You became a lawyer and sent the judge in
Chapter 211 Rejecting the Presiding Judge's Opinion!The trial explodes!
Chapter 211 Rejecting the opinion of the presiding judge!The trial exploded!
In court.
Chen Xiang noticed Li Xuezhen's gaze:? ? ?
No...why does this feel so wrong?
After looking at each other with Li Xuezhen.
Chen Xiang always felt a little uncomfortable, so he shifted his gaze and looked at his lawsuit materials.
At the presiding judge's seat, Yang Yaodong was listening to the trial statement about Su Bai.
He frowned slightly.
Just as Su Bai thought, he did have some intentions to favor the prosecution during the trial.
after all.…
Public Security Bureau.
As a party to the court, during the collection and verification stages of certain evidence.
He didn't know the other members of the collegial panel or the presiding judge.
But he is more inclined to the materials and evidence provided by the prosecution and the content of the defense.
In other words, it is more likely that Wang Bo is guilty.
But.….
In this case, according to Su Bai, there are huge loopholes in the evidence chain.
A hard verdict?
This is a live trial, how can we impose a hard sentence?
It is impossible to make a hard judgment.
If there is no basis for a judgment, then it is adjudicated in violation of the law. In the live broadcast of so many people's court trial?
Impossible to think about.
A subjective tendency is a tendency.
But in terms of judgment, it is still how to judge, how to judge, and the complete chain of evidence needs to be preserved in order to convict Wang Bo.
Facing the key question raised by Su Bai, the presiding judge remained silent for a few seconds before slowly speaking:
"According to the defendant's statement, the defendant believes that the chain of evidence has not been reached, and the following two points of evidence are missing, or that no reasonable legal basis and factual basis have been given."
"First: It is believed that the profit-making by the defendant Wang Bo through Dongbo is not illegal profit-making. In other words, Dongbo's dissemination of dirty videos is not for the purpose of profit."
"Second: I don't think Wang Bo was willing to let it go subjectively."
"Are the above two points the defendant's view of innocence?"
Su Bai replied: "Yes, presiding judge."
Facing Su Bai's answer, Yang Yaodong sorted out the litigation materials and asked:
"Defendant, what do you mean when you say Wang Bo did not make illegal profits?"
"What you mean is that Wang Bo is not responsible for Dongbo's dissemination of dirty videos, right?"
Facing the presiding judge's question, Su Bai frowned slightly.
As the main person in charge of animation.
As a channel of communication, Wang Bo must be responsible for spreading dirty videos.
Yang Yaodong must also know that Wang Bo needs to be responsible.
Su Bai didn't know what the presiding judge Yang Yaodong meant by asking, but one thing was certain, that is, ordinary people would definitely not ask this.
The question asked by the presiding judge was obviously directed at the defendant.
For questions to members of the trial.
Su Bai replied calmly: "No."
"Wang Bo, as the person in charge of animation broadcasting, should bear corresponding obligations and responsibilities."
"Then what do you mean by this point of view? Can you explain it well?"
Yang Yaodong continued to ask.
"A good presiding judge, according to Article 363 of the Criminal Law, aims to make profits."
"We believe that Wang Bo is not disseminating dirty videos for profit."
"So it does not constitute the crime of spreading filth in the legal sense."
"So what you mean is that Wang Bo is not interested in making profits. Why did he create animation...?"
Faced with this problem of Yang Yaodong.
.
....
Su Bai was silent for a few seconds, why did you create Dongbo?
Not what is the problem? !
Before, it was just tentative questioning and targeting, but now it’s direct and frank targeting, right?
Just now he has made it very clear that distributing dirty videos for profit is completely different from making software for profit.
Now Yang Yaodong's inquiry is subconsciously saying that Wang Bo created animation to spread dirty videos in order to make profits.
Should such a question with strong subjective will be asked by a presiding judge?
Facing Yang Yaodong's question, Su Bai's eyes fell on the court seat.
Speak softly:
"presiding judge."
"Wang Bo created animated broadcasts to make profits, but not to make profits by spreading filthy materials."
"Among the revenue of animation broadcasting, the vast majority of revenue comes from advertising revenue.
These incomes all come from regular advertising channels, and there is no profit from any dirty website.
