On the court court.

Yang Yaodong was very happy in his heart.

At the same time, there are certain complaints about the prosecution, and if there is evidence, don't you take it out earlier and hammer the other party to death?

Oh yes!

Previously, if Su Bai did not refute it, then there was no need to produce this evidence.

Clear your mind.

Yang Yaodong rang the gavel: "Do you have any questions about the evidence presented by the prosecution, the defendant litigation lawyer?" ”

Bench for the Defense.

Su Bai:.

You've given evidence and you're still asking me?

The evidence is straightforward.

And the witness was an officer of the Motion Broadcasting Limited.

This kind of testimony is generally more recorded.

And has a certain amount of substantive evidence and supporting evidence.

If he had any doubts, the only doubts could be to overturn the testimony.

Knock down testimony testimony?

Is it possible?

There are hardly any possibilities.

In addition, the judgment in this regard was originally based on the focus of the presiding judge.

The presiding judge is biased in favour of the prosecution.

The results speak for themselves.

Even if you say it yourself, what you say may not have legal benefits.

They do not have any legal rights and interests for their clients.

It's better to be silent.

Su Bai shook his head slowly: "No." ”

Hearing Su Bai's voice, Yang Yaodong was a little happy in his heart.

Just don't have any doubts.

That way, the rest is much simpler!

Knock knock!

The gavel sounded, and Yang Yaodong opened his mouth to state: "Now make a decision." ”

"Based on the defenses of the prosecution and the defendant, as well as the evidence submitted by both parties, the court now determines that the main purpose of the broadcast is to attract users by disseminating obscene videos!"

"Are there any objections from the parties?"

Shen Xiang: "No objection. ”

Su Bai: "No objection. ”

For such a verdict.

It's not just that Su Bai has no opinion.

Even some loyal fans outside the court who supported the broadcast had no opinion.

Why?

Because everyone knows in their hearts what the main purpose of the broadcast is to attract users.

In this regard, Su Bai did not say anything too much.

.

…….

Meanwhile.

At the time of the decision, Leyuan played and Xuanteng played, and the heads of the two senior executives couldn't help but breathe a sigh of relief when they looked at the live broadcast of the trial.

Such a judgment.

The court has already given the act of constituting the motion broadcast to death.

How to say it.

It means that the mobile broadcast can no longer turn over!

The broadcast is gone.

Isn't that just waiting for them to turn over?

Among them, the senior management of Xuanteng is still deliberately reporting the situation to the person in charge of the enterprise.

"Mr. Liu.. On the side of the trial, more than half of the trial has been carried out so far, and the dynamic broadcast has been judged to use color videos to attract users! ”

"Yes, yes, Mr. Liu, my personal feeling is that the broadcast will definitely not be able to turn over this time, and there will be no big problems."

"Yes, yes."

"I really don't know if Wang Bo will sentence this."

There was silence on the other end of the phone for a few seconds, and then a serious voice came out: "Wang Bo, this person, has good skills, the team's ability is relatively strong, and sitting for a few years is good for our development." ”

"When the verdict comes out, you can call me again and tell me that this Wang Bo has been sentenced for several years."

How many years have you been sentenced?

The person in charge frowned slightly, and said with a smile: "Okay, okay, Mr. Liu, I understand, I know." ”

"Well, keep an eye on it, and if there's any movement, remember to report it to me."

"Okay. Understood, understood. ”

.

….

The phone was interrupted, the person in charge frowned, whether Wang Bo could be imprisoned or not, he couldn't interfere.

This judicial decision is not up to him....

How many years to sentence?

The person in charge shook his head and didn't continue to think about it.

Never mind.

It's a boss thing.

When the time comes, it will be good to give him a notice.

.

….…

On the court court.

The verdict and trial of Wang Bo are nearing completion.

The chain of evidence is divided into five points.

Now the situation is that four points have been decided, and only the last point remains!

