Su Bai has already learned about the case.

The case is not too complicated.

Moreover, the client's appeal is relatively simple. It's a relatively easy trial.

It is enough to carry out a sentence of commutation.

Again, that's the same sentence.

At the trial, you need to do your best to complete the client's litigation application!

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

Finished.

Su Bai took a deep breath, the current materials and all the court procedures had been sorted out.

Now it is only necessary to wait for the court to notify the court of the opening time.

In Wang Bo's case, the court has not given a clear trial date.

Su Bai has been there several times, and Sun Han has also made a lot of calls.

In the end, after a month, the court gave an accurate time for the trial.

Wang Bo's company address and household registration are in Shangdu.

The case was heard by the Shangdu Intermediate People's Court.

On the eve of the trial.

On the capital.

The legal counsel and executives of several video companies came over to see the verdict against Wang Bo this time.

These are a few video companies.

I love and hate the mobile broadcast founded by Wang Bo.

How to say it

Several companies have proposed to buy Wang Bo's mobile broadcast, but unfortunately, Wang Bo has always been tenacious and has no intention of selling the mobile broadcast at all.

And then

Several companies jointly reported Wang Bo's broadcast for allegedly spreading improper videos.

Removal of dynamic broadcast products from the shelves.

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

Prosecutors also launched an investigation into the mobile broadcast company, confirming that more than 75 percent of its servers were illicit videos.

As a key to the prosecution and the dissemination of the illicit video, Wang Bo was detained for several months.

.

….….

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

Shangdu Intermediate Court.

Waiting room.

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

Li Xuezhen looked at the litigation materials and squinted her eyes with a smile: "If we win the lawsuit this time, the lawyer's fee will be a lot!" ”

Su Bai: .....

It's a lot, quite a lot, to be exact.

But what does the lawyer's fee have to do with you, a little rich woman?

However, Su Bai didn't have much, just smiled: "Okay, I'll give you a salary increase later." ”

"Thank you boss!"

Su Bai: ???

Boss??

glanced at Li Xuezhen curiously, didn't see anything wrong, and simply didn't continue to think about it.

Only Li Xuezhen was left to rejoice in her heart.

.

….

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

On the court court.

After the defendant's party, the prosecution, the defendant's client, etc. are seated.

The clerk began to read out the court discipline.

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

At the same time, the trial was held in the form of a live broadcast of the trial, and the trial was held in public.

At the start of the live stream.

In the live broadcast room of the trial, a large number of barrages appeared.

"Punch in, wait for the trial, and believe that the law will give people a fair verdict."

"Looking forward to this verdict, it's really good for me to use the broadcast, but the law is the law, and if the broadcast violates the law, the judgment will be awarded."

"Yes, yes, what should I do, come and watch the live broadcast of the trial."

‘.’

In the barrage, there is not much content, most of it adheres to a kind of meaning, although I have used the dynamic broadcast, but if the dynamic broadcast is really illegal, how to judge it.

Meanwhile.

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

I even pulled a small group to discuss the results in the group.

"Guess how many years I was sentenced to Wang Bo once?"

"I don't know, if you look at the amount, maybe ten years?"

"Tsk.... If it comes out in more than ten years, won't the market change completely? ”

"Who knows? Let's focus on the live broadcast of the trial! ”

.

….

After a few simple chats, there was no sound, and all of them focused on the live broadcast of the trial.

The number of people in the live broadcast room has also reached a peak, and the whole network together has reached nearly 100,000 in such a short period of time.

On the court court.

After the presiding judge has verified the identity information and gone through the corresponding procedures.

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

"There are no objections from all parties, and now the court is ready to be held!"

"Cause of action: Public prosecution submitted by the prosecution."

"The public prosecutor believes that there is a huge amount of obscene materials disseminated in the mobile broadcast, and it has caused an extremely bad social impact, and the public prosecution is initiated for the crime of disseminating obscene materials."

"Whether the cause of action is true."

"Yes, Presiding Judge."

Prosecutor Shen Xiang spoke.

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

After hearing the prosecution's confirmation, the presiding judge, Yang Yaodong, continued to speak.

"Next, I would like to ask the prosecutor to make a statement and present evidence on the charge against Wang Bo for the crime of manufacturing, selling, and disseminating obscene materials."

"Okay presiding judge."

Prosecutor Shen Xiang nodded and began to state and present 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."

"Hundreds of millions of views of improperly related videos."