This point should be clearly marked in the financial report analysis evidence submitted by us. "
"Dongbo relies on users' income from watching software advertisements, not from watching dirty videos, so Dongbo's income is not directly related to the dissemination of dirty videos."
"The question raised by the presiding judge is completely subjective and targeted."
"This kind of inquiry does not comply with the relevant rules of court hearings and does not comply with relevant laws."
"Presiding Judge, what is the purpose of your asking?"
"We do not agree with the presiding judge's point of view and apply to dismiss the presiding judge's inquiry!"
From the presiding judge's indirect interruption of Su Bai's questioning, it could already be seen that in this trial, the presiding judge and the members of the collegial panel were biased towards the prosecution.
Since it is so.
Then there is no need for you to pay attention to the opinions of the presiding judge and the collegial panel during the court hearing.
According to the opponent's thinking, he must want Wang Bo to give a harsher sentence!
As the defendant's lawyer, you must safeguard the legal rights and interests of your client.
Su Bai's voice and answers, as well as the tone of the rejection of the application and questioning.
Yang Yaodong was very unhappy and frowned.
There were scenes of lawyers questioning the presiding judge, but Yang Yaodong had never encountered it.
This was the first time he had seen a criminal lawyer dare to directly angrily criticize the presiding judge during a trial!
And he was still the one who was criticized as the chief judge!
This also made him suffocate in his heart.
The hammer fell heavily, and the atmosphere in the courtroom was extremely solemn.
Su Bai looked at the judgment seat and said nothing.
It doesn't mean that if you hit the hammer, you will be justified, and you will act according to the law in the courtroom!
Judgment according to law!
understand? !
It’s not like you, the presiding judge, can sentence whatever you want!
It's useless even if you break the hammer!
The judgment is wrong, or there is no legal basis. I have stepped on the supervision department of Shangdu in advance!
If you leave the door here, you can arrive there in an hour at most.
.
....
After about 2 minutes, Yang Yaodong slowly calmed down.
This lawsuit...
It is not too easy to fight. In fact, the collegial panel also has a very headache when facing such top criminal lawyers.
If there is not completely sufficient evidence, or there are no flaws or loopholes in the criminal proceedings.
Some top criminal lawyers can easily seize the loopholes in the prosecutor's chain of evidence, the flaws in the criminal proceedings, and procedural irregularities to refute.
He is currently facing such a situation.
This Wang Bo case is difficult to hear!
Yang Yaodong thought silently in his heart.Boom!
The hammer fell.
Yang Yaodong spoke slowly:
"The trial is suspended. The collegial panel needs to sort out the current defense and enter the adjournment stage. The court will reopen in half an hour for trial."
Adjourn!
When Su Bai heard that the court was adjourned, he looked away from the presiding judge's seat.
He exhaled lightly.
In this case, if the relevant trial evidence and materials were not controlled.
Maybe Wang Bo will be severely sentenced. Yang Yaodong's announcement to adjourn the trial was not just his question.
It was also to collect further evidence and make an unfavorable verdict against Wang Bo.
Furthermore, this trial is a live trial. If it is not handled well, it will be a trial accident and you need to calm down.
the other side.
Li Xuezhen silently moved her gaze away from Chen Xiang and landed on the seat of the presiding judge.
.
....
At the prosecutor's seat.
Chen Xiang took a deep breath and thought to himself: "This case is really difficult to handle."
He turned his head and looked at Li Lin: "Didn't you confirm that the evidence we have is sufficient?"
Li Lin nodded: "We have enough information, but if we want to form a chain of evidence, we still need to see the judgment of the presiding judge."
"The current public opinion is too big..."
"A lot of people are paying attention to this case. It's not clear how the presiding judge will decide this case."
"Ok!"
Chen Xiang nodded silently and said nothing more.
.
....
Outside the court, the audience watching the live broadcast felt a little surprised by the development of the defense in the trial.
Originally, they wanted to see whether Wang Bo, the person in charge of Dongbo, would be found guilty.
But now I have seen that the entrusted lawyer directly challenged the presiding judge and the collegial panel!
It can even be said that the presiding judge was forced to announce an adjournment!
Although this kind of scene is not unheard of, it is rare, especially during live broadcasts of court trials.
