The beginning was serious, and the opposite side was scared by me and called the police!
Chapter 268 Qin Mu Is Really Angry
Chapter 268 Qin Mu Is Really Angry
piles.
Case by case.
Words from his mouth echoed in the courtroom.
The sound is sonorous and powerful.
After hearing this, the faces of all parties present changed slightly.
What Qin Mu said...
These are all social events.
The protagonist behind it has indeed encountered criticism and accusations from netizens.
finally……
Because of lack of psychological endurance, he embarked on the road of suicide.
perhaps.
For them, the terrible thing is not death, but life.
live on...
It means that they will continue to bear criticism and abuse from all directions.
sometimes.
Cyberbullying isn't everything that leads to someone else's suicide, it could just be the straw.
The straw that broke the camel's back.
In this fucking society...
There are nine out of ten unsatisfactory things in life.
After being severely beaten by society and life, I encountered overwhelming "maliciousness" from netizens.
It is inevitable that some people can't bear it and choose to commit suicide.
"Here, I want to question the seventeen defendants of the other party. Haven't you thought about the possible consequences of putting such a matter on the Internet and letting netizens abuse our elderly?!"
Qin Mu's sharp eyes scanned Cheng Chuxiao and the other 17 people.
Simultaneously.
His right hand pointed to Zhang Qingyuan beside him.
Seeing this, Zhang Qingyuan was full of confusion.
But he quickly reacted and pretended that he was in great pain.
"Did you see it?"
Qin Mu snorted coldly: "Because of your behavior, my old man was scolded and criticized by countless trolls on the Internet, and suffered great mental torture. Now his complexion is not very good, and he can't sleep every night. "
"Don't you feel guilty about this?!"
this time. ;
He imitated Cheng Chuxiao and others and stood on the moral high ground.
He unceremoniously accused 17 people.
Don't say anything else.
This feeling……
Very cool.
No wonder so many people like to stand on the moral high ground and accuse others.
What he got was a kind of psychological satisfaction.
And in the dock.
Hearing Qin Mu's generous statement, Zhang Qingyuan swallowed subconsciously.
Always feel something is not right.
I have suffered from insomnia these days, and I haven't slept much.
but……
That's because I was so excited to see so many defendants.
At night, he stayed up with Cuihua to check travel guides.
Which countries in Europe are you planning to travel to?
But here at Qin Mu...
But it turned out that he suffered a huge mental damage and suffered a major blow.
He sees these defendants now...
Actually not at all.
Some are all grateful.
Without these defendants, he would not be where he is today.
If it weren't for the conditions, he would have wanted to focus on thanking these defendants when he delivered his acceptance speech for cyberbullying.
however……
in the dock.
Cheng Chuxiao and other 17 people were mercilessly accused by Qin Mu, and they all lowered their heads in shame.
He didn't even dare to look Qin Mu directly.
indeed.
When they published the matter on the Internet and asked people to help defend their rights...
The possible consequences were not considered at all.
These cases cited by Qin Mu...
Behind the scenes were accused by netizens, which eventually led to irreparable results.
they were then.
All he wanted was to seek justice and make Zhang Qingyuan and others apologize.
"Yes, that's right, you just want our old man to apologize, but have you ever thought about it, take a step back and say, after our old man apologizes...will the trolls on the Internet let our old man go?!"
Qin Mu sneered, then angrily.
The initial behavior of Cheng Chuxiao and others...
Maybe Zhang Qingyuan apologized.
But actually.
Even if Zhang Qingyuan apologized and compensated, there will still be netizens on the Internet who will make irresponsible remarks and point fingers at him.
Once the cyberbullying starts...
will not stop.
All those who participate in cyberbullying, one counts as one, are all perpetrators.
Under the avalanche.
No snowflake is innocent.
The woman who gave the delivery man 200 yuan...
After being angered by netizens, he paid the delivery boy several hundred dollars later.
And explained to netizens that she was unemployed at home, did not have much money, and was not financially well off.
but……
Netizens are still chasing after him, showing no mercy.
Continue to accuse her of being hypocritical and make excuses.
finally.
led to the tragedy.
The exasperating thing is...
Those who blame women are mostly educated college students.
after the woman committed suicide.
these people……
There is no so-called guilt and regret at all, but it will complain that the woman's psychological endurance is not enough.
I think they just said a few words casually.
Continue to be active on the web.
Looking for the next "victim".
This kind of people……
It abounds on the web.
Once standing on the moral high ground, these trolls never take the initiative.
Not to mention the slightest sympathy for strangers who are far away from the screen.
"therefore."
Speaking of it.
Qin Mu turned around and looked at Zhou Quanmin and the others: "I think the actions of the seventeen defendants including Cheng Chuxiao have despicable motives, they maliciously stirred up public opinion on the Internet, and attempted to harass our elders online. The circumstances should be serious. Probation should not apply!"
One of Zhang Wei's previous defenses...
