You became a lawyer and sent the judge in

Chapter 210 Questioning, result justice VS procedural justice!

Chen Xiang rubbed his eyebrows.

Facing Su Bai's inquiry, they fell into a stalemate for a while.

He did not expect this situation.

At the same time, several other players and video software company executives who were watching the live broadcast were stunned for a moment while looking at the live broadcast of the trial.

Is this how the prosecutor responded?
Let’s not talk about the effectiveness of the law. This symptom is completely pointing to them!

Can their video player play dirty videos?
Sure!

do they know
For sure!
According to this statement, wouldn't they also be prosecuted?
But in fact, in the operation of the law, the behavior cannot be prosecuted.

Chen Xiang's reply was equivalent to directly putting the people in charge of videos and players at the forefront of the limelight.

No matter what, this topic guide will definitely attack them!
Especially Leyuan Play and Xuanteng Play.

The executives of the two companies frowned as they watched the live broadcast of the trial.

Dongbo's collapse was undoubtedly a good thing for them. Founder Wang Bo joined in. After a few years, technology developed rapidly, and the other party couldn't catch up even if they wanted to.

and.

The key is the boss behind it.

The boss explained behind the scenes that Wang Bo had to go in.

But looking at the current situation, Dongbo has gone bankrupt.

Wang Bo, whether you can go in depends on other circumstances.

But when the live broadcast of the trial spread, their reputation plummeted.

This is the most important and troublesome thing.
.
....
In the live broadcast room outside the court hearing, many viewers watching the live broadcast of the trial also raised the same question.

"What does the prosecutor mean by asking this question?! I don't understand, but I'm shocked!"

"Fuck! The defendant asked this question, right! According to this understanding, does it mean that other players also have related problems? Why only focus on the dynamic broadcast, because the dynamic broadcast is so easy to use?!"

"In this trial, the prosecutor's question is worth pondering!"

"According to this, if I sell kitchen knives and the other party kills people with the kitchen knife, do I also commit a crime?"

"Can anyone explain this?"

"Yes! As someone who knows a little bit about the law, let me explain it to you. I don't know if it's correct or not. Please listen and give me some advice."

"The way the prosecution conducted this inquiry is wrong, and it can be said to be a serious mistake."

"First of all, if you sell a kitchen knife and the other party kills someone with a kitchen knife, you do not violate the law. But if you know that the other party uses a kitchen knife to kill someone, but sells the kitchen knife to the murderer, is there any causal relationship between this case and you?"

"There is a causal relationship!"

"So the defenses of both parties are based on this point, but I don't know if there is a problem with the prosecutor's way of expression, or if there are other circumstances that led to the current situation."

"Oh! Got it!"

"..."

Netizens sparked heated discussions about the initial defense.
.
....
In court.

Chen Xiang knew that this was a live broadcast of the court hearing. Facing the questions raised by Su Bai, he could not answer the questions and could only remain silent.

after a few seconds.

Su Bai smiled and looked at Chen Xiang.

What is the key to this case?
The question lies in whether Wang Bo did it knowingly and intentionally.

And what is Chen Xiang, the prosecutor's question?
The prosecutor's questions and theories mainly focused on whether Dongbo had spread the obscene video.

The key is that you spread it.

Then you are guilty!

What is the definition of guilty?
The definition lies in the chain of evidence, in procedural justice, and in judicial justice.

rather than the outcome being just.

Has animation spread?

Spread!
So is it illegal?

It's illegal!
Did Wang Bo commit the crime of producing, selling, and disseminating filthy materials?
This is really hard to say.

At least not in his opinion right now.

This is also called procedural justice, so the key point of this trial is the justice of the outcome versus the justice of the procedure.

As the prosecutor, Chen Xiang's answers at the trial surprised Su Bai. The main reason was that they were too subjective and arbitrary.

The number of broadcasts only proves that there is dissemination, but if the dissemination is not controlled, is there a crime?

No!

This is equivalent to selling a kitchen knife and selling the kitchen knife to others. Are you guilty?No.

Because you don't know what the other person's purpose is.

This is legally defined as "unintentional" and "unknowingly".

According to the legal definition, personal communication is completed by the individual's subjective will, but the player is not.

