You became a lawyer and sent the judge in
Chapter 213 Come on, you judge?Go out and turn left to reach the supervision department in 1 hour!
Chapter 213 Come on, you judge?Go out and turn left for an hour to reach the supervision department!
In court.
Yang Yaodong was very happy.
At the same time, I also have some complaints about the prosecutor. If there is evidence, why not come up with it earlier and beat the other party to death?
right!
If Su Bai had not rebutted previously, there would be no need to produce this evidence.
Clear your mind.
Yang Yaodong banged the gavel: "Do you, the defendant's litigation lawyer, have any questions about the evidence produced by the prosecutor?"
The defendant's seat.
Su Bai: .
You've already produced evidence and you're still asking me?
The evidence can directly prove it.
And the witness is a manager of Dongbo Co., Ltd.
This kind of testimony is generally relatively recorded.
And hold some substantive evidence and auxiliary evidence.
If he has doubts, those doubts can only undermine the testimony.
Overthrowing testimony?
is it possible?
There is almost no possibility.
Furthermore, the judgment in this area is originally based on the focus of the presiding judge.
The presiding judge favored the prosecution.
The results speak for themselves.
Even if you say something fancy, what you say may not necessarily have legal effect.
It cannot fight for any legal rights and interests for its client.
Better to keep silent.
Su Bai slowly shook his head: "No."
Hearing Su Bai's voice, Yang Yaodong felt a little happy.
As long as there are no doubts.
That way, the rest is much easier!
dong dong!
The gavel struck, and Yang Yaodong stated: "Now let's make a judgment."
“Based on the prosecutor’s and defendant’s responses and the evidence submitted by both parties, the court has now determined that Dobo mainly attracts users by distributing dirty videos!”
"Does the parties have any objections?"
Chen Xiang: "No objection."
Su Bai: "No objection."
for such a judgment.
It wasn't just Su Bai who had no objection.
Even some loyal fans who supported Dongbo outside the court had no objections.
why?
Because everyone knows in their hearts what animation broadcasters mainly use to attract users.
In this regard, Su Bai did not say much.
.
.......
at the same time.
During the judgment, the executives of Leyuan Media and Xuanteng Media watched the live broadcast of the trial and couldn't help but breathe a sigh of relief.
Such a judgment.
The court has already determined what constitutes animation broadcasting.
how to say.
What this means is that Dongbo can never turn around again!
The animation is gone.
Then the rest is just waiting for them to turn around.
Among them, the senior executives of Xuanteng are still reporting the situation to the person in charge of the company.
"Mr. Liu...the trial is already more than half way through, and Dongbo has been judged to have used color videos to attract users!"
"Yes, yes, Mr. Liu, my personal feeling is that Dongbo will definitely not be able to turn around this time, and there will be no major problems."
"Yes Yes."
"I really don't know whether Wang Bo will be sentenced or not."
There was silence on the other end of the phone for a few seconds, and then a serious voice came out: "Wang Bo has good skills and a strong team. It will be good for our development to sit here for a few years."
"When the verdict comes out, you can call me again and tell me that Wang Bo has been sentenced for several years."
How many years will you be sentenced?
The person in charge frowned slightly and said with a smile: "Okay, okay, Mr. Liu, I understand, I know."
"Well, just keep an eye on it. If there is any movement, remember to report it to me."
"Okay..I understand."
.
....
The phone call was interrupted, and the person in charge frowned. Whether Wang Bo could be imprisoned, he couldn't interfere.
This judicial decision is not up to him...
How many years?
The person in charge shook his head and did not continue to think about it.
Forget it.
This is the boss's business.
When the time comes, he will just inform you of the verdict.
.
.... ...
In court.
The verdict and trial of Wang Bo are coming to an end.
The chain of evidence is divided into five points.
The current situation is that four points have been determined, and only the last point is left!
That is whether Wang Bo has adequate supervision and laissez-faire behavior.
If it is determined that Wang Bo's supervision was not in place or he acted laissez-faire, that is, the evidence chain is complete.
Wang Bo can be found guilty.
Su Bai didn't know how the collegial court or the Shangdu Intermediate Court certified the quantity of transmission.
If the certification of dirty video files is based on the [Interpretation of Obscene Electronic Information], then Wang Bo's prison term will be as high as more than ten years.
Directly applying Article 363 of the Criminal Law, the sentence will be less than three years.
If the attempt principle is adopted, the sentence will be reduced to about three years and the sentence will be suspended.
.
....
Various situations.
However, based on the current situation of the collegial bench.
If Wang Bo can be found guilty, then the sentence must be higher.
Even though, in this trial, the prosecutor's initial performance and the presiding judge's initial performance were not good.
But.….
According to the law and regulations, Su Bai really couldn't say anything.
only.
Is the chain of evidence complete?