It was Cheng Chuxiao and other 17 people. Their actions belonged to seeking justice for dogs. They were out of compassion, and they were justifiable.
against this.
He directly pointed out that the other party's motives were despicable, in order to make Zhang Qingyuan fall into the vortex of public opinion.
Language violence on the Internet...
It is also a type of criminal violence.
The purpose of Cheng Chuxiao and other 17 people was to commit a crime, and the motive was despicable, so probation should not be applied.
"Secondly, what the other party's lawyer said is that they have had a suspension, which can be regarded as a criminal suspension."
Followed by.
He said again: "Article 24, Paragraph 1 of the Criminal Law stipulates: During the process of committing a crime, one who voluntarily renounces the crime or automatically and effectively prevents the result of the crime from happening is a crime suspension."
This is a specialized interpretation of a criminal abort.
Refers to the voluntary abandonment of a crime, or the effective prevention of a crime.
But Zhang Wei adopted the former, which means that Cheng Chuxiao and others did not contribute to the flames and did not make any more troubles.
"But the suspension of crime, in judicial interpretation, needs to meet the following characteristics."
"First, the automaticity of the suspension, which means that the criminal voluntarily gives up the crime out of his own will when he thinks it is possible to carry out the crime to the end, so this condition can be applied."
at this point.
Cheng Chuxiao and the others are naturally in line.
They just started, and the follow-up is all done by netizens themselves.
"Second, the timeliness of the suspension. The suspension of the crime can occur during the preparation of the crime and the process of the attempted crime. Once the crime is completed, there is no suspension at all."
Qin Mu raised his head.
Glancing at Cheng Chuxiao and others, he said coldly: "The seventeen defendants of the other party have spread and spread the fabricated content on the Internet, causing mental and economic losses to our client Zhang Qingyuan, me, and the nursing home. "
"The crime has been constituted, it should belong to the completed crime, and should not be classified as the suspension of the crime!"
The judgment of criminal suspension is more stringent.
If someone commits a murder, he stabs someone with a dagger in his hand, but he wakes up halfway through the knife and pulls out the knife.
This is also not a criminal suspension.
It should belong to the completed crime of intentional injury.
Although he did it out of subjective will, he still caused harm, intentionally injuring the body of others, and committed the crime of intentional injury.
Just like the behavior of Cheng Chuxiao and others.
A criminal act has been constituted and cannot be revoked, and cannot be judged by the cessation of the crime.
and……
The follow-up actions of Cheng Chuxiao and other 17 people did not effectively stop the cyberbullying.
Still causing the original harm.
"Therefore, the suspension of the crime mentioned by the other party's lawyer still does not constitute a crime. It should not be used as a rule to give Cheng Chuxiao and other seventeen defendants a lighter trial."
Qin Mu took a deep breath and concluded.
As for the third point Zhang Wei said...
He did not refute the fact that Cheng Chuxiao and other 17 people actively pleaded guilty and accepted punishment.
The behavior of the other party just now is also in line with the attitude of actively pleading guilty and accepting punishment.
but……
This positive confession of guilt and punishment can certainly reduce the sentence, but the reduction rate is not large.
Most of the time, the court considers the discretionary circumstances of the former two.
……
Jincheng.
nursing home.
yard.
Li Weiguo, Song Tiancheng and others raised their heads and stared at the projection screen intently.
Look very seriously.
"Okay! Well said! If it wasn't for Xiao Qin, I wouldn't know that cyberbullying is so harmful?"
"Sure enough, language is the knife that kills people without blood. A good word warms the winter, and a bad word hurts the June cold. The ancients never deceived me!"
"In our time, how could there be so many things? What about my own family, is it the turn of people on the Internet to make irresponsible remarks?"
"Fortunately, Xiao Qin is here, otherwise these trolls don't know how many people they will harm."
"..."
Listening to Qin Mu's list of victims one by one.
Everyone sighed.
cyberbullying...
They are relatively far away, and they hardly use the Internet.
I have never encountered any so-called cyber violence.
But the things Qin Mu listed...
But it was shocking.
The overwhelming abuse on the Internet can really kill people sometimes!
Rather...
Qin Mu also specifically told them that in this case, Internet trolls do not need to bear any legal responsibility!
For example.
The case of live broadcasting of drinking pesticides that Qin Mu mentioned.
Netizens in the live broadcast room kept booing and telling her to commit suicide.
result……
She literally killed herself.
But actually...
Even if she committed suicide, these netizens would not have to bear any criminal responsibility.
Because the act of suicide is a danger created by oneself and belongs to the anchor's own cognition.
No one forced her.
One or two words on the Internet are not serious enough to constitute a crime of instigating others to commit suicide.
in fact.
Not just this case.
In many incidents of cyberbullying, those who were victimized by cyberbullying died in vain.
No one ever paid for their death.
Legally, no one needs to be held accountable.
Those cyberbullyers...
