Lawyer

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

Yu Wendong has already come to the whiteboard hanging on the glass wall with a marker pen, ready to record the case information.

"I didn't want to take this case, but the client said that the defendant is a woman, and a female lawyer must handle the case. Yun Qiao just became a full-time professional and lacks experience, so there is no other way, so Lao Xie assigned the case to me." Zhou Ying Reluctantly said.

"If you want to be good at it, you have to take more difficult cases. If it's all assembly line work, a lawyer will never be able to succeed in a lifetime. He will always be a screwdriver." Meng Guangda said with a smile.

"Huh? Brother Da, have you colluded with Boss Fang? The external caliber is very consistent! I understand that it is not easy to be on the same team with you. It is all a case of brain cells." Zhou Ying joked.

"Use it or lose it, use your brain more to prevent degeneration. Maybe after working as a lawyer for a few years, your IQ will rise to 170." Meng Guangda laughed and said, "If you don't talk about it, I'll pack up and go out to eat."

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

The defendant in Zhou Ying's case of distributing obscene materials for profit is named Jiang Chunzhi. He came out to work before finishing junior high school. Later, it is said that he went to work in the south for a while, and worked in a hair salon in the county for a while after returning.

In the second half of last year, in order to make money, Jiang Chunzhi registered three QQ accounts online and gave himself three stage names.

After registration, Jiang Chunzhi posted his QQ account on QQ chat rooms and some chat websites, and sent messages in the chat to seduce netizens to engage in L-chat and make profits from it.

Afterwards, Jiang Chunzhi added in the personal information and introduction description of the QQ account, "Add me, please specify Alipay, you can try it for five yuan (L body, I am definitely a real person), and one hundred yuan for half an hour after satisfaction. Additional money, good reputation" and other personal instructions.

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. The amount provides different L chat content through video.

From August 780th last year to the time of the incident, Jiang Chunzhi's L chats covered more than [-] provinces and more than [-] people. More than [-] times of funding, totaling [-] [-] yuan.

Afterwards, Jiang Chunzhi was arrested by the police.The public security organ transferred her case to the procuratorate for review and prosecution under the pretext of distributing obscene materials for profit.

Yu Wendong stopped writing while writing, and suddenly asked: "Why is there a decimal point in this fee?"

"Yeah, I didn't notice it before, why is there a decimal point?" Zhou Ying looked at Meng Guangda after speaking, she meant Brother Da, do you understand?

Yu Wendong also looked at Meng Guangda.

"What are you all looking at me for? I haven't talked about it yet, how would I know?" Meng Guangda said awkwardly.

"Haha, Brother Da, that's not what I meant. The decimal point is not important, what matters is the facts of the case." Zhou Ying laughed tremblingly.

Yu Wendong turned his back and smiled at the whiteboard.

"You two... hey! Let me tell you what's good about you. Zhou Ying, treat me to dinner at noon today." Meng Guangda said angrily.

"Okay, my treat. Let me first explain my understanding of this case.

I have communicated with the procuratorate, and the procuratorate is going to file a public prosecution with the court for defendant Jiang Chunzhi for distributing obscene materials for profit.

If it is determined that this case constitutes the crime of disseminating obscene articles for profit, it is required that the defendant's dissemination behavior must have the carrier of 'article', including tangible and intangible carriers.

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

In this case, the video information recorded on the disc transferred to the procuratorial organ along with the file is only a video file recorded by the public security organ through technical means, not its original form of existence. Interpretation of the People's Procuratorate on Several Legal Issues Concerning the Specific Application of Law in Criminal Cases Using the Internet, Mobile Communication Terminals, and Voice Channels to Produce, Duplicate, Publish, Sell, and Disseminate Obscene Electronic Information.

Therefore, according to the principle of "none crime in the absence of express provisions of the law", I think that the defendant Jiang Chunzhi's behavior should not be found to constitute the crime of disseminating obscene materials for profit. "Zhou Ying put away her smile and said seriously.

"My opinion is exactly the opposite of yours. In my opinion, the actions of the defendant Jiang Chunzhi constituted the crime of distributing obscene materials for profit.

The crime of disseminating obscene articles for profit refers to the act of disseminating obscene books, films, audio-visual images, pictures or other obscene articles for the purpose of profit.

According to the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Legal Issues Concerning the Application of Laws in Criminal Cases Using the Internet, Mobile Communication Terminals, and Voice Channels to Produce, Duplicate, Publish, Sell, and Disseminate Obscene Electronic Information, Article 367, Paragraph [-] , "Other obscene articles" stipulated in the first paragraph of Article [-] of the "Criminal Law" include obscene video files, audio files, electronic publications, pictures, articles, short messages, etc. Electronic messages and audio message messages.

In this case, the video information disseminated by Jiang Chunzhi through L chats with other people through the Internet should be obscene electronic information that specifically depicts X behavior or explicitly promotes X sex, and his behavior should be convicted and punished as the crime of disseminating obscene materials for profit. "Meng Guangda thought for a while, then retorted Zhou Ying after a while.

Seeing that Zhou Ying still didn't understand, Meng Guangda said, "Let me analyze it for you, 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 transmitted by the 'point-to-face' online chat is obscene, violates social good morals and customs, and is seriously harmful to society.

The so-called "online chatting" refers to the fact that users use special online video chat tools (such as "WeChat", QQ, etc.) to expose all body parts except the face to the camera, and use bold words and actions to transmit information via online video. The chat method for the chat partner.

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

The so-called "point-to-face" means that one party participating in the online L chat is a specific individual, and the other party is an unspecified or a majority of individuals..." Meng Guangda said while watching the two people's reactions.

The two chapters have been updated tonight!