How is it possible that the chain of evidence is complete!
If it were not for the presiding judge's subjective preference for the prosecution, it would have been determined that Dongbang mainly attracts users by spreading obscene videos.
Through the previous judgment, it can be declared that the prosecution has insufficient evidence to accuse Wang Bo of committing the crime of distributing obscene materials.
.
....
At the end of the judgment.
The presiding judge Yang Yaodong began to summarize the entire review defense.The summary result is that the prosecutor and the defendant are asked to continue to state whether Wang Bo was laissez-faire and poorly supervised.
This is "intentional" in the chain of evidence formed by five evidence points.
Without this "intention", the court would not have ruled that Wang Bo was guilty.
Su Bai took a deep breath...
He had a rough argument with Shen Xiang before about the relevant content.
It seems that this topic will be continued for defense.
But for this point.
Su Bai believes that on this point, there is no problem, and no relevant chain of evidence can be formed.
Right now I’m just watching…
Can the prosecutor produce any key evidence or factual basis that can determine death?
the other side….
Chen Xiang sorted out the litigation materials and briefly sorted out the topics that had not been defended before.
Continue speaking again:
"Regarding Wang Bo, is there insufficient supervision over the animated broadcasts he is responsible for?"
"The prosecution has previously raised corresponding questions regarding this evidence point."
"It's just that the prosecutor didn't mention a single piece of evidence last time."
"...Based on the oral statements of the auditors within the animation company and the person in charge of the regulatory process."
"The reviewers indicated that there are few reviewers in the Dongbo company, and the supervision of the supervision process is not in place."
"There are few reviewers and inadequate supervision procedures, which has led to the dissemination of a large number of dirty videos, videos and photos on Dongbo."
"Through this point, we believe that... Animation Broadcasting Company has indulged in laissez-faire behavior."
Chen Xiang's statement was the same as before, there was no big difference.
Indulgence is a deliberate manifestation in the court's procedural determination.
Regarding Chen Xiang's statement, Su Bai retorted: "I think the point raised by the prosecution cannot be accepted."
"First: In criminal terms, laissez-faire refers to intentionality, and intentionality is defined in law as doing it knowingly."
"In other words, Wang Bo knew that animation was being used to spread filthy materials, but he did not stop it."
“The evidence submitted by the prosecution is that they questioned the reviewers and supervisors of program supervision at the animation company.”
"I would like to ask the prosecutor, what is the significance of the proof you submitted?"
"If the animation company really lets it go without supervision, then why are there reviewers and supervisors for program supervision?"
“Have you made any inquiries about the job content of reviewers and program supervisors?”
"You just saw a lot of dirty videos with reviewers and procedural supervision."
"Just using the results to infer whether there was laissez-faire or not does not provide practical evidence."
"This evidence cannot directly show that Wang Bo, as the person in charge of Dongbo Co., Ltd., acted laissez-faire."
“We do not agree with the collegial panel’s acceptance of this evidence for a simple reason.”
"This evidence only shows that the intensity of supervision is not strong, but it does not mean that it is laissez-faire behavior."
"There may also be factors caused by other circumstances..."
.
...
"If Wang Bo didn't let it go, why didn't he recruit more reviewers to increase supervision of the process?"
"I would like to ask the person involved, Wang Bo, to answer me."
Facing prosecutor Chen Xiang's questioning, Wang Bo's mood has always been very stable.
Sitting in the defendant's seat, he spoke calmly: "If we don't recruit reviewers, the labor cost is too high. There are too many cached videos in the server, and the reviewers can't review them at all."
"Procedural supervision is because the technology cannot be implemented..."
“Why can’t the technology be implemented?”
"As far as I know, no company can achieve this kind of technology. The current supervision of animation programs is already the most useful program for domestic players and video companies to supervise."
.
...
Facing Wang Bo's answer, Chen Xiang was silent for a few seconds without speaking.
Because there is nothing left to say.
The point of "laissez-faire and intentional" is based on Wang Bo's statement and confession.
It does not meet the relevant basis.
But in court, he just had to convince the presiding judge.
Based on the evidence submitted by the prosecutor, the presiding judge determined that Wang Bo was laissez-faire and intentional, so... there is not a big problem.
Think about this.
Chen Xiang said: "Presiding Judge, our inquiry has been completed."
"Although Wang Bo's subjectivity says that labor costs need to be controlled and technology implementation is not in place."
"However, it is entirely possible to increase the investment in human costs. It cannot prove its unintentional nature, and the prosecutor has relevant indirect evidence."
"That is, I request the presiding judge to judge Wang Bo's subjectivity."
.... ...
Su Bai:? ? ?
Does the prosecution know what they are talking about?
No...you asked Wang Bo to prove that he did not do it intentionally, and considered his confession as auxiliary evidence, right? .
...
silence.
