As a Lawyer, You Sent the Judge In? Chapter 210

Chapter 210: Questioning, result justice VS procedural justice!

 Chen Xiang rubbed his eyebrows.

Facing Su Bai's inquiry, he fell into a deadlock for a while.

 He did not expect this situation.

At the same time, several other players and video software company executives who were watching the live broadcast were stunned for a moment while looking at the live broadcast of the court hearing.

This is how the prosecutor responded?

Leaving aside the issue of legal effectiveness, this symptom is completely pointing to them!

 Can their video player play dirty videos?

 Definitely!

 Do they know?

 I definitely know!

According to this statement, wouldn't they also be prosecuted?

 But in fact, in the operation of the law, the behavior cannot be prosecuted.

 Chen Xiang's reply was equivalent to directly putting the people in charge of videos and players at the forefront of the limelight.

 No matter what, this topic guide will definitely attack them!

 Especially music source playback and Xuanteng playback.

 The executives of the two companies frowned as they watched the live broadcast of the trial.

The collapse of Dongbo was undoubtedly a good thing for them. Founder Wang Bo joined in. After a few years, technology developed rapidly, and the other party couldn't catch up even if they wanted to.

ˆ And.

 The key is the boss behind it.

The boss explained behind the scenes that Wang Bo must go in.

 But looking at the current situation, Dongbo has gone bankrupt.

Wang Bo, whether you can go in depends on other circumstances.

 But after the live broadcast of the trial was spread, their reputation dropped off a cliff.

 This is the most important and troublesome thing.

 In the live broadcast room outside the court hearing, many viewers watching the live broadcast of the trial also raised the same question.

“What does the prosecutor mean by asking this question?! I don't understand, but I'm shocked!”

“Shit! The defendant is right to ask this question! If you understand it this way, do other players also have related problems? Why only focus on animation, because animation is so easy to use?!”

“In this trial, the prosecutor's issues are worth pondering!”

“According to this statement, if I sell a kitchen knife and the other party kills someone with the kitchen knife, do I also commit a crime?”

 “Can anyone explain it?”

“Yes! As someone who knows a little bit about the law, let me explain it to you. I don't know if it's correct or not. You can give me your opinion after listening to it.”

“The prosecutor's method of questioning is wrong, and it can be said to be a serious mistake.”

"First of all, if you sell a kitchen knife and the other person kills someone with a kitchen knife, you are not breaking the law. But if you know that the other party uses a kitchen knife to kill someone, but you sell the kitchen knife to the murderer, is there any causal relationship between this case and you?"

 “There is a causal relationship!”

“So the defenses of both parties are based on this point, but I don't know if there is a problem with the prosecutor's way of expression, or if there are other circumstances that led to the current situation.”

 “Oh! Got it!”

　Netizens sparked heated discussions about the initial defense.

 At the court hearing.

 Chen Xiang knew that this was a live broadcast of the court hearing. Facing the questions raised by Su Bai, he could not answer the questions and could only remain silent.

 A few seconds later.

Su Bai smiled and looked at Chen Xiang.

 What is the key to this case?

 The question lies in whether Wang Bo did it knowingly and intentionally.

And what is Chen Xiang, the prosecutor's question?

 The prosecutor's questions and theories mainly focused on whether Dongbo had spread the obscene video.

 The key is that you spread it.

Then you are guilty!

 What is the definition of guilty?

 The definition lies in the chain of evidence, procedural justice, and judicial fairness.

  rather than the justice of the outcome.

 Has animation spread?

 It spread!

Is it so illegal?

 It's illegal!

Did Wang Bo commit the crime of producing, selling, and disseminating filthy materials?

 This is really hard to say.

 At least in his opinion, no.

This is also called procedural justice, so the key point of this trial is the justice of the outcome versus the justice of the procedure.

As the prosecutor, Chen Xiang's answer at the trial surprised Su Bai. The main reason was that it was too subjective and arbitrary.

 The number of views only proves that there is spread, but if the spread is not controlled, is it still a crime?

No!

This is equivalent to selling a kitchen knife. If you sell the kitchen knife to someone else, are you guilty? No.

 Because you don't know what the other person's purpose is.

 This is legally defined as “unintentional” and “unknowingly”.

 In the legal definition, personal communication is completed by the individual's subjective will, but the player is not.

