and related evidence.

“Third: According to the law, as the person in charge of the company, he should have certain supervisory responsibilities for the company’s actions.”

“The defendant failed to fulfill his regulatory responsibilities and needs to bear corresponding responsibility for the company’s actions.”

“Based on the above, we believe that during this process, Wang Bo, as the main person in charge of the company, should bear corresponding responsibilities and constituted relevant crimes.”

.

 ….

After the prosecution finished its statement, the presiding judge Yang Yaodong sorted out the litigation materials and looked at the defendant's seat at the trial table.

“Wang Bo, the defendant, do you plead guilty to the crime charged by the prosecutor?”

 Wang Bo: “I do not plead guilty and I do not think I have committed relevant crimes.”

 “I would like to ask my client to defend my behavior.”

　　咚咚!

“Then now let’s invite the client of the defendant to make a statement.”

 “A good judge.”

After sorting out the litigation materials, Su Bai said:

“We do not agree with the views provided by the litigants.”

  “Among them are the following points:”

“First point, Dongbo is just a player, and its server only stores content that users search, open and play.”

  “Caching its content.”

 “And.…”

“There is no subjective deliberate caching, so we believe that this point alone cannot constitute the definition of the crime of spreading pornographic materials through animated broadcasts.”

“Because there is a relatively important point in the crime of spreading obscene materials, and that is...”

 “In the process of communication, the person in charge of the company did it deliberately.”

“It makes no sense to judge the company as deliberately laissez-faire and Wang Bo as suspected of spreading obscene materials based solely on searches and user plays.”

“And, in this process, Wang Bo cannot prevent users from using animation to play relevant content.”

“That is to say...Dongbo is essentially just a player, and Wang Bo cannot control how users use it or how to use it.”

“Based on this point, Wang Bo cannot reach a state of intentional dissemination, so we apply to dismiss the prosecution’s complaint,”

“Presiding judge, we have finished our statement.”

.

 ….

After Su Bai's statement, Chen Xiang immediately asked: "I would like to ask the defendant's litigation lawyer, do you think Wang Bo knew that Dongbo was broadcasting obscene materials?"

“I refuse to answer your question. According to the provisions of the Criminal Procedure Law, you can ask my client if he knows,”

“Because my client is the one being sued, and I am not.”

“In the Criminal Procedure Law, there is no provision that litigating lawyers must answer the prosecutor’s questions.”

 “So I refuse to answer this question.”

After hearing Chen Xiang's inquiry, Su Bai frowned slightly.

I just made a simple statement, and the other party directly fired a big move at me?

 What does  mean? !

How would he answer this question?

This should be a question to the client. He is just a litigator. Why do you ask him?

 Just like Chen Le, when the agent answered, he is now on probation.

  Is the prosecutor preparing to deceive himself?

Su Bai frowned slightly and looked at Chen Xiang.

On the other hand, Chen Xiang didn't care at all. He turned to Wang Bo and asked.

“I would like to ask the defendant, do you know that animation is used to view obscene materials?”

"I know.…"

 “Then since you know, why don’t you stop it?”

"Because it can't be stopped. Dongbo is just a player. It can't stop users from playing videos. This is not something we can stop, because playing videos is determined by the user's choice."

“You mean that the user’s choice to use your software has nothing to do with you, but why should the user choose to use your software?”

 “Because my software is good...”

 Silence.…

Prosecutor Yang Xiaodong suddenly found that he had fallen into a misunderstanding.

He rubbed his eyebrows and stopped asking.

 According to this method of questioning, he will definitely not be able to find out any effective content or legal basis.

 So another point of view was thrown out in this regard.

“Since the defendant Wang Bo knew that Dongbo was used by users to watch pornographic videos and did not stop it, he failed to fulfill his supervision obligations.”

"in this case.…"

“Wang Bo’s behavior constitutes the dissemination of obscene materials.”

“…and the animation company’s server contains a large number of cached videos.”

 “In this regard.…”

“We believe that Wang Bo’s subjective behavior is malicious spreading.”

 “I disagree with the prosecutor’s statement.”

Su Bai raised his hand to signal.

“First of all... I would like to ask the prosecutor, you said that Dongbo Company’s server contains a large number of cached pornographic videos. Have you seen the videos in Dongbo Company’s server?”

“Has the appraiser seen the relevant video?”

 As to whether the evidence is established, it still needs to be appraised by an appraiser. The appraiser needs to be responsible for supervision and legal responsibility for the content of the appraisal.

 In this court hearing, the appraiser also attended the court hearing.

Appraiser Zhang Yu said: "As an appraiser, I have appraised relevant videos. I have watched all of them, and 70% of them are dirty videos."

"Then I would like to ask the appraiser, how are you sure that 70% of the videos are pornographic videos? How did you record them under the circumstances?"

 “I came to this conclusion after watching a lot of videos.”

“Okay, thank you for the appraiser’s cooperation. Then I would like to ask what software the appraiser uses to view it?”

 “Viewed through decompression software.”

"OK, thanks."

“Based on the above situation, I would like to ask the prosecutor.”

“The appraiser uses the decompression software to see the perfect decompression. It also belongs to the same software. In this process, the appraiser is the user. Is the decompression software playing dirty videos?”

“According to the prosecutor’s statement, the decompression software played the dirty video, so does that constitute dissemination?!”

“If it is spread, does it constitute the spread of filthy behavior?!”

“As far as I know, every player plays dirty videos to a greater or lesser extent, or is capable of playing dirty videos.”

“The major responsible persons are also more or less aware of this situation. If this is said, then the responsible persons of major video players need to pay criminal liability.”

“According to what the prosecutor said, I don’t know if I understand it correctly. I also ask the prosecutor to answer my questions.”

Facing Su Bai's inquiry, Chen Xiang fell into a brief silence.

this problem.…

 Did he fall into a misunderstanding in the inquiry?

.

 ….

 ps：Please give me a monthly ticket~

 (End of this chapter)