The player is dominated by the user's thinking, which is also a key point of Su Bai's defense.
.
....
About 1 minutes passed.

Chen Xiang took a deep breath and did not continue to speak on this topic.

Instead, he started asking from the side: "As for the questions asked by the lawyer entrusted by the defendant, we believe that they have no connection with this case."

"The trial is a discussion of this case and not a discussion of other matters."

"Only discussing this case, did Dongbo spread the dirty video?"

Chen Xiang asked again.

Su Bai replied: "Yes."

"So the spreading of obscene videos was carried out by Dongbo. As an actual person of the company, Wang Bo obviously knew about it. What did he do about it?"

"In other words: Did he exercise any control?"

This issue is the core issue in this court case.

Take control!

It is equivalent to saying that it confirms Wang Bo's subjective behavior from the side.

Whether Wang Bo allowed Dongbo to spread obscene videos is one of the key issues in this case.

Su Bai said: "This needs to be answered by our client."

"Ok."

The direction of Chen Xiang's question turned to Wang Bo.

"I would like to ask the defendant Wang Bo, did you "allow" the spread of the dirty video? After you became aware of it, did you take any actions to control it?"

"Yes, I engaged in controlling behavior."

"Can we have a brief chat? Let's talk roughly about how you controlled your behavior. At what point did you know about it? When did you decide to control it?"

"Okay, I knew about this about half a year ago. At that time, Dongbo's traffic increased rapidly. I was very happy, so I checked the reason. Later I learned that users like to use Dongbo to watch. Dirty video.”

"I stopped and controlled the incident at that time."

"What was your main method of control at the time?"

"The main control method is to use a small amount of manual review and use background procedures for detection."

"However, according to data, the number of dirty video files in animation reaches tens of thousands. Can manual review and background program detection be able to avoid this situation?"

"It can't be avoided."

"Why? Can you give a reasonable reason?"

"Because manual review has limits, we can only ensure that every one is found to be circumvented. Regarding this, the prosecutor can question our auditors. Our review model is to deal with it as soon as it is discovered."

"But there are too many users of Dongbo and there are too many videos watched. We can't handle that much."

"Then why not increase the intensity of manual review?" "Because the company's profits are not good and it needs to control labor costs."

"What about the background detection program you mentioned? Can't this be circumvented at all?"

"Yes, but the number that can be detected is very small. We can only say that if we find it, we will definitely stop spreading it, but we cannot say that it will be completely avoided."

The prosecutor continued to ask: "If you can't completely avoid it, why don't you try to transform the company?"

"Because our company is doing this, without technical support, we cannot transform."

"Do you admit the fact that it caused the spread?"

"Yes."

"So your company has not completely avoided this behavior, do you admit it?"

"Yes, I admit that our company has not achieved complete evasion."

"I still have one question about this, that is, through our search, we found that the search results for animated videos with obscene and other words are far greater than other players. How do other players block it?"

"Why doesn't your player do this kind of search blocking?"

"This is because Dongbo has a large number of users, while the number of users of other players is relatively small."

"The prosecution can try to search from a certain chat software, or try to search from a certain dating software. Their number of users is comparable to ours, but their number of searches is far greater than ours."

Wang Bo turned the topic to "friendly businessmen" again.

Chen Xiang listened silently and did not ask any more questions. He just nodded and said, "Okay, thank you for your cooperation."

After Chen Xiang finished asking, he looked up at the presiding judge's seat: "Presiding Judge, the facts are clear."

"We have completed our inquiries."

"According to the facts, Wang Bo used Dongbo Co., Ltd. for the purpose of making profits. When he knew that Dongbo Co., Ltd. was disseminating filthy materials, he failed to conduct effective supervision, which caused great social influence and the number of disseminations. Far greater than the law requires.”

"The quota has been reached."

"Please ask the presiding judge to make a decision."

Su Bai: "????"

No, is this the inquiry completed?

Facing the prosecution's thoughts, Su Bai frowned slightly.

What is the main idea of ​​this trial?
If Wang Bo is found guilty, the main idea of ​​the prosecution is——

For the purpose of making profits, the main controller of the unit deliberately used the Internet to spread obscene videos in excess of the legal limit.

Five o'clock!

These five points need to be fully confirmed to form a complete chain of evidence before Wang Bo can be convicted.