"Good guy! I've already found out from the beginning that Wu Bo's attorney is the top criminal lawyer Su Bai from Bai Jun Law Firm, one of the top criminal law firms in the country."
"Originally I thought the verdict was certain and there would be no surprises, but looking at it now... I didn't expect Lawyer Su to have such a strong aura in the courtroom!"
"Hahaha! Indeed, top-notch criminal lawyers seem to be fearless in the courtroom."
"Awesome! But this time I directly offended the presiding judge. The next trial is worth looking forward to. Let's see if we can win the case even if we offend the presiding judge!"
"Who says it's not the case! I still want to see how it will develop in the future. When I saw the presiding judge's face just now, I almost got angry!"
"Hahaha!"
.
....
Several other players and video executives noticed the situation in the trial and all frowned slightly.
at the same time.
The collegial panel discusses the room.
Yang Yaodong's face was serious, and his overall condition was not very good.
Song Keren and Xiao Dong, seeing Yang Yaodong in this state, both of them remained silent.
As colleagues for many years, they understand Yang Yaodong's character.
If you can talk less at this time, try to talk as little as possible.
The room was silent for nearly 5 minutes.
Yang Yaodong held the water cup in both hands and kept drinking water. He took a deep breath and slowly calmed down.
He looked at the two of them and said, "What do you two think of this trial?"
look at?
Song Ker and Xiao Dong looked at each other and were silent for a few seconds.
Song Keren said: "Criminal cases definitely require a complete chain of evidence, otherwise it will be easy to be criticized."
"This case is very influential...I think it should be tried seriously."
Xiao Dong was silent on the side, but Yang Yaodong also asked Xiao Dong: "Xiao Dong... what do you think?"
"I don't have any opinion..."
Xiao Dong laughed and didn't express any attitude.
Confronting two people's perspectives.
Yang Yaodong stared at the water glass in his hand, feeling filled with anger.
But at this time, he also knew his priorities clearly.
As time passed, my mood slowly calmed down.
Half an hour passed quickly, the court opened again, and Yang Yaodong sounded the hammer.
"The trial continues..."
"With regard to the two points raised by the defendant in the trial, does the prosecution have anything to say?"
Chen Xiang understood that the presiding judge was leaning towards him on related issues just now.
But he was pushed back by Su Bai.
The presiding judge is next.Definitely not showing too much tendency.
Therefore, in this trial, he must produce enough evidence and arguments to prove the complete chain of evidence of the other party's guilt.
"There are presiding judges."
"President Judge, we believe that there is an indirect cause and effect between the income gained from disseminating obscene videos and the advertising income of animated broadcasts for the purpose of making profits."
"First of all...it can be clearly shown based on the prosecutor's investigation and the evidence that has been submitted."
"Users of Dongbo mainly use Dongbo to play and cache dirty videos."
“Users communicate with each other and spread obscene videos using animation software.”
"And through a survey of users, we found that users' first concept of animation is bad websites and bad players."
"In other words, the main purpose of users using Dongbo software is to spread cached dirty videos."
"And what does Dongbang rely on to achieve profitability?"
"It relies on users to watch advertisements to make money and gain income."
"There is no direct causal relationship between the two, but Dongbang uses an indirect method to attract users by using the idea of watching dirty videos, thereby placing advertisements to achieve the purpose of profit."
"So we think...at this point, Dongbo is for the purpose of making profits, taking advantage of users' psychology of playing dirty videos. The profit-making behavior of advertising, the indirect profit relationship leads to direct results."
"That's why we believe that... it should be determined that there is a certain correlation between the profit-making of Dongbo's advertisements and the dissemination of obscene videos."
"President, we have finished explaining this point."
to be honest!
That means, why is Dongbo so attractive to users?
Why are there so many users?
What are those users coming for?
It's not for being able to play dirty videos!
When you place ads, you need users to watch them in order to make money and earn revenue.
So is there an indirect causal relationship between spreading dirty videos and making profits?
With indirect causal relationship, animation broadcast can be judged.
Convicted of disseminating pornographic videos for profit.
This point is the central point that the prosecution wants to express.
After Chen Xiang finished his statement, he glanced at Su Bai at the defendant's seat.
The expression is slightly relaxed.
Can't beat you to death this time?
.
....
