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

Yu Wendong had already taken a marker to the whiteboard hanging on the glass wall, ready to record the case information.

"I didn't want to take this case, but the client said that the defendant was a woman and that a female lawyer had to handle the case. Yun Qiao just turned positive and lacked experience, so there was no way, so Lao Xie assigned the case to me. Zhou Ying said helplessly.

"If you want to be able to do a long job, you have to take on more difficult cases, if they are all assembly line operations, the lawyer will not be able to get ahead in his life, and he will always be a screwman." Meng Guangda said with a smile.

"Huh? Brother Da, are you colluding with Boss Fang? The external caliber is very consistent! I figured it out, it's not easy to be on a team with you, it's all brain-hungry cases. Zhou Ying joked.

"Use it to prevent degradation, maybe you can reach 170 after working as a lawyer for a few years." Meng Guangda smiled and said, "If you don't say it again, I'll pack up and go out to eat." ”

"Yikes! It's almost eleven o'clock, okay, I'll introduce the case first......" Zhou Ying took out the case file and introduced it.

The defendant in Zhou Ying's case of disseminating obscene materials for profit is named Jiang Chunzhi, who came out to work before finishing junior high school, and later it is said that he went to work in the south for a period of time, and after he returned, he first 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 on the Internet and gave himself three stage names.

After registering, Jiang Chunzhi will hang the QQ number in the QQ chat room and some chat websites, and seduce netizens to chat in the form of messages in the chat to make profits.

After that, Jiang Chunzhi added personal instructions such as "Please indicate Alipay if you add me, you can try to see five yuan (L body, I am definitely a real person), and after being satisfied, 100 yuan will serve for half an hour, and special additional money is needed, and I have a good reputation".

When chatting with L, Jiang Chunzhi will first inform the other party of his bank account number or the Alipay account he applied for on the Alipay website according to the actual situation of the other party, and after verifying that the other party has remitted the money, he will provide different L chat content through video according to the other party's requirements and the amount of funds remitted.

From 15 August last year to the time of the case, Jiang Chunzhi's L chat covered more than 20 provinces, and the targets of L chat were more than 200 people, and the bank account and Alipay account he used to collect fees remitted funds more than 1,000 times, totaling 36,783.06 yuan.

After that, Jiang Chunzhi was arrested by the police. The public security organs transferred her case to the procuratorate for review and prosecution on the charge of disseminating pornographic materials for profit.

Yu Wendong stopped writing and suddenly asked, "Why is there a decimal point for this charge?" ”

"yes, I didn't pay attention to it before, why is there a decimal point?" After Zhou Ying finished speaking, she looked at Meng Guangda, she meant that Da Ge, do you understand.

Yu Wendong also looked at Meng Guangda.

"What do you all think I'm doing? I haven't talked about it yet, how do you know? Meng Guangda said embarrassedly.

"Haha,, I didn't mean that. The decimal point is not important, what matters is the facts of the case. Zhou Ying's smile trembled.

Yu Wendong turned his back and laughed at the whiteboard.

"You two...... Ay! I said what are you doing? Zhou Ying: You have a treat at noon today. Meng Guangda said angrily.

"Okay, I'm in for a treat. Let me start by saying my understanding of this case.

I have communicated with the procuratorate, and the procuratorate is preparing to prosecute the defendant Jiang Chunzhi for the crime of disseminating obscene materials for profit.

If it is determined that the crime of disseminating obscene materials for profit is constituted in this case, it is required that the defendant must have the carrier of 'goods' in his act of dissemination, including tangible and intangible carriers.

Although obscene information disseminated on the Internet may not have a physical carrier, it still needs to have electronic files such as video files and audio files as the necessary carriers.

In this case, the video information recorded in the CD-ROM transferred to the procuratorate with the case file was only a video file recorded by the public security organ through technical means, not its original form of existence, and the form of information dissemination did not comply with the provisions of the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Legal Issues Concerning the Specific Application of Law in Handling Criminal Cases Involving the Production, Reproduction, Publication, Sale, and Dissemination of Obscene Electronic Information Using the Internet, Mobile Communication Terminals, and Voice Stations".

Therefore, in accordance with the principle of 'no crime unless expressly provided for in the law', I do not think that the defendant Jiang Chunzhi's conduct constitutes the crime of disseminating obscene materials for profit. Zhou Ying put away her smile and said seriously.

"My opinion is the opposite of yours. In my opinion, the defendant Jiang Chunzhi's conduct constituted the crime of disseminating obscene materials for profit.

The crime of disseminating pornographic materials for profit refers to the act of disseminating pornographic books, periodicals, films, audio-visual materials, pictures, or other pornographic materials for the purpose of making profits.

In accordance with 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 Law in Handling Criminal Cases of Production, Reproduction, Publication, Sale, and Dissemination of Obscene Electronic Information Using the Internet, Mobile Communication Terminals, and Voice Stations", "other obscene materials" as provided for in the first paragraph of Article 367 of the Criminal Law include obscene video files, audio files, electronic publications, pictures, articles, short messages, etc. Electronic information of mobile communication terminals and voice messages of voice stations.

In this case, the video information disseminated by Jiang Chunzhi through the Internet to chat with other people should be obscene electronic information that specifically depicts X's behavior or explicitly promotes S's feelings, and his conduct should be convicted and punished as the crime of disseminating obscene materials for profit. Meng Guangda thought about it, and retorted to Zhou Ying after a while.

Meng Guangda saw that Zhou Ying still didn't understand a little, so he said: "I'll give you an analysis, maybe you will understand." ”

Zhou Ying stared 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 'peer-to-peer' online L chat is obscene, infringes on social goodness and morality, and has serious social harm.

The so-called "online L chat" refers to the chat method in which the user exposes all other body parts except the face to the camera through a special online video chat tool (such as "etc."), and transmits bold words and actions to the chat partner through the online video.

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

The so-called 'peer-to-peer' means that one party participating in the online L chat is a specific individual, and the other party is an unspecified or majority of individuals......" Meng Guangda said as he watched the reactions of the two.

The two chapters are updated in the evening!