"And through the survey of the income of the mobile broadcast, we know that the annual income of the dynamic wave is as high as hundreds of millions."

According to article 363, article 364 of the Penal Code: "

"Whoever produces, reproduces, publishes, sells, or disseminates pornographic materials for the purpose of making a profit shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and shall also be fined."

"If the circumstances are serious, the sentence is not less than three years and not more than 10 years imprisonment, and a concurrent fine."

"Where the circumstances are especially serious, a sentence of 10 or more years imprisonment or life imprisonment is to be given, and a concurrent fine or confiscation of property is to be given."

"In this case, the prosecution believes that Wang Bo is responsible for the mobile broadcasting company."

"Disseminating obscene materials and earning a high amount of money, we believe that in this case, Wang Bo has constituted a serious or particularly serious circumstance."

"The prosecution recommends that you be sentenced to more than 10 years in prison and fined and confiscated illegal gains because your circumstances are particularly serious."

Knock knock!

Yang Yaodong struck the hammer: "Is there anything you want to say about the lawyer entrusted by the defense?" ”

"Some presiding judges."

Su Bai spoke.

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

As the person in charge of the broadcast, should Wang Bo be responsible for the broadcast of obscene materials?

It stands to reason that it should be.

Because the dissemination of obscene materials has in fact taken place, and Wang Bo, as its person in charge, should be responsible for the broadcast.

But does it constitute the crime of disseminating obscene materials and a sentence of more than 10 years in prison?

Su Bai thought it was not constituted.

So for this case, he also pleaded not guilty.

Under the presiding judge's questioning, Su Bai slowly spoke: "Presiding judge, I want to ask the prosecution to present evidence first. ”

Knock knock!

"The application is approved, and the prosecution will start presenting evidence."

"Okay...."

Shen Xiang didn't think too much, he had obtained accurate permission for this case, and he had to go all out to accuse Wang Bo of the crime.

After hearing the presiding judge's answer, the presentation of evidence began.

"First: there is a large amount of obscene content stored in the servers of the mobile broadcasting company."

"Second: According to the prosecution's use, the mobile broadcast searched and found that the software contained a large number of obscene videos, among which a large number of obscene videos could be found in the software made by the mobile broadcasting company, and even in the hot search."

"Third: ....."

“.….….”

The prosecution listed several articles to adduce evidence.

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

"I would like to ask the prosecution to wait a minute...."

"What do the defense attorneys have to say?"

"That's right, I would like to ask the prosecution, where did the evidence provided by the prosecution come from? Was it taken directly from the server of the mobile broadcasting company? ”

"Yes."

"So, can I apply for the disclosure of the evidence provided by the prosecution?"

"Yes."

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

And the prosecution made it public very cleanly, and put the server moved from the mobile broadcasting company in the courtroom.

"This is the server that was taken from the mobile broadcasting company. Obscene material contained in the relevant video material on the server. Obscene videos can reach 70%. ”

"The defense has a lawyer, is there anything else you have to say?"

"Nope."

"Please continue the prosecution's case."

"Okay."

Shen Xiang didn't think too much about it, and continued to state Wang Bo's crime and related evidence.

"Third: Wang Bo, as the main person in charge of the mobile broadcasting company, should have the responsibility of supervising the mobile broadcasting company, but he did not supervise it, but adopted a laissez-faire attitude."

"There is no regulation, which has led to the dissemination of obscene materials and videos by mobile broadcasts, which has caused huge social influence."

"Based on the above, we believe that in this process, Wang Bo, as the main person in charge of the mobile broadcasting company, should bear the corresponding responsibility and constitute a relevant crime."

.

….

After the prosecution's statement was completed, on the bench, presiding judge Yang Yaodong sorted out the litigation materials and looked at the defendant's seat.

"Wang Bo, the defendant of the prosecution, do you plead guilty to the crime charged by the prosecution?"

Wang Bo: "I don't plead guilty, I don't think I have constituted the relevant crime. ”

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

Knock knock!

"Then now I ask the defendant's client to make a statement."

"Okay presiding judge."

After sorting out the litigation materials, Su Bai spoke:

"We do not agree with the arguments provided by the litigants."

Among them are the following: "

"The first point is that the mobile broadcast is just a player, and its server only stores the content that the user searches, opens and plays."

"Caching its contents."

"And...."