 The player is dominated by the user's thinking, which is also a key point of Su Bai's defense.

 About a minute passed.

Chen Xiang took a deep breath and did not continue to speak on this topic.

Instead, he started asking from the side: "As for the questions asked by the lawyer entrusted by the defendant, we believe that they have no connection with this case."

“The court hearing is a discussion of this case, not a discussion of other matters.”

“Only discuss whether Dongbo spread dirty videos in this case?”

 Chen Xiang asked again.

Su Bai replied: "Yes."

"Then the dissemination of the dirty video was carried out by Dongbo. As an actual person in the company, Wang Bo obviously knew about this matter. What did he do about it?"

 “In other words: Did he exercise any control?”

This issue is the core issue in this court case.

 Take control!

It is equivalent to saying that it confirms Wang Bo's subjective behavior from the side.

Whether Wang Bo allowed Dongbo to spread dirty videos is one of the key issues in this case.

Su Bai said: "This needs to be answered by our client."

"OK."

The direction of Chen Xiang's question turned to Wang Bo.

"I would like to ask the defendant Wang Bo, did you "allow" the spread of the dirty video? After you became aware of it, did you take any actions to control it?"

 “Yes, I engaged in controlling behavior.”

“Can you have a brief chat, roughly talk about how you controlled the behavior, at what point in time did you know about it. At what time did you decide to control it?”

"Okay, I knew about this about half a year ago. At that time, Dongbo's traffic increased rapidly. I was very happy, so I checked the reason. Later I learned that users like to use Dongbo to watch. Dirty video.”

 “I stopped and controlled this matter at that time.”

“What was your main method of control at the time?”

“The main control method is to use a small amount of manual review and use background procedures for detection.”

“However, according to data, the number of dirty video files in animation reaches tens of thousands. Can manual review and background program detection be able to avoid this situation?”

 “Can't be avoided.”

 “Why? Can you give a reasonable reason?”

“Because manual review has limits, we can only ensure that one circumvention is discovered. Regarding this, the prosecutor can question our reviewers. Our review model is to deal with discovery.”

“But there are too many users of Dongbo and there are too many videos watched, and we can't handle that much.”

   “Then why not increase the intensity of manual review?”     “Because the company's profits are not good and labor costs must be controlled.”

“What about the background detection program you mentioned? Can't this be circumvented?”

“Yes, but the number that can be detected is very small. We can only say that if we find it, we will definitely stop spreading it, but we cannot say that it will be completely avoided.”

 The prosecutor continued to ask: “If we can't completely avoid it, why not try to transform the company?”

“Because this is what our company does. Without technical support, we cannot transform.”

“Do you admit the fact that it caused the spread?”

"yes."

“So your company has not completely avoided this behavior, do you admit it?”

“Yes, I admit that our company has not achieved complete avoidance.”

“I still have one question about this, that is, through the search, we found that the search results for Dongbo search for words such as obscenity are much greater than those for other players. How do other players block it?”

“Why doesn't your player do this kind of search blocking?”

“This is because the number of users of Dongbo is large, while the number of users of other players is relatively small.”

“The prosecution can try to search from a certain chat software, or try to search from a certain dating software. Their number of users is equal to ours, but their number of searches is much greater than ours.”

Wang Bo turned the topic to "friendly businessmen" again.

 Chen Xiang listened silently and did not ask any more questions. He just nodded and said: "Okay, thank you for your cooperation."

 After Chen Xiang finished asking, he raised his head and looked at the presiding judge's seat: "Presiding Judge, the facts are clear."

 “We have completed the inquiry.”

"According to the facts, Wang Bo used Dongbo Co., Ltd. for the purpose of making profits. When he knew that Dongbo Co., Ltd. was disseminating filthy materials, he failed to conduct effective supervision, which caused great social influence and the number of disseminations. Far greater than the law requires.”

 “The excess has been reached.”

 “Ask the presiding judge to make a decision.”

Su Bai: “????”

 No, is this the inquiry completed?

Facing the prosecution's train of thought, Su Bai frowned slightly.

What is the main idea of ​​this trial?

If Wang Bo is found guilty, the main prosecution thinking is -

For the purpose of making profits, the main controller of the unit intentionally used the Internet to spread obscene videos in excess of the legal limit.

 Five o'clock!

 These five points need to be fully confirmed and form a complete chain of evidence before Wang Bo can be convicted.