Su Bai rubbed his eyebrows. Chen Xiang made this application. Was he planning to send the presiding judge in?
You completely ignore the principle of presumption of innocence in criminal proceedings, right?
Convince the chief judge...
Come on, let's see what the presiding judge wants to say.
The trial has reached this stage, what is the most important thing for the presiding judge?
It is to judge whether Wang Bo was laissez-faire and intentional.
It was determined that Wang Bo was suspected of laissez-faire and intentionality, and the evidence chain was complete. Wang Bo was jailed and was sentenced to at least three years in prison.
It was determined that there was no suspicion of laissez-faire or intentionality, and the chain of evidence was insufficient, so he was acquitted.
.
...
Based on the indirect confession provided by Chen Xiang, it cannot be said to be direct.
No, it can't even be called an indirect confession, it can only be said to be a relevant confession.
Let's judge whether Wang Bo did it intentionally, and if Wang Bo can't prove it, then it is intentional laissez-faire.
???
What's the difference between that and hooliganism?
There is no difference at all!
If a criminal suspect is allowed to prove his or her innocence, then why is the principle of presumption of innocence necessary?
What is the principle of presumption of innocence?
This means that the prosecutor cannot produce strong evidence and evidence chain to accuse the suspect.
Then, the suspect is innocent and cannot be allowed to prove his innocence.
This is the principle of presumption of innocence.
.
....
Su Bai looked at Yang Yaodong on the trial bench.
He wanted to see if Yang Yaodong would judge Wang Bo intentionally.
While Su Bai was thinking about it, Li Xuezhen on the side whispered:
"Lawyer Su...I checked..."
"Shangdu Intermediate People's Court is only one hour and eight minutes away from the supervision department..."
Su Bai:? ? ? .
....
PS: There will be another update later, probably around 11 o'clock, which will end the trial of this case.
Ask for a monthly ticket~
(End of this chapter)
In court.
Yang Yaodong was very happy.
At the same time, I also have some complaints about the prosecutor. If there is evidence, why not come up with it earlier and beat the other party to death?
right!
If Su Bai had not rebutted previously, there would be no need to produce this evidence.
Clear your mind.
Yang Yaodong banged the gavel: "Do you, the defendant's litigation lawyer, have any questions about the evidence produced by the prosecutor?"
The defendant's seat.
Su Bai: .
You've already produced evidence and you're still asking me?
The evidence can directly prove it.
And the witness is a manager of Dongbo Co., Ltd.
This kind of testimony is generally relatively recorded.
And hold some substantive evidence and auxiliary evidence.
If he has doubts, those doubts can only undermine the testimony.
Overthrowing testimony?
is it possible?
There is almost no possibility.
Furthermore, the judgment in this area is originally based on the focus of the presiding judge.
The presiding judge favored the prosecution.
The results speak for themselves.
Even if you say something fancy, what you say may not necessarily have legal effect.
It cannot fight for any legal rights and interests for its client.
Better to keep silent.
Su Bai slowly shook his head: "No."
Hearing Su Bai's voice, Yang Yaodong felt a little happy.
As long as there are no doubts.
That way, the rest is much easier!
dong dong!
The gavel struck, and Yang Yaodong stated: "Now let's make a judgment."
“Based on the prosecutor’s and defendant’s responses and the evidence submitted by both parties, the court has now determined that Dobo mainly attracts users by distributing dirty videos!”
"Does the parties have any objections?"
Chen Xiang: "No objection."
Su Bai: "No objection."
for such a judgment.
It wasn't just Su Bai who had no objection.
Even some loyal fans who supported Dongbo outside the court had no objections.
why?
Because everyone knows in their hearts what animation broadcasters mainly use to attract users.
In this regard, Su Bai did not say much.
.
.......
at the same time.
During the judgment, the executives of Leyuan Media and Xuanteng Media watched the live broadcast of the trial and couldn't help but breathe a sigh of relief.
Such a judgment.
The court has already determined what constitutes animation broadcasting.
how to say.
What this means is that Dongbo can never turn around again!
The animation is gone.
Then the rest is just waiting for them to turn around.
Among them, the senior executives of Xuanteng are still reporting the situation to the person in charge of the company.
"Mr. Liu...the trial is already more than half way through, and Dongbo has been judged to have used color videos to attract users!"
"Yes, yes, Mr. Liu, my personal feeling is that Dongbo will definitely not be able to turn around this time, and there will be no major problems."
"Yes Yes."
"I really don't know whether Wang Bo will be sentenced or not."
There was silence on the other end of the phone for a few seconds, and then a serious voice came out: "Wang Bo has good skills and a strong team. It will be good for our development to sit here for a few years."
"When the verdict comes out, you can call me again and tell me that Wang Bo has been sentenced for several years."
How many years will you be sentenced?