"There is no subjective deliberate caching, so we believe that this alone cannot constitute the definition of the crime of disseminating obscene materials in mobile broadcasting."

"Because there is a relatively important point in the crime of disseminating obscene materials, that is..."

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

"There is no reason to judge that the company is deliberately laissez-faire and that Wang Bo is suspected of disseminating obscene materials just by relying on search and user playback."

"And, in the process, Wang Bo can't prevent users from using dynamic broadcasts to broadcast relevant content."

"That is, .... In essence, the mobile broadcast is just a player, and Wang Bo cannot control how users use it and how they use it. ”

"Based on this, Wang Bo cannot reach a state of deliberate dissemination, so we applied to dismiss the prosecution's accusations,"

"Presiding Judge, we've finished our statement."

.

….

After Su Bai's statement, Shen Xiang immediately asked: "I want to ask the defense lawyer, do you think Wang Bozhi knows that the broadcast is broadcast with obscene materials?" ”

"I refuse to answer your question, according to the provisions of the Code of Criminal Procedure, you can ask my client if he knows,"

"Because my client is the one being sued, and I'm not."

"There is no provision in the Criminal Procedure Law that a litigator must answer the prosecution's questions."

"So to this question, I refuse to answer."

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

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

What does it mean?!

How did he answer this question?

This should be a question to ask the client, he is just a litigator, ask him what he does?

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

Is the prosecution preparing to pit itself?

Su Bai frowned slightly and looked at Shen Xiang.

On the other hand, Shen Xiang didn't care in the slightest, and turned his head to ask Wang Bo a question.

"May I ask the defendant, do you know that the broadcast is used to watch obscene materials?"

"I know...."

"Then if you know, why don't you stop it?"

"Because it can't be stopped, the mobile broadcast is just a player, and he can't stop the user from playing any video, which is not something we can stop, because the video is played by the user's choice."

"You mean it's none of your business for users to choose your software, but why should users choose to use your software?"

"Because my software is good...."

Silent....

Prosecutor Yang Xiaodong suddenly found himself in a misunderstanding.

He rubbed his eyebrows and stopped asking.

According to this method of questioning, he will certainly not be able to find any valid content and legal basis.

So another point was thrown out in this regard.

"Since the defendant Wang Bo knew that the mobile broadcast was used by users to watch obscene videos and did not stop it, then he did not fulfill his obligation to supervise."

"In this case...."

"Wang Bo's conduct has constituted the dissemination of obscene materials."

“.… And there are a lot of cached videos in the servers of the mobile broadcasting company. ”

"To this...."

"We believe that Wang Bo subjectively has malicious dissemination."

"I don't agree with the prosecution about that."

Su Bai raised his hand to signal.

"First of all.... I would like to ask the prosecution, you said that the server of the mobile broadcasting company contains a large number of cached obscene videos, have you ever watched the videos on the server of the mobile broadcasting company? ”

"Has the appraiser seen the video?"

As to whether the evidence is established, it is also necessary for the appraiser to conduct the appraisal, and the appraiser needs to supervise and bear legal responsibility for the content of the appraisal.

During this trial, the expert was also present.

Appraiser Zhang Yu spoke: "As an appraiser, I have identified relevant videos, and I have watched all the videos, and 70% of them are filthy videos. ”

"So I would like to ask the appraiser, how can you be sure that 70% of the videos are filthy? How did you record the situation? ”

"I came to the conclusion after watching a lot of videos."

"Okay, thank you for the cooperation of the appraiser, so I would like to ask what software the appraiser used to watch it?"

"I saw it through the decompression software."

"Okay, thanks."

"Based on the above, I would like to ask the prosecution."

"The appraiser is through the decompression software, to see the perfect decompression, which also belongs to the same software, in this process, the appraiser is the user, is the decompression software playing a dirty video?"

"According to the prosecutor's statement, the decompression software played a dirty video, so did it form a spread?!"

"If there is a spread, does it constitute the spread of filth?!"

"As far as I know, the players are more or less playing dirty videos, or are able to play dirty videos."

"The major responsible persons also know more or less about this situation, if they say so, then the heads of the major video players need to pay criminal responsibility."

"According to the prosecution, I don't know if I understand it correctly or not, and I ask the prosecution to answer my questions."

Faced with Su Bai's inquiry, Shen Xiang fell into a brief silence.

This question....

Did he fall into the mistake of inquiry?

.

….

ps: Ask for a monthly pass~

(End of chapter)