 But the above defense only raises a few points?

  In other words, how many points have been confirmed?

The main controller of the unit used the Internet to spread obscene videos exceeding the legal limit. There is no doubt about these three points.

If you want to refute it, you certainly can't, but the two points of profit-making and deliberate laissez-faire have not yet been clearly distinguished!

 Do you need to apply to the presiding judge to make a decision?

 “Presiding Judge, I have an objection!”

“I would like to ask the prosecutor, what is the prosecution idea for applying for judgment?”

  Shen Xiang: “The defendant's criminal facts are established and the evidence is sufficient.”

“Okay, then I would like to ask the litigant a few more questions.”

“Have the current plea and evidence formed a complete chain of evidence?”

“Regarding the related arguments for profit-making, has the prosecutor submitted evidence and asked for our opinion?”

“According to the provisions of the Criminal Procedure Law, we have the right to question, why doesn't the prosecutor submit evidence?”

  “If it is judged based on this.”

 “Is this a direct denial of our rights from the criminal prosecution?!”

“We think it's unreasonable to judge us based on the current situation, right?!”

“Or is it that the prosecutor's decision on application only focuses on the results and not on the litigation process?”

“So according to the provisions of criminal prosecution, evidence must have a corresponding chain of evidence. What is the significance?”

 “Please ask the prosecutor to answer.”

 Chen Xiang's scalp went numb when he was asked.

 In his prosecution behavior, he only needs to convince the judge.

 As for the defendant?

 No need for persuasion at all.

 The verdict was determined by the judge, but now faced with the accusations from the defendant's lawyer, Chen Xiang was a little unsure of how to answer.

at this time.

On the bench, the presiding judge Yang Yaodong frowned slightly and banged the gavel in response to Chen Xiang and Su Bai's defense.

“The collegial panel gave a brief summary of the defenses of both parties.”

 “The summary is as follows:”

“The prosecutor believes that the facts of Wang Bo's crime are established. Wang Bo is the main person in charge of Dongbo Co., Ltd. and confirms that Dongbo Co., Ltd. has disseminated obscene videos in excess of the legal amount.”

“The defendant believes that there is nothing wrong with disseminating obscene videos exceeding the legal limit. As the person in charge of Dongbo Co., Ltd., Wang Bo has no problem with this at all.”

“However, the chain of evidence presented by the prosecutor is incomplete and cannot meet the necessary requirements to convict Wang Bo.”

“Do both parties have any objections to the above summary?”

Su Bai: "No objection."

 Chen Xiang breathed a sigh of relief. At this time, there was no need for him to respond to the defendant's questioning with silence.

So he said: "No objection."

 The gavel struck.

“Both parties have no objections to this point of view, so now please state the defendant's opinion on the completeness of the chain of evidence and what is missing in the chain of evidence.”

 “The prosecutor will make supplements.”

 “Okay...presiding judge.”

Facing the presiding judge's words, Su Bai nodded and spoke.

“We believe that the chain of evidence is incomplete because, according to the crime charged against us by the prosecutor, the premise of this crime is to make profits, but the prosecutor did not submit the corresponding evidence and did not explain this.”

“So I think the prosecution's statement is incomplete. Another point is that we do not think that what our client showed was intentional.”

“Intentional refers to laissez-faire and inaction. When pornographic materials were spread on animation, did we act? Did we let it go?”

 “We did not do nothing, nor did we let it go.”

 “From this point of view, we cannot judge that we committed it intentionally.”

“Based on the above two points, we believe that the crime alleged by the prosecutor is not established.”

“Presiding judge, the above is our statement.”

Su Bai finished stating the facts and the completeness of the evidence chain.

 Take a deep breath.

The presiding judge sounded the hammer when he questioned the prosecution about the incomplete chain of evidence.

This is obviously biased in favor of the prosecutor?

 This case….

It is still a bit troublesome to win the case, but fortunately this time the trial will be broadcast live.

In terms of judgment, if the prosecutor and the presiding judge cannot produce convincing evidence, then the trial can only be terminated or acquitted.

 Overall, it is still within the controllable range.

"Take it easy."

Su Bai thought silently in his heart.

And Li Xuezhen tilted her head. She was originally sorting out the litigation materials, but now she set her sights on Chen Xiang.

 PS: Please give me a monthly pass~

 (End of this chapter)

Chapter end