After a person dies, he doesn't feel that this matter has anything to do with him.
Still continue to be active on the Internet.
Give pointers.
Express your opinion.
Standing on the moral high ground, bashing and blaming others.
"Fortunately, there is Xiao Qin, who directly caught more than 5000 cyberbullyers this time, or how many people would they have harmed?!"
"According to what Xiao Qin said, how do I feel how many people are caught this time? There are so many scolding Lao Zhang on the Internet."
"It is estimated that those people did not spread it widely, so it does not constitute a crime of defamation."
"These people don't know anything, just read a story, and then stand in line to accuse others. It's not like this with a little brain."
"..."
Li Weiguo and the others shook their heads, constantly feeling emotional.
A characteristic of Internet trolls...
It's just half-knowing things and starting to bash one of them.
The so-called don't persuade others to be kind without suffering from others.
They don't even think about what the other party has experienced and what the truth of the matter is.
Such people……
When the lightning strikes, you really want to stay away from them.
A corner of the yard.
Wan Zhongyuan sat on the small bench, also sighing.
This case...
It is not only about Qin Mu and Zhang Qingyuan, but also about their nursing home.
Due to the large number of people, it was impossible to rush to the scene.
So he can only watch the live broadcast here to understand the progress of the case.
What Qin Mu said just now...
It also touched him.
He knows more than Li Weiguo and others, and he is well aware of the two sides of the Internet.
sometimes.
It can expose bad things and allow public opinion to supervise.
But sometimes...
It has become a tool for some caring people, or some media.
At the end of the day.
It's still those trolls who have an overwhelming sense of justice, like to show their sense of presence, and force their speeches if they don't know the truth.
And this time...
Their nursing home suffered greatly from it.
Internet reviews are extremely poor.
If Qin Mu hadn't stood up at a critical moment, it might have closed down because it couldn't recruit the elderly.
"Qin Mu seems to be really angry this time..."
He raised his head.
Looking at Qin Mu's generous speech on the projection screen, he couldn't help muttering.
in his impression.
Qin Mu has always been elegant and easy-going, and seems to be easy to get along with.
He has never seen such a generous statement and a look of relentless pursuit.
Even in the case of suing the whole network last time...
Qin Mu's reaction was not so intense.
……
Zizhou.
In a high-end residential area.
study.
Qing Lan looked at the live broadcast on the computer screen.
Swallowed.
He muttered: "It really... made Up angry."
Since the court session.
She just sat at the computer desk and watched the live broadcast of the trial.
Hearing the real cases listed by Qin Mu one by one.
Behind every case…
All mean a fresh life.
And after Zhang Wei's defense.
Qin Mu launched a frenzied counterattack against Zhang Wei's point of defense.
She had never seen such a side of Qin Mu.
Although Qin Mu was terrifying, he never really showed it.
And the actions of Cheng Chuxiao and others...
It seemed that it really angered Qin Mu.
Qin Mu made it clear that he didn't want to give them a chance to be sentenced to probation.
"These people... are going to suffer severely."
She sighed and shook her head.
For Cheng Chuxiao and others.
She had no sympathy.
As Qin Mu said, those who incite public opinion and initiate cyber violence are not worthy of sympathy.
especially……
The wrong point, obviously lies with them.
They still dare to be so blatant, euphemistically called "rights protection".
If it wasn't for meeting Qin Mu...
Others, maybe they really have to apologize to them and admit their mistakes to them.
Then continue to be criticized by netizens.
……
Jincheng Court.
Second Criminal Court.
Qin Mu bombarded indiscriminately, speaking for 10 minutes.
after his speech.
in the dock.
The 17 people including Cheng Chuxiao and Han Tianming were all blushing and ashamed.
Qin Mu seemed to be speaking...
But every word and every word is pointing at them and scolding them.
They are all adults now.
It was the first time he was scolded like this in public.
That's right.
They don't regret it, they just feel embarrassed.
And beside them.
Zhang Wei took a deep look at Qin Mu, frowning.
His expression was extremely solemn.
Qin Mu's reaction...
It exceeded his expectations.
Obviously he didn't want to give Cheng Chuxiao and others a chance to be sentenced to probation.
and.
Indiscriminate bombing, without mercy.
The two points he raised were refuted by Qin Mu with reason and evidence.
The first point is the motive of the crime, and the second point is the suspension of the crime.
former.
What Qin Mu said was watertight.
The reason why Cheng Chuxiao and others released false statements and information, spread and spread, is for revenge.
And the second point...
Originally, according to the criminal law, for the suspension of the crime, if no damage is caused, the punishment should be exempted; if the damage is caused, the punishment should be reduced.
All that is said here should be.
If the crime can be stopped, the statutory commutation of the sentence can be obtained, that is, the sentence must be commuted.
But Qin Mu...
But he refuted it from the source.
"This case...is probably suspended."
After pondering for a while.
He glanced at Cheng Chuxiao beside him, and said something in a low voice.