PS: Please give me a monthly ticket~ The monthly ticket is enough, I owe an update, I will make up for it tomorrow~
(End of this chapter)
In court.
Chen Xiang noticed Li Xuezhen's gaze:? ? ?
No...why does this feel so wrong?
After looking at each other with Li Xuezhen.
Chen Xiang always felt a little uncomfortable, so he shifted his gaze and looked at his lawsuit materials.
At the presiding judge's seat, Yang Yaodong was listening to the trial statement about Su Bai.
He frowned slightly.
Just as Su Bai thought, he did have some intentions to favor the prosecution during the trial.
after all.…
Public Security Bureau.
As a party to the court, during the collection and verification stages of certain evidence.
He didn't know the other members of the collegial panel or the presiding judge.
But he is more inclined to the materials and evidence provided by the prosecution and the content of the defense.
In other words, it is more likely that Wang Bo is guilty.
But.….
In this case, according to Su Bai, there are huge loopholes in the evidence chain.
A hard verdict?
This is a live trial, how can we impose a hard sentence?
It is impossible to make a hard judgment.
If there is no basis for a judgment, then it is adjudicated in violation of the law. In the live broadcast of so many people's court trial?
Impossible to think about.
A subjective tendency is a tendency.
But in terms of judgment, it is still how to judge, how to judge, and the complete chain of evidence needs to be preserved in order to convict Wang Bo.
Facing the key question raised by Su Bai, the presiding judge remained silent for a few seconds before slowly speaking:
"According to the defendant's statement, the defendant believes that the chain of evidence has not been reached, and the following two points of evidence are missing, or that no reasonable legal basis and factual basis have been given."
"First: It is believed that the profit-making by the defendant Wang Bo through Dongbo is not illegal profit-making. In other words, Dongbo's dissemination of dirty videos is not for the purpose of profit."
"Second: I don't think Wang Bo was willing to let it go subjectively."
"Are the above two points the defendant's view of innocence?"
Su Bai replied: "Yes, presiding judge."
Facing Su Bai's answer, Yang Yaodong sorted out the litigation materials and asked:
"Defendant, what do you mean when you say Wang Bo did not make illegal profits?"
"What you mean is that Wang Bo is not responsible for Dongbo's dissemination of dirty videos, right?"
Facing the presiding judge's question, Su Bai frowned slightly.
As the main person in charge of animation.
As a channel of communication, Wang Bo must be responsible for spreading dirty videos.
Yang Yaodong must also know that Wang Bo needs to be responsible.
Su Bai didn't know what the presiding judge Yang Yaodong meant by asking, but one thing was certain, that is, ordinary people would definitely not ask this.
The question asked by the presiding judge was obviously directed at the defendant.
For questions to members of the trial.
Su Bai replied calmly: "No."
"Wang Bo, as the person in charge of animation broadcasting, should bear corresponding obligations and responsibilities."
"Then what do you mean by this point of view? Can you explain it well?"
Yang Yaodong continued to ask.
"A good presiding judge, according to Article 363 of the Criminal Law, aims to make profits."
"We believe that Wang Bo is not disseminating dirty videos for profit."
"So it does not constitute the crime of spreading filth in the legal sense."
"So what you mean is that Wang Bo is not interested in making profits. Why did he create animation...?"
Faced with this problem of Yang Yaodong.
.
....
Su Bai was silent for a few seconds, why did you create Dongbo?
Not what is the problem? !
Before, it was just tentative questioning and targeting, but now it’s direct and frank targeting, right?
Just now he has made it very clear that distributing dirty videos for profit is completely different from making software for profit.
Now Yang Yaodong's inquiry is subconsciously saying that Wang Bo created animation to spread dirty videos in order to make profits.
Should such a question with strong subjective will be asked by a presiding judge?
Facing Yang Yaodong's question, Su Bai's eyes fell on the court seat.
Speak softly:
"presiding judge."
"Wang Bo created animated broadcasts to make profits, but not to make profits by spreading filthy materials."
"Among the revenue of animation broadcasting, the vast majority of revenue comes from advertising revenue.
These incomes all come from regular advertising channels, and there is no profit from any dirty website.
This point should be clearly marked in the financial report analysis evidence submitted by us. "
"Dongbo relies on users' income from watching software advertisements, not from watching dirty videos, so Dongbo's income is not directly related to the dissemination of dirty videos."