But what are the points mentioned above?
In other words, only a few points were confirmed?
There is no doubt that the main controller of the unit used the Internet to spread obscene videos exceeding the legal limit.

If you want to refute it, you certainly can't, but the two points of profit-making and deliberate laissez-faire have not yet been clearly clarified!
Does this apply to the presiding judge for a judgment?

"Presiding Judge, I have an objection!"

"I would like to ask the prosecutor, what is the prosecution idea for applying for judgment?"

Shen Xiang: "The facts of the defendant's crime are established, and the evidence is sufficient."

"Okay, then I would like to ask the litigant a few more questions."

"Does the current plea and evidence form a complete chain of evidence?"

"Regarding the related arguments for profit-making, the prosecutor submitted evidence and asked for our opinion?"

"According to the provisions of the Criminal Procedure Law, we have the right to question, so why didn't the prosecutor submit the evidence?"

"If we judge based on this."

"Is this a direct denial of our rights in terms of criminal prosecution?!"

"We think it's unreasonable to judge us based on the current situation, right?!"

"Or, the prosecutor's application judgment only focuses on the results, not the litigation process?"

"Then according to the provisions of criminal prosecution, evidence must have a corresponding chain of evidence. What is the significance?"

"Please give the prosecutor an answer."

Chen Xiang's scalp went numb when he was asked.

In his prosecutorial conduct, he only needs to convince the judge.

As for the defendant?
No need for persuasion at all.

The verdict was determined by the judge, but now facing the accusations from the defendant's lawyer, Chen Xiang was a little confused about how to answer.
.
....
at this time.

On the bench, the presiding judge Yang Yaodong frowned slightly and banged the gavel in response to Chen Xiang and Su Bai's defense.

dong dong!

"The collegial panel gave a brief summary of the defenses of both parties."

"The summary is as follows:"

"The public prosecutor believes that the facts of Wang Bo's crime are established. Wang Bo is the main person in charge of Dongbo Co., Ltd. and confirms that Dongbo Co., Ltd. has spread obscene videos in excess of the legal amount."

"The defendant believes that there is nothing wrong with disseminating obscene videos exceeding the legal limit. As the person in charge of Dongbo Co., Ltd., Wang Bo has no problem with this at all."

"However, the chain of evidence presented by the prosecutor is incomplete and cannot meet the necessary requirements to convict Wang Bo."

"Do you have any objections to the above conclusions?"

Su Bai: "No objection."

Chen Xiang breathed a sigh of relief. At this time, there was no need for him to respond to the defendant's questioning with silence.

Then he said: "No objection."

The gavel sounded.

"Both parties have no objections to this point of view, so now let the defendant state what you think is the completeness of the chain of evidence and what is missing in the chain of evidence."

"The prosecutor will make additional remarks."

"Okay...Presiding Judge."

Facing the presiding judge's words, Su Bai nodded and spoke.

"We believe that the chain of evidence is incomplete because, according to the crime charged against us by the prosecutor, the premise of this crime is to make profits, but the prosecutor did not submit the corresponding evidence or explain this."

"So I think the prosecution's statement is incomplete. Another point is that we don't think what our client showed was intentional."

"Intentional refers to laissez-faire and inaction. Did we act when pornographic materials were spread on animation? Did we let it go?"

"We did not do nothing, nor did we let it go."

"Through this, it cannot be judged that we have implemented it intentionally."

"Through the above two points, we believe that the crime charged by the prosecutor is not established."

"Judge, the above is our statement."

Su Bai finished stating the facts and the completeness of the evidence chain.

Take a deep breath.

The presiding judge sounded the hammer when he questioned the prosecution about the incomplete chain of evidence.

Is this obviously biased in favor of the prosecutor?
This case….
It is still a bit troublesome to win the case, but fortunately this time the trial is broadcast live.

In terms of judgment, if the prosecutor and the presiding judge cannot produce convincing evidence, then the trial will only be terminated or acquitted.
.
...

Overall, it is still within controllable range.

"Take it easy."

Su Bai muttered in his heart.

Li Xuezhen tilted her head. She was originally sorting out litigation materials, but now she set her sights on Chen Xiang.
.
...

PS: Please give me a monthly pass~

(End of this chapter)