There is not much legal knowledge involved in this case.
Judging from the current situation...
It's hard to get probation anymore.
"It's only to blame... you guys offended Qin Mu."
He sighed and chose to give up.
If Qin Mu hadn't pursued and fought so fiercely, he would have great confidence.
But Qin Mu's professional ability...
Not weaker than him.
In a situation where he has the upper hand, he has almost no power to fight back.
"Lawyer Zhang, didn't you say that there is a chance of probation?!"
dock.
Han Tianming and the others also heard Zhang Wei's words and quickly raised their heads.
His face was extremely ugly.
There is no need to go to jail for probation, but for actual punishment.
They can still tell the importance of it.
But Zhang Wei shook his head, expressing helplessness.
As for Qin Mu who is furious...
He can only temporarily avoid the edge.
"I've said everything I need to say. Now is the free debate session. If you want to try again, you can speak freely."
Zhang Wei looked at the crowd and spread his hands.
From his professional point of view...
There was no hope left.
There is a high probability that this case will be tried according to the sentencing in the indictment.
Even if you let them try...
It can't be worse.
And Cheng Chuxiao, Han Tianming and the others looked at each other with a strong desire to survive.
I want to save myself.
Cheng Chuxiao stood up first.
He looked at Qin Mu.
Gritting his teeth tightly, he said reluctantly: "We are willing to apologize and lose money, as much as you say, and publish it publicly on the Internet, so as to return you and the nursing home to innocence."
She wants to take this...
Let Qin Mu relax and let them go.
Although she could not be sentenced to probation, she might be able to reduce it by a year or two.
result……
Qin Mu said with a faint smile: "In the lawsuit, there are also contents of apologizing, losing money and restoring reputation. This is what you should do."
"Tell me, what should I do to let us go?"
Cheng Chuxiao stared at Qin Mu, her emotions were approaching a critical point.
But Qin Mu shrugged.
Turning around to look at Zhou Quanmin, he reported: "The chief judge, the other party asked me to make a condition in court and tried to bribe me."
Zhou Quanmin's old face darkened upon hearing this.
But still looked at Cheng Chuxiao, and warned: "Now is the free debate session, please discuss the focus of the controversy, let alone discuss irrelevant topics!"
Cheng Chuxiao's face was flushed red by such an insult.
Trembling with anger.
But I don't know how to discuss around the focus.
at this time.
Han Tianming, who was beside her, stood up, looked at Qin Mu and retorted: "I think the evidence you listed in the rights protection group has illegally violated our privacy rights, and should not be included as evidence!"
In order to fight for probation and not go to jail.
He racked his brains just now and finally came up with an idea.
He remembered.
He had seen some news before, saying that someone had shown secretly recorded chat records and videos during a lawsuit, but the court refused to accept it.
thought here.
Han Tianming spoke more and more vigorously: "You eavesdropped on the chats in our group and violated the privacy of most people in the group. It is an illegal act!"
As long as these evidences can be rejected, it cannot prove that he has organized others to slander.
He is not a member of the core rights defenders.
Only a certain netizen who participated in this cyberbullying incident will have the opportunity to enjoy a suspended sentence.
And after he finished speaking.
Cheng Chuxiao and the others beside him showed excited expressions.
In those dark eyes...
The desire to survive flickered.
Extremely excited.
Only Zhang Wei patted his forehead helplessly, speechless.
"This is a criminal case, not a civil action."
And on the side of the plaintiffs box.
Qin Mu looked at Han Tianming's rebuttal without raising his eyelids.
He casually replied.
Just this sentence...
So Han Tianming, Cheng Chuxiao and others were dumbfounded.
Han Tianming swallowed.
Ask directly: "You... what do you mean?"
but……
After Qin Mu finished speaking, he ignored him.
On the contrary, Zhang Wei, who was next to him, kindly reminded: "The illegally collected evidence you said is not enough to be believed. It refers to civil lawsuits, not criminal lawsuits."
What Han Tianming said is indeed somewhat reasonable.
but……
But it belongs to half-knowledge.
In accordance with the Civil Procedure Law, to obtain evidence that infringes upon the legitimate rights and interests of others by means of surreptitious photography, surreptitious recording, wiretapping, etc.; to obtain evidence that has been photographed or recorded without the permission of others; The court should not accept the evidentiary materials.
This refers to civil litigation.
All criminal cases do not follow this principle of evidence.
Just imagine.
Someone called for help in the room, and the neighbors broke down the door violently after hearing it. They witnessed the crime and filmed it.
This is definitely a violation of other people's housing property rights and privacy rights.
Evidence is also illegally collected.
But it still works because it's a criminal offense!
And the case they're in now...
It is a criminal private prosecution case, not an ordinary civil lawsuit!
If it is replaced by a civil lawsuit.
For example, in a divorce case, the evidence obtained by secretly photographing is used to prove that the husband has cheated, and a divorce is demanded.