"The question raised by the presiding judge is completely subjective and targeted."
"This kind of inquiry does not comply with the relevant rules of court hearings and does not comply with relevant laws."
"Presiding Judge, what is the purpose of your asking?"
"We do not agree with the presiding judge's point of view and apply to dismiss the presiding judge's inquiry!"
From the presiding judge's indirect interruption of Su Bai's questioning, it could already be seen that in this trial, the presiding judge and the members of the collegial panel were biased towards the prosecution.
Since it is so.
Then there is no need for you to pay attention to the opinions of the presiding judge and the collegial panel during the court hearing.
According to the opponent's thinking, he must want Wang Bo to give a harsher sentence!
As the defendant's lawyer, you must safeguard the legal rights and interests of your client.
Su Bai's voice and answers, as well as the tone of the rejection of the application and questioning.
Yang Yaodong was very unhappy and frowned.
There were scenes of lawyers questioning the presiding judge, but Yang Yaodong had never encountered it.
This was the first time he had seen a criminal lawyer dare to directly angrily criticize the presiding judge during a trial!
And he was still the one who was criticized as the chief judge!
This also made him suffocate in his heart.
The hammer fell heavily, and the atmosphere in the courtroom was extremely solemn.
Su Bai looked at the judgment seat and said nothing.
It doesn't mean that if you hit the hammer, you will be justified, and you will act according to the law in the courtroom!
Judgment according to law!
understand? !
It’s not like you, the presiding judge, can sentence whatever you want!
It's useless even if you break the hammer!
The judgment is wrong, or there is no legal basis. I have stepped on the supervision department of Shangdu in advance!
If you leave the door here, you can arrive there in an hour at most.
.
....
After about 2 minutes, Yang Yaodong slowly calmed down.
This lawsuit...
It is not too easy to fight. In fact, the collegial panel also has a very headache when facing such top criminal lawyers.
If there is not completely sufficient evidence, or there are no flaws or loopholes in the criminal proceedings.
Some top criminal lawyers can easily seize the loopholes in the prosecutor's chain of evidence, the flaws in the criminal proceedings, and procedural irregularities to refute.
He is currently facing such a situation.
This Wang Bo case is difficult to hear!
Yang Yaodong thought silently in his heart.Boom!
The hammer fell.
Yang Yaodong spoke slowly:
"The trial is suspended. The collegial panel needs to sort out the current defense and enter the adjournment stage. The court will reopen in half an hour for trial."
Adjourn!
When Su Bai heard that the court was adjourned, he looked away from the presiding judge's seat.
He exhaled lightly.
In this case, if the relevant trial evidence and materials were not controlled.
Maybe Wang Bo will be severely sentenced. Yang Yaodong's announcement to adjourn the trial was not just his question.
It was also to collect further evidence and make an unfavorable verdict against Wang Bo.
Furthermore, this trial is a live trial. If it is not handled well, it will be a trial accident and you need to calm down.
the other side.
Li Xuezhen silently moved her gaze away from Chen Xiang and landed on the seat of the presiding judge.
.
....
At the prosecutor's seat.
Chen Xiang took a deep breath and thought to himself: "This case is really difficult to handle."
He turned his head and looked at Li Lin: "Didn't you confirm that the evidence we have is sufficient?"
Li Lin nodded: "We have enough information, but if we want to form a chain of evidence, we still need to see the judgment of the presiding judge."
"The current public opinion is too big..."
"A lot of people are paying attention to this case. It's not clear how the presiding judge will decide this case."
"Ok!"
Chen Xiang nodded silently and said nothing more.
.
....
Outside the court, the audience watching the live broadcast felt a little surprised by the development of the defense in the trial.
Originally, they wanted to see whether Wang Bo, the person in charge of Dongbo, would be found guilty.
But now I have seen that the entrusted lawyer directly challenged the presiding judge and the collegial panel!
It can even be said that the presiding judge was forced to announce an adjournment!
Although this kind of scene is not unheard of, it is rare, especially during live broadcasts of court trials.
"Good guy! I've already found out from the beginning that Wu Bo's attorney is the top criminal lawyer Su Bai from Bai Jun Law Firm, one of the top criminal law firms in the country."