That is, whether Wang Bo has supervision in place and laissez-faire.

If it is determined that Wang Bo's supervision is not in place or there is a laissez-faire behavior, that is, the chain of evidence is complete.

Wang Bo can be found guilty.

Su Bai didn't know how the collegial panel or the Shangdu Intermediate Court certified the number of transmissions.

If it is based on the certification of filthy video files in the [Interpretation of Filthy Electronic Information], then Wang Bo's sentence will be as high as more than ten years.

Directly applying Article 363 of the Criminal Law, the sentencing will be up to three years.

If the attempt principle is applied, it will be reduced to about three years and the sentence will be suspended.

.

….

Multiple scenarios.

However, according to the current situation of the collegial panel of the trial.

If Wang Bo can be found guilty, then it will definitely be a higher sentence.

Even if, in this trial, the prosecution's performance at the beginning and the presiding judge's performance at the beginning were not good.

But.....

According to the laws and regulations, Su Bai really can't say anything.

Merely.

A complete chain of evidence?

How can the chain of evidence be complete!

If it weren't for the presiding judge's subjective preference for the prosecution, it would have been determined that the main purpose of the broadcast was to attract users by disseminating obscene videos.

Based on the verdict just now, it can already be declared that the prosecution's evidence is insufficient to charge Wang Bo with the crime of disseminating obscene materials.

.

….

At the end of the judgment.

Presiding Judge Yang Yaodong began to make a summary of the defense of the entire review.

As a result of the summary, the prosecution and the defense are invited to continue to state whether Wang Bo has been permissive and ineffective in supervision.

This is the "intentionality" in the chain of evidence formed by the five points of evidence.

If there was no "intentionality", the court would not have ruled that Wang Bo was guilty.

Su Bai took a deep breath....

Previously, he had roughly pleaded with Shen Xiang, the content of the relevance.

It seems that the topic will continue to be answered.

But for that.

Su Bai believes that at this point, there is no problem, and there is no relevant chain of evidence.

At the moment it's just a matter of looking...

Can the prosecution produce any key evidence, or can it be convicted of factual evidence.

On the other side ....

Shen Xiang sorted out the litigation materials and briefly sorted out the topics that had not been pleaded before.

Continue to speak again:

"Regarding Wang Bo, is there any ineffective supervision of the mobile broadcast he is responsible for?"

"The prosecution has previously asked a corresponding question about this one point of evidence."

"It's just that the prosecution didn't mention a single piece of evidence last time."

"....According to the auditors within the mobile broadcasting company, as well as the person in charge of the regulatory process."

"The auditors showed that there were few auditors in the mobile broadcasting company, and the supervision procedures were not in place."

"The lack of auditors and the lack of regulatory procedures have led to the dissemination of a large number of obscene videos and videos, as well as photos."

"By this we believe that... There is a laissez-faire behavior in the mobile broadcasting company. ”

Shen Xiang's statement, as before, is not much different.

Laissez-faire is a form of intent in the court's procedural determinations.

Regarding Shen Xiang's statement, Su Bai opened his mouth to refute: "I don't think the point raised by the prosecution can be recognized. ”

"First: permissiveness in criminal context refers to willfulness, and intentionality is defined in law as knowingly."

"In other words, Wang Bo knew that the broadcast was being used to spread filthy materials, but he didn't stop it."

"The testimony submitted by the prosecutor was that the auditors in the mobile broadcasting company and the supervisor of the program supervision were questioned."

"I would like to ask the prosecution, what is the significance of this proof you submitted?"

"If the mobile broadcasting company really does not supervise, then why are there auditors and supervisors of process supervision?"

"Have you asked about the work of the auditors and the supervisor of the program?"

"You just see that there are moderators and procedural oversight and there are still a lot of filthy videos flowing around."

"It's just that through the results, to infer whether there is a laissez-faire or not, it is not to produce actual evidence."