This evidence was not supported by the court.
(End of this chapter)
piles.
Case by case.
Words from his mouth echoed in the courtroom.
The sound is sonorous and powerful.
After hearing this, the faces of all parties present changed slightly.
What Qin Mu said...
These are all social events.
The protagonist behind it has indeed encountered criticism and accusations from netizens.
finally……
Because of lack of psychological endurance, he embarked on the road of suicide.
perhaps.
For them, the terrible thing is not death, but life.
live on...
It means that they will continue to bear criticism and abuse from all directions.
sometimes.
Cyberbullying isn't everything that leads to someone else's suicide, it could just be the straw.
The straw that broke the camel's back.
In this fucking society...
There are nine out of ten unsatisfactory things in life.
After being severely beaten by society and life, I encountered overwhelming "maliciousness" from netizens.
It is inevitable that some people can't bear it and choose to commit suicide.
"Here, I want to question the seventeen defendants of the other party. Haven't you thought about the possible consequences of putting such a matter on the Internet and letting netizens abuse our elderly?!"
Qin Mu's sharp eyes scanned Cheng Chuxiao and the other 17 people.
Simultaneously.
His right hand pointed to Zhang Qingyuan beside him.
Seeing this, Zhang Qingyuan was full of confusion.
But he quickly reacted and pretended that he was in great pain.
"Did you see it?"
Qin Mu snorted coldly: "Because of your behavior, my old man was scolded and criticized by countless trolls on the Internet, and suffered great mental torture. Now his complexion is not very good, and he can't sleep every night. "
"Don't you feel guilty about this?!"
this time. ;
He imitated Cheng Chuxiao and others and stood on the moral high ground.
He unceremoniously accused 17 people.
Don't say anything else.
This feeling……
Very cool.
No wonder so many people like to stand on the moral high ground and accuse others.
What he got was a kind of psychological satisfaction.
And in the dock.
Hearing Qin Mu's generous statement, Zhang Qingyuan swallowed subconsciously.
Always feel something is not right.
I have suffered from insomnia these days, and I haven't slept much.
but……
That's because I was so excited to see so many defendants.
At night, he stayed up with Cuihua to check travel guides.
Which countries in Europe are you planning to travel to?
But here at Qin Mu...
But it turned out that he suffered a huge mental damage and suffered a major blow.
He sees these defendants now...
Actually not at all.
Some are all grateful.
Without these defendants, he would not be where he is today.
If it weren't for the conditions, he would have wanted to focus on thanking these defendants when he delivered his acceptance speech for cyberbullying.
however……
in the dock.
Cheng Chuxiao and other 17 people were mercilessly accused by Qin Mu, and they all lowered their heads in shame.
He didn't even dare to look Qin Mu directly.
indeed.
When they published the matter on the Internet and asked people to help defend their rights...
The possible consequences were not considered at all.
These cases cited by Qin Mu...
Behind the scenes were accused by netizens, which eventually led to irreparable results.
they were then.
All he wanted was to seek justice and make Zhang Qingyuan and others apologize.
"Yes, that's right, you just want our old man to apologize, but have you ever thought about it, take a step back and say, after our old man apologizes...will the trolls on the Internet let our old man go?!"
Qin Mu sneered, then angrily.
The initial behavior of Cheng Chuxiao and others...
Maybe Zhang Qingyuan apologized.
But actually.
Even if Zhang Qingyuan apologized and compensated, there will still be netizens on the Internet who will make irresponsible remarks and point fingers at him.
Once the cyberbullying starts...
will not stop.
All those who participate in cyberbullying, one counts as one, are all perpetrators.
Under the avalanche.
No snowflake is innocent.
The woman who gave the delivery man 200 yuan...
After being angered by netizens, he paid the delivery boy several hundred dollars later.
And explained to netizens that she was unemployed at home, did not have much money, and was not financially well off.
but……
Netizens are still chasing after him, showing no mercy.
Continue to accuse her of being hypocritical and make excuses.
finally.
led to the tragedy.
The exasperating thing is...
Those who blame women are mostly educated college students.
after the woman committed suicide.
these people……
There is no so-called guilt and regret at all, but it will complain that the woman's psychological endurance is not enough.
I think they just said a few words casually.
Continue to be active on the web.
Looking for the next "victim".
This kind of people……
It abounds on the web.
Once standing on the moral high ground, these trolls never take the initiative.
Not to mention the slightest sympathy for strangers who are far away from the screen.
"therefore."
Speaking of it.
Qin Mu turned around and looked at Zhou Quanmin and the others: "I think the actions of the seventeen defendants including Cheng Chuxiao have despicable motives, they maliciously stirred up public opinion on the Internet, and attempted to harass our elders online. The circumstances should be serious. Probation should not apply!"
One of Zhang Wei's previous defenses...
It was Cheng Chuxiao and other 17 people. Their actions belonged to seeking justice for dogs. They were out of compassion, and they were justifiable.
against this.
