Chapter 209 Questioning! The Prosecutor Was Silenced!

Su Bai has already learned about the case.

This case is not too complicated.

Moreover, the client’s appeal is relatively simple, making it a relatively easy court hearing.

All it takes is a reduced sentence.

Again.

At the court hearing, you need to try 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.

Finished.

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 hearing time.

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

This case was heard by the Shangdu Intermediate Court.

On the eve of the trial.

Xanadu.

Legal and senior executives from several video companies came here specifically 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 animation broadcast was suspected of spreading illegal videos.

Dongbo products will be removed from the shelves.

Not only that, but relevant issues were also reported to the relevant prosecutorial departments.

The prosecutor also launched an investigation into Dongbo Company and confirmed that more than 75% of its servers contained illegal videos.

Using this as the key to prosecution and dissemination of illegal videos, Wang Bo was detained for several months.

.

….….

On the 19th of the month, at half past nine in the morning.

Xanadu Intermediate Court.

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, quite a lot to be precise.

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

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

"thank you boss!"

Su Bai:? ? ?

boss? ?

He looked at Li Xuezhen curiously and didn't see anything wrong, so he simply didn't think about it any further.

Li Xuezhen was left secretly happy in her heart.

.

….

When the court session was about to begin, the staff brought Su Bai and Li Xuezhen into the courtroom.

At the court hearing.

After the defendant parties, prosecutors, and clients of the defendant are seated.

The clerk began to read the court discipline.

After the reading was completed, the members of the collegial panel entered the room.

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

When starting a live broadcast.

A large number of barrages appeared in the live broadcast room of the court hearing.

"Punch in and wait for the court hearing. I believe the law will give people a fair verdict."

"I'm looking forward to the verdict. I used Dongbo very well, but the law is the law. If Dongbo 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 barrage, and most of them adhere to the meaning that although I have used animation, if animation is really illegal, the punishment will be whatever happens.

at the same time.

In addition, executives from several companies are also watching the live broadcast of the trial.

We even formed a small group and discussed the results in the group.

"Guess how many years I will be sentenced to Wang Bo for one time?"

"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? The focus should be 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 court!"

"The cause of this case: public prosecution submitted by the 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 prosecutors appeared in court, one was prosecutor Chen Xiang, and the other was 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."

"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 Dongbo, a 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 through a survey of Dongbo’s income, we learned that 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 making profits 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 and not more than ten years, and shall also be fined."

“If the circumstances are particularly serious, 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 Dongbo Co., Ltd."

"By 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 more than ten years in prison, be fined, and have your illegal gains confiscated."

Boom!

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

"There is a presiding judge."

Su Bai spoke.

Su Bai had already learned about the case, the prosecutor and the overall situation of the case before.

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 the animation broadcast.

But does it constitute the crime of spreading obscene materials and be sentenced to more than ten years in prison?

Su Bai thinks 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."

Boom!

"The application is approved. Let the prosecutor 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 prosecute Wang Bo's crimes.

After hearing the presiding judge's answer, the evidence begins.

"First: There is a large amount of obscene content stored in the server of the animation company."

“Second: According to the prosecutor’s use of Dongbo’s search, it was found that the software contained a large number of dirty videos. In the software made by Dongbo, a large number of dirty videos could be found even in hot searches. "

"third:.…."

“….….”

The prosecutor cited several items for evidence.

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

"I would like to ask the prosecutor to wait a moment..."

"What does the lawyer appointed 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."

"Then, can we apply for the disclosure of the evidence provided by the prosecutor?"

"Can."

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

The prosecutor's disclosure was also very clean and tidy, and the servers moved out by the automatic broadcast company were placed in the court.

"This is the server taken from the animation company. The related video materials in the server contain obscene materials. The obscene videos can reach 70%."

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

"No."

"Please continue to state the prosecution."

"OK."

Chen Xiang didn't think too much and continued to state Wang Bo's crime and related evidence.

"Third: Wang Bo, as the main person in charge of the animation company, should have the responsibility to supervise the animation company, but he did not conduct supervision, but adopted a laissez-faire attitude."

"The lack of supervision has led to the dissemination of obscene materials and videos on animation, which has had a huge social impact."

"Based on the above, we believe that in this process, Wang Bo, as the main person in charge of the animation company, should bear corresponding responsibilities and constitute relevant crimes."

.

….

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

"Wang Bo, the defendant's client, do you plead guilty to the crime accused by the prosecutor?"

Wang Bo: "I do not plead guilty. I do not think I have committed relevant crimes."

"I would like to ask my client to defend my actions."

Boom!

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

"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:"

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

"Cache its content."

"and.…"

"There is no subjective deliberate caching, so we believe that this 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, during this process, Wang Bo cannot prevent users from using animation to play relevant content."

"In other words... 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 communication, so we apply to dismiss the prosecution's accusation,"

"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 whether 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 have to 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 it mean? !

How does he answer this question?

This should be a question for 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.

Are the prosecutors preparing to trick themselves?

Su Bai frowned slightly and looked at Chen Xiang.

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

"I would like to ask the defendant, do you know that animation is used to view pornographic 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 prevent users from playing videos. This is not something we can stop, because the video playback 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 questioning.

According to this method of questioning, he will definitely not be able to find out any valid 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 already constitutes the dissemination of obscene materials."

"...and the animation company's server contains a large number of cached videos."

"To this..."

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

"I disagree with the prosecutor's assertion."

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 videos?"

As for 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.

During this trial, the appraiser also attended the trial.

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 did it cause dissemination?!"

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

"As far as I know, every player has more or less played dirty videos, or is capable of playing dirty videos."

"The leaders of the major video players are more or less aware of this situation. If this is said, then the leaders of the major video players need to pay criminal liability."

"According to the prosecutor's statement, 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 vote for me~