Lawyer's character

"Lawyer Zhou, please introduce the case first." Meng Guangda said after sitting down.

Yu Wendong has already reached the whiteboard hanging on the glass wall with a marker, ready to record the case information.

"Originally I didn't want to take this case, but the client said that the defendant was a woman and a female lawyer had to handle the case. Yun Qiao had just become a regular employee and lacked experience, so she had no choice, so Lao Xie assigned the case to me." Zhou Ying He said helplessly.

"If you want to grow your skills, you have to take on more difficult cases. If it's all assembly line work, a lawyer will never get ahead in his life and will always be a screwdriver." Meng Guangda said with a smile.

"Huh? Brother Da, are you colluding with Boss Fang? The external caliber is very consistent! I understand, it will not be easy to be in the same team with you, it is all a brain-consuming case." Zhou Ying joked.

"Use it or lose it. Using your brain more can prevent degeneration. Maybe after a few years of working as a lawyer, your IQ can reach 170." Meng Guangda said with a smile: "If you don't tell me, I will pack up and go out for dinner." .”

"Ah! It's almost eleven o'clock. Okay, let me introduce the case first..." Zhou Ying took out the case file and introduced it.

The defendant in Zhou Ying's case of distributing obscene materials for profit was named Jiang Chunzhi. He went out to work before finishing junior high school. Later, it was said that he went to the south to work for a period of time, and after returning, he worked in a hair salon in the county for a period of time.

In the second half of last year, in order to make money, Jiang Chunzhi registered three QQ accounts online and gave herself three stage names.

After registering, Jiang Chunzhi listed his QQ account in the QQ chat room and some chat websites, and sent messages in the chat to lure netizens to engage in L chat and make profits from it.

After that, Jiang Chunzhi added in the personal information and introduction of the QQ account, "Please indicate Alipay when adding me. You can try it out for five yuan (L body, I am definitely a real person). If you are satisfied, you will get a one hundred yuan service for half an hour. Special needs are required." Additional money, good credit” and other personal instructions.

When chatting with L, Jiang Chunzhi will first inform the other party of his bank account or the Alipay account he applied for on the Alipay website based on the other party's actual situation. After verifying that the other party has remitted the money, he will remit the funds according to the other party's request and Amount of different L chat content available via video.

From August 15 last year to the time of the incident, Jiang Chunzhi’s L-chat covered more than 20 provinces, with more than 200 people in his L-chat, and his bank account and Alipay account used for L-chat charges were transferred to Funds were raised more than 1,000 times, totaling 36,783.06 yuan.

Afterwards, Jiang Chunzhi was captured by the police. The public security organ transferred her case to the procuratorate for review and prosecution on the charge of distributing obscene materials for profit.

Yu Wendong stopped writing while writing, and suddenly asked: "Why is there a decimal point in this fee amount?"

"Yeah, I didn't notice it before. Why is there a decimal point?" After Zhou Ying finished speaking, she looked at Meng Guangda. What she meant was Brother Da, do you understand?

Yu Wendong also looked at Meng Guangda.

"What do you think I'm doing? I haven't even talked to him before. How could I know?" Meng Guangda said awkwardly.

"Haha, Brother Da, that's not what I meant. The decimal point is not important, what is important is the facts of the case." Zhou Ying smiled wildly.

Yuwendong turned his back and smiled at the whiteboard.

"You two...hey! What good can I say about you? Zhou Ying, you're treating me to lunch today." Meng Guangda said angrily.

"Okay, my treat. Let me first tell you my understanding of this case.

I have communicated with the procuratorate. The procuratorate is planning to prosecute the defendant Jiang Chunzhi in court for the crime of distributing obscene materials for profit.

If it is determined that this case constitutes the crime of disseminating obscene materials for profit, it will require that the defendant's dissemination behavior must have the carrier of "articles", including tangible carriers and intangible carriers.

Although obscene information spread on the Internet does not need to have a tangible carrier, it still needs electronic files such as video files and audio files as necessary carriers.

In this case, the video information recorded on the CD transferred to the procuratorate along with the file was only a video file recorded by the public security agency through technical means, and was not in its original form. The form of information dissemination did not comply with the provisions of the Supreme People's Court, the Supreme People's Court The People's Procuratorate's Interpretation of Several Legal Issues Concerning the Specific Application of Laws in Criminal Cases concerning the Use of the Internet, Mobile Communication Terminals, and Audio Stations to Produce, Copy, Publish, Sell, and Disseminate Obscene Electronic Information.

Therefore, based on the principle that "it is not a crime if there is no express provision in the law", I feel that the defendant Jiang Chunzhi's behavior should not be found to constitute the crime of disseminating obscene materials for profit. Zhou Ying put away her smile and said seriously.

"My opinion is exactly the opposite of yours. I believe that the defendant Jiang Chunzhi's behavior constitutes the crime of distributing obscene materials for profit.

The crime of disseminating obscene materials for profit refers to the act of disseminating obscene books, periodicals, videos, audio and video, pictures or other obscene materials for the purpose of making profits.

According to the provisions of Article 9, Paragraph 1 of the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Legal Issues Concerning the Specific Application of Laws in Criminal Cases Using the Internet, Mobile Communication Terminals, and Audio Stations to Produce, Copy, Publish, Sell, and Disseminate Obscene Electronic Information" , "Other obscene materials" stipulated in Article 367, Paragraph 1, of the "Criminal Law" include obscene video files, audio files, electronic publications, pictures, articles, short messages, etc. that specifically depict X behavior or explicitly promote S pornography. Internet, mobile communication terminal electronic information and audio station voice information.

In this case, the video information disseminated by Jiang Chunzhi through L-chatting with other people through the Internet should be obscene electronic information that specifically depicts X behavior or explicitly promotes pornography. His behavior should be convicted and punished for the crime of disseminating obscene materials for profit. "Meng Guangda thought for a moment and retorted to Zhou Ying after a moment.

Seeing that Zhou Ying still didn't understand, Meng Guangda said, "Let me analyze it for you, maybe you will understand."

Zhou Ying looked at him with wide eyes, and Yu Wendong also sat down, waiting for Master Meng Guangda to explain in detail.

"First, the information conveyed by the 'point-to-face' online L chat is obscene, infringes on the good moral customs of society, and has serious social harm.

The so-called "online L chat" means that users use special online video chat tools (such as "WeChat", QQ, etc.) to expose all other body parts except the face to the camera, and use bold words and actions to transmit information through online videos. The chat method given to the chat partner.

Generally speaking, online chat can be divided into two ways: 'point-to-point' and 'point-to-face'. The so-called "peer-to-peer" refers to the non-public L chat between two specific individuals through the Internet.

The so-called 'point-to-point' means that one party participating in the online chat is a specific individual, and the other party is an unspecified or majority individual..." Meng Guangda said while watching the two people's reactions.

Two chapters have been updated tonight!