He directly pointed out that the other party's motives were despicable, in order to make Zhang Qingyuan fall into the vortex of public opinion.
Language violence on the Internet...
It is also a type of criminal violence.
The purpose of Cheng Chuxiao and other 17 people was to commit a crime, and the motive was despicable, so probation should not be applied.
"Secondly, what the other party's lawyer said is that they have had a suspension, which can be regarded as a criminal suspension."
Followed by.
He said again: "Article 24, Paragraph 1 of the Criminal Law stipulates: During the process of committing a crime, one who voluntarily renounces the crime or automatically and effectively prevents the result of the crime from happening is a crime suspension."
This is a specialized interpretation of a criminal abort.
Refers to the voluntary abandonment of a crime, or the effective prevention of a crime.
But Zhang Wei adopted the former, which means that Cheng Chuxiao and others did not contribute to the flames and did not make any more troubles.
"But the suspension of crime, in judicial interpretation, needs to meet the following characteristics."
"First, the automaticity of the suspension, which means that the criminal voluntarily gives up the crime out of his own will when he thinks it is possible to carry out the crime to the end, so this condition can be applied."
at this point.
Cheng Chuxiao and the others are naturally in line.
They just started, and the follow-up is all done by netizens themselves.
"Second, the timeliness of the suspension. The suspension of the crime can occur during the preparation of the crime and the process of the attempted crime. Once the crime is completed, there is no suspension at all."
Qin Mu raised his head.
Glancing at Cheng Chuxiao and others, he said coldly: "The seventeen defendants of the other party have spread and spread the fabricated content on the Internet, causing mental and economic losses to our client Zhang Qingyuan, me, and the nursing home. "
"The crime has been constituted, it should belong to the completed crime, and should not be classified as the suspension of the crime!"
The judgment of criminal suspension is more stringent.
If someone commits a murder, he stabs someone with a dagger in his hand, but he wakes up halfway through the knife and pulls out the knife.
This is also not a criminal suspension.
It should belong to the completed crime of intentional injury.
Although he did it out of subjective will, he still caused harm, intentionally injuring the body of others, and committed the crime of intentional injury.
Just like the behavior of Cheng Chuxiao and others.
A criminal act has been constituted and cannot be revoked, and cannot be judged by the cessation of the crime.
and……
The follow-up actions of Cheng Chuxiao and other 17 people did not effectively stop the cyberbullying.
Still causing the original harm.
"Therefore, the suspension of the crime mentioned by the other party's lawyer still does not constitute a crime. It should not be used as a rule to give Cheng Chuxiao and other seventeen defendants a lighter trial."
Qin Mu took a deep breath and concluded.
As for the third point Zhang Wei said...
He did not refute the fact that Cheng Chuxiao and other 17 people actively pleaded guilty and accepted punishment.
The behavior of the other party just now is also in line with the attitude of actively pleading guilty and accepting punishment.
but……
This positive confession of guilt and punishment can certainly reduce the sentence, but the reduction rate is not large.
Most of the time, the court considers the discretionary circumstances of the former two.
……
Jincheng.
nursing home.
yard.
Li Weiguo, Song Tiancheng and others raised their heads and stared at the projection screen intently.
Look very seriously.
"Okay! Well said! If it wasn't for Xiao Qin, I wouldn't know that cyberbullying is so harmful?"
"Sure enough, language is the knife that kills people without blood. A good word warms the winter, and a bad word hurts the June cold. The ancients never deceived me!"
"In our time, how could there be so many things? What about my own family, is it the turn of people on the Internet to make irresponsible remarks?"
"Fortunately, Xiao Qin is here, otherwise these trolls don't know how many people they will harm."
"..."
Listening to Qin Mu's list of victims one by one.
Everyone sighed.
cyberbullying...
They are relatively far away, and they hardly use the Internet.
I have never encountered any so-called cyber violence.
But the things Qin Mu listed...
But it was shocking.
The overwhelming abuse on the Internet can really kill people sometimes!
Rather...
Qin Mu also specifically told them that in this case, Internet trolls do not need to bear any legal responsibility!
For example.
The case of live broadcasting of drinking pesticides that Qin Mu mentioned.
Netizens in the live broadcast room kept booing and telling her to commit suicide.
result……
She literally killed herself.
But actually...
Even if she committed suicide, these netizens would not have to bear any criminal responsibility.
Because the act of suicide is a danger created by oneself and belongs to the anchor's own cognition.
No one forced her.
One or two words on the Internet are not serious enough to constitute a crime of instigating others to commit suicide.
in fact.
Not just this case.
In many incidents of cyberbullying, those who were victimized by cyberbullying died in vain.
No one ever paid for their death.
Legally, no one needs to be held accountable.
Those cyberbullyers...
After a person dies, he doesn't feel that this matter has anything to do with him.
Still continue to be active on the Internet.