"Originally I thought the verdict was certain and there would be no surprises, but looking at it now... I didn't expect Lawyer Su to have such a strong aura in the courtroom!"
"Hahaha! Indeed, top-notch criminal lawyers seem to be fearless in the courtroom."
"Awesome! But this time I directly offended the presiding judge. The next trial is worth looking forward to. Let's see if we can win the case even if we offend the presiding judge!"
"Who says it's not the case! I still want to see how it will develop in the future. When I saw the presiding judge's face just now, I almost got angry!"
"Hahaha!"
.
....
Several other players and video executives noticed the situation in the trial and all frowned slightly.
at the same time.
The collegial panel discusses the room.
Yang Yaodong's face was serious, and his overall condition was not very good.
Song Keren and Xiao Dong, seeing Yang Yaodong in this state, both of them remained silent.
As colleagues for many years, they understand Yang Yaodong's character.
If you can talk less at this time, try to talk as little as possible.
The room was silent for nearly 5 minutes.
Yang Yaodong held the water cup in both hands and kept drinking water. He took a deep breath and slowly calmed down.
He looked at the two of them and said, "What do you two think of this trial?"
look at?
Song Ker and Xiao Dong looked at each other and were silent for a few seconds.
Song Keren said: "Criminal cases definitely require a complete chain of evidence, otherwise it will be easy to be criticized."
"This case is very influential...I think it should be tried seriously."
Xiao Dong was silent on the side, but Yang Yaodong also asked Xiao Dong: "Xiao Dong... what do you think?"
"I don't have any opinion..."
Xiao Dong laughed and didn't express any attitude.
Confronting two people's perspectives.
Yang Yaodong stared at the water glass in his hand, feeling filled with anger.
But at this time, he also knew his priorities clearly.
As time passed, my mood slowly calmed down.
Half an hour passed quickly, the court opened again, and Yang Yaodong sounded the hammer.
"The trial continues..."
"With regard to the two points raised by the defendant in the trial, does the prosecution have anything to say?"
Chen Xiang understood that the presiding judge was leaning towards him on related issues just now.
But he was pushed back by Su Bai.
The presiding judge is next.Definitely not showing too much tendency.
Therefore, in this trial, he must produce enough evidence and arguments to prove the complete chain of evidence of the other party's guilt.
"There are presiding judges."
"President Judge, we believe that there is an indirect cause and effect between the income gained from disseminating obscene videos and the advertising income of animated broadcasts for the purpose of making profits."
"First of all...it can be clearly shown based on the prosecutor's investigation and the evidence that has been submitted."
"Users of Dongbo mainly use Dongbo to play and cache dirty videos."
“Users communicate with each other and spread obscene videos using animation software.”
"And through a survey of users, we found that users' first concept of animation is bad websites and bad players."
"In other words, the main purpose of users using Dongbo software is to spread cached dirty videos."
"And what does Dongbang rely on to achieve profitability?"
"It relies on users to watch advertisements to make money and gain income."
"There is no direct causal relationship between the two, but Dongbang uses an indirect method to attract users by using the idea of watching dirty videos, thereby placing advertisements to achieve the purpose of profit."
"So we think...at this point, Dongbo is for the purpose of making profits, taking advantage of users' psychology of playing dirty videos. The profit-making behavior of advertising, the indirect profit relationship leads to direct results."
"That's why we believe that... it should be determined that there is a certain correlation between the profit-making of Dongbo's advertisements and the dissemination of obscene videos."
"President, we have finished explaining this point."
to be honest!
That means, why is Dongbo so attractive to users?
Why are there so many users?
What are those users coming for?
It's not for being able to play dirty videos!
When you place ads, you need users to watch them in order to make money and earn revenue.
So is there an indirect causal relationship between spreading dirty videos and making profits?
With indirect causal relationship, animation broadcast can be judged.
Convicted of disseminating pornographic videos for profit.
This point is the central point that the prosecution wants to express.
After Chen Xiang finished his statement, he glanced at Su Bai at the defendant's seat.
The expression is slightly relaxed.
Can't beat you to death this time?
.
....
PS: Please give me a monthly ticket~ The monthly ticket is enough, I owe an update, I will make up for it tomorrow~
(End of this chapter)
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