"This evidence also does not directly show that Wang Bo, as the person in charge of the mobile broadcasting company, has laissez-faire behavior."

"We do not agree with the collegial panel admitting this evidence for the simple reason that it is accepted."

"This evidence only shows that the supervision is not strong, and it does not mean that it is a laissez-faire behavior."

"There could also be other factors...."

.

…

"If Wang Bo didn't let it go, then why didn't he recruit more auditors to increase procedural supervision?"

"I would like to ask the person concerned, Wang Bo, to answer me."

In the face of the prosecutor's questioning by Shen Xiang, Wang Bo's mood has always been very stable.

Sitting in the defendant's seat, he said calmly: "The labor cost is too great for not recruiting reviewers, and there are too many cached videos in the server, and the reviewers can't review them at all." ”

"Procedural regulation is because technology cannot be implemented...."

"Why can't the technology be implemented?"

"As far as I know, no company can do this kind of technology, and the current supervision of the broadcast program is already the best program for domestic players and video companies."

.

…

Faced with Wang Bo's answer, Shen Xiang was silent for a few seconds and did not speak.

Because there's nothing more to say.

"Laissez-faire and deliberate" is based on Wang Bo's statement and confession.

It is true that the relevant basis is not met.

But in court, he just had to convince the presiding judge.

Based on the evidence submitted by the prosecution, the presiding judge ruled that Wang Boda was laissez-faire and intentional, then....not a big problem.

With that in mind.

Shen Xiang spoke: "Presiding judge, our inquiry has been completed. ”

"Although Wang Bo's subjectivity is that it is necessary to control labor costs and technical implementation is not in place."

"However, it is completely possible to increase the investment in labor costs, and it cannot prove its own involuntary nature, and the prosecution has relevant circumstantial evidence."

"That is, request the presiding judge to make a judgment on Wang Bo's subjectivity."

….…

Su Bai: ???

Does the prosecution know what they are talking about?

No.... You let Wang Bo prove that he was unintentional and think that his confession is auxiliary evidence, right? .

…

Silent.

Su Bai rubbed his eyebrows, Shen Xiang made this application, did he plan to send the presiding judge in?

You completely ignore the principle of presumption of innocence in criminal proceedings, don't you?

Convince the presiding judge ....

Come on, let's see what the presiding judge wants to say.

At this point in the trial, what is the most important thing for the presiding judge?

It is to judge whether Wang Bo is permissive and deliberate.

Wang Bo was found to be suspected of permissiveness and intentionality, and the chain of evidence was complete, and Wang Bo was imprisoned and sentenced to at least three years in prison.

It was found that there was no suspicion of permissiveness and intentionality, that the chain of evidence was insufficient, and that he was acquitted.

.

…

Based on the indirect confession provided by Shen Xiang, it cannot be said to be direct.

No, it can't even be said to be an indirect confession, it can only be said to be a related confession.

to determine whether Wang Bo was intentional, and said that Wang Bo could not prove it, then it was deliberately laissez-faire.

？？？

What's the difference between this and hooliganism?

It makes no difference at all!

If criminal suspects are to be acquitted, then why should the principle of presumption of innocence be necessary?

What is the principle of presumption of innocence?

This means that the prosecution cannot produce strong evidence and chain of evidence to charge the suspect.

Then, the suspect is innocent, and the suspect cannot be allowed to incriminate himself.

This is the principle of presumption of innocence.

.

….

Su Bai looked at Yang Yaodong on the judgment table.

He wanted to see if Yang Yaodong would judge Wang Bo deliberately.

When Su Bai was thinking about it here, Li Xuezhen on the side whispered:

"Lawyer Su.... I've checked..."

"The Shangdu Intermediate Court is only an hour and eight minutes away from the supervision department..."

Su Bai: ???.

….

PS: There will be one more change later, about 11 o'clock, to end the trial of this case.

Ask for a monthly pass~

(End of chapter)