Give pointers.
Express your opinion.
Standing on the moral high ground, bashing and blaming others.
"Fortunately, there is Xiao Qin, who directly caught more than 5000 cyberbullyers this time, or how many people would they have harmed?!"
"According to what Xiao Qin said, how do I feel how many people are caught this time? There are so many scolding Lao Zhang on the Internet."
"It is estimated that those people did not spread it widely, so it does not constitute a crime of defamation."
"These people don't know anything, just read a story, and then stand in line to accuse others. It's not like this with a little brain."
"..."
Li Weiguo and the others shook their heads, constantly feeling emotional.
A characteristic of Internet trolls...
It's just half-knowing things and starting to bash one of them.
The so-called don't persuade others to be kind without suffering from others.
They don't even think about what the other party has experienced and what the truth of the matter is.
Such people……
When the lightning strikes, you really want to stay away from them.
A corner of the yard.
Wan Zhongyuan sat on the small bench, also sighing.
This case...
It is not only about Qin Mu and Zhang Qingyuan, but also about their nursing home.
Due to the large number of people, it was impossible to rush to the scene.
So he can only watch the live broadcast here to understand the progress of the case.
What Qin Mu said just now...
It also touched him.
He knows more than Li Weiguo and others, and he is well aware of the two sides of the Internet.
sometimes.
It can expose bad things and allow public opinion to supervise.
But sometimes...
It has become a tool for some caring people, or some media.
At the end of the day.
It's still those trolls who have an overwhelming sense of justice, like to show their sense of presence, and force their speeches if they don't know the truth.
And this time...
Their nursing home suffered greatly from it.
Internet reviews are extremely poor.
If Qin Mu hadn't stood up at a critical moment, it might have closed down because it couldn't recruit the elderly.
"Qin Mu seems to be really angry this time..."
He raised his head.
Looking at Qin Mu's generous speech on the projection screen, he couldn't help muttering.
in his impression.
Qin Mu has always been elegant and easy-going, and seems to be easy to get along with.
He has never seen such a generous statement and a look of relentless pursuit.
Even in the case of suing the whole network last time...
Qin Mu's reaction was not so intense.
……
Zizhou.
In a high-end residential area.
study.
Qing Lan looked at the live broadcast on the computer screen.
Swallowed.
He muttered: "It really... made Up angry."
Since the court session.
She just sat at the computer desk and watched the live broadcast of the trial.
Hearing the real cases listed by Qin Mu one by one.
Behind every case…
All mean a fresh life.
And after Zhang Wei's defense.
Qin Mu launched a frenzied counterattack against Zhang Wei's point of defense.
She had never seen such a side of Qin Mu.
Although Qin Mu was terrifying, he never really showed it.
And the actions of Cheng Chuxiao and others...
It seemed that it really angered Qin Mu.
Qin Mu made it clear that he didn't want to give them a chance to be sentenced to probation.
"These people... are going to suffer severely."
She sighed and shook her head.
For Cheng Chuxiao and others.
She had no sympathy.
As Qin Mu said, those who incite public opinion and initiate cyber violence are not worthy of sympathy.
especially……
The wrong point, obviously lies with them.
They still dare to be so blatant, euphemistically called "rights protection".
If it wasn't for meeting Qin Mu...
Others, maybe they really have to apologize to them and admit their mistakes to them.
Then continue to be criticized by netizens.
……
Jincheng Court.
Second Criminal Court.
Qin Mu bombarded indiscriminately, speaking for 10 minutes.
after his speech.
in the dock.
The 17 people including Cheng Chuxiao and Han Tianming were all blushing and ashamed.
Qin Mu seemed to be speaking...
But every word and every word is pointing at them and scolding them.
They are all adults now.
It was the first time he was scolded like this in public.
That's right.
They don't regret it, they just feel embarrassed.
And beside them.
Zhang Wei took a deep look at Qin Mu, frowning.
His expression was extremely solemn.
Qin Mu's reaction...
It exceeded his expectations.
Obviously he didn't want to give Cheng Chuxiao and others a chance to be sentenced to probation.
and.
Indiscriminate bombing, without mercy.
The two points he raised were refuted by Qin Mu with reason and evidence.
The first point is the motive of the crime, and the second point is the suspension of the crime.
former.
What Qin Mu said was watertight.
The reason why Cheng Chuxiao and others released false statements and information, spread and spread, is for revenge.
And the second point...
Originally, according to the criminal law, for the suspension of the crime, if no damage is caused, the punishment should be exempted; if the damage is caused, the punishment should be reduced.
All that is said here should be.
If the crime can be stopped, the statutory commutation of the sentence can be obtained, that is, the sentence must be commuted.
But Qin Mu...
But he refuted it from the source.
"This case...is probably suspended."
After pondering for a while.
He glanced at Cheng Chuxiao beside him, and said something in a low voice.
There is not much legal knowledge involved in this case.
Judging from the current situation...
It's hard to get probation anymore.
"It's only to blame... you guys offended Qin Mu."
He sighed and chose to give up.
If Qin Mu hadn't pursued and fought so fiercely, he would have great confidence.
But Qin Mu's professional ability...
Not weaker than him.
In a situation where he has the upper hand, he has almost no power to fight back.
"Lawyer Zhang, didn't you say that there is a chance of probation?!"
dock.
Han Tianming and the others also heard Zhang Wei's words and quickly raised their heads.
His face was extremely ugly.
There is no need to go to jail for probation, but for actual punishment.
They can still tell the importance of it.
But Zhang Wei shook his head, expressing helplessness.
As for Qin Mu who is furious...
He can only temporarily avoid the edge.
"I've said everything I need to say. Now is the free debate session. If you want to try again, you can speak freely."
Zhang Wei looked at the crowd and spread his hands.
From his professional point of view...
There was no hope left.
There is a high probability that this case will be tried according to the sentencing in the indictment.
Even if you let them try...
It can't be worse.
And Cheng Chuxiao, Han Tianming and the others looked at each other with a strong desire to survive.
I want to save myself.
Cheng Chuxiao stood up first.
He looked at Qin Mu.
Gritting his teeth tightly, he said reluctantly: "We are willing to apologize and lose money, as much as you say, and publish it publicly on the Internet, so as to return you and the nursing home to innocence."
She wants to take this...
Let Qin Mu relax and let them go.
Although she could not be sentenced to probation, she might be able to reduce it by a year or two.
result……
Qin Mu said with a faint smile: "In the lawsuit, there are also contents of apologizing, losing money and restoring reputation. This is what you should do."
"Tell me, what should I do to let us go?"
Cheng Chuxiao stared at Qin Mu, her emotions were approaching a critical point.
But Qin Mu shrugged.
Turning around to look at Zhou Quanmin, he reported: "The chief judge, the other party asked me to make a condition in court and tried to bribe me."
Zhou Quanmin's old face darkened upon hearing this.
But still looked at Cheng Chuxiao, and warned: "Now is the free debate session, please discuss the focus of the controversy, let alone discuss irrelevant topics!"
Cheng Chuxiao's face was flushed red by such an insult.
Trembling with anger.
But I don't know how to discuss around the focus.
at this time.
Han Tianming, who was beside her, stood up, looked at Qin Mu and retorted: "I think the evidence you listed in the rights protection group has illegally violated our privacy rights, and should not be included as evidence!"
In order to fight for probation and not go to jail.
He racked his brains just now and finally came up with an idea.
He remembered.
He had seen some news before, saying that someone had shown secretly recorded chat records and videos during a lawsuit, but the court refused to accept it.
thought here.
Han Tianming spoke more and more vigorously: "You eavesdropped on the chats in our group and violated the privacy of most people in the group. It is an illegal act!"
As long as these evidences can be rejected, it cannot prove that he has organized others to slander.
He is not a member of the core rights defenders.
Only a certain netizen who participated in this cyberbullying incident will have the opportunity to enjoy a suspended sentence.
And after he finished speaking.
Cheng Chuxiao and the others beside him showed excited expressions.
In those dark eyes...
The desire to survive flickered.
Extremely excited.
Only Zhang Wei patted his forehead helplessly, speechless.
"This is a criminal case, not a civil action."
And on the side of the plaintiffs box.
Qin Mu looked at Han Tianming's rebuttal without raising his eyelids.
He casually replied.
Just this sentence...
So Han Tianming, Cheng Chuxiao and others were dumbfounded.
Han Tianming swallowed.
Ask directly: "You... what do you mean?"
but……
After Qin Mu finished speaking, he ignored him.
On the contrary, Zhang Wei, who was next to him, kindly reminded: "The illegally collected evidence you said is not enough to be believed. It refers to civil lawsuits, not criminal lawsuits."
What Han Tianming said is indeed somewhat reasonable.
but……
But it belongs to half-knowledge.
In accordance with the Civil Procedure Law, to obtain evidence that infringes upon the legitimate rights and interests of others by means of surreptitious photography, surreptitious recording, wiretapping, etc.; to obtain evidence that has been photographed or recorded without the permission of others; The court should not accept the evidentiary materials.
This refers to civil litigation.
All criminal cases do not follow this principle of evidence.
Just imagine.
Someone called for help in the room, and the neighbors broke down the door violently after hearing it. They witnessed the crime and filmed it.
This is definitely a violation of other people's housing property rights and privacy rights.
Evidence is also illegally collected.
But it still works because it's a criminal offense!
And the case they're in now...
It is a criminal private prosecution case, not an ordinary civil lawsuit!
If it is replaced by a civil lawsuit.
For example, in a divorce case, the evidence obtained by secretly photographing is used to prove that the husband has cheated, and a divorce is demanded.
This evidence was not supported by the court.
(End of this chapter)
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