The person in charge frowned slightly and said with a smile: "Okay, okay, Mr. Liu, I understand, I know."
"Well, just keep an eye on it. If there is any movement, remember to report it to me."
"Okay..I understand."
.
....
The phone call was interrupted, and the person in charge frowned. Whether Wang Bo could be imprisoned, he couldn't interfere.
This judicial decision is not up to him...
How many years?
The person in charge shook his head and did not continue to think about it.
Forget it.
This is the boss's business.
When the time comes, he will just inform you of the verdict.
.
.... ...
In court.
The verdict and trial of Wang Bo are coming to an end.
The chain of evidence is divided into five points.
The current situation is that four points have been determined, and only the last point is left!
That is whether Wang Bo has adequate supervision and laissez-faire behavior.
If it is determined that Wang Bo's supervision was not in place or he acted laissez-faire, that is, the evidence chain is complete.
Wang Bo can be found guilty.
Su Bai didn't know how the collegial court or the Shangdu Intermediate Court certified the quantity of transmission.
If the certification of dirty video files is based on the [Interpretation of Obscene Electronic Information], then Wang Bo's prison term will be as high as more than ten years.
Directly applying Article 363 of the Criminal Law, the sentence will be less than three years.
If the attempt principle is adopted, the sentence will be reduced to about three years and the sentence will be suspended.
.
....
Various situations.
However, based on the current situation of the collegial bench.
If Wang Bo can be found guilty, then the sentence must be higher.
Even though, in this trial, the prosecutor's initial performance and the presiding judge's initial performance were not good.
But.….
According to the law and regulations, Su Bai really couldn't say anything.
only.
Is the chain of evidence complete?
How is it possible that the chain of evidence is complete!
If it were not for the presiding judge's subjective preference for the prosecution, it would have been determined that Dongbang mainly attracts users by spreading obscene videos.
Through the previous judgment, it can be declared that the prosecution has insufficient evidence to accuse Wang Bo of committing the crime of distributing obscene materials.
.
....
At the end of the judgment.
The presiding judge Yang Yaodong began to summarize the entire review defense.The summary result is that the prosecutor and the defendant are asked to continue to state whether Wang Bo was laissez-faire and poorly supervised.
This is "intentional" in the chain of evidence formed by five evidence points.
Without this "intention", the court would not have ruled that Wang Bo was guilty.
Su Bai took a deep breath...
He had a rough argument with Shen Xiang before about the relevant content.
It seems that this topic will be continued for defense.
But for this point.
Su Bai believes that on this point, there is no problem, and no relevant chain of evidence can be formed.
Right now I’m just watching…
Can the prosecutor produce any key evidence or factual basis that can determine death?
the other side….
Chen Xiang sorted out the litigation materials and briefly sorted out the topics that had not been defended before.
Continue speaking again:
"Regarding Wang Bo, is there insufficient supervision over the animated broadcasts he is responsible for?"
"The prosecution has previously raised corresponding questions regarding this evidence point."
"It's just that the prosecutor didn't mention a single piece of evidence last time."
"...Based on the oral statements of the auditors within the animation company and the person in charge of the regulatory process."
"The reviewers indicated that there are few reviewers in the Dongbo company, and the supervision of the supervision process is not in place."
"There are few reviewers and inadequate supervision procedures, which has led to the dissemination of a large number of dirty videos, videos and photos on Dongbo."
"Through this point, we believe that... Animation Broadcasting Company has indulged in laissez-faire behavior."
Chen Xiang's statement was the same as before, there was no big difference.
Indulgence is a deliberate manifestation in the court's procedural determination.
Regarding Chen Xiang's statement, Su Bai retorted: "I think the point raised by the prosecution cannot be accepted."
"First: In criminal terms, laissez-faire refers to intentionality, and intentionality is defined in law as doing it knowingly."
"In other words, Wang Bo knew that animation was being used to spread filthy materials, but he did not stop it."
“The evidence submitted by the prosecution is that they questioned the reviewers and supervisors of program supervision at the animation company.”
"I would like to ask the prosecutor, what is the significance of the proof you submitted?"
"If the animation company really lets it go without supervision, then why are there reviewers and supervisors for program supervision?"
“Have you made any inquiries about the job content of reviewers and program supervisors?”
"You just saw a lot of dirty videos with reviewers and procedural supervision."
"Just using the results to infer whether there was laissez-faire or not does not provide practical evidence."
"This evidence cannot directly show that Wang Bo, as the person in charge of Dongbo Co., Ltd., acted laissez-faire."
“We do not agree with the collegial panel’s acceptance of this evidence for a simple reason.”
"This evidence only shows that the intensity of supervision is not strong, but it does not mean that it is laissez-faire behavior."
"There may also be factors caused by other circumstances..."
.
...
"If Wang Bo didn't let it go, why didn't he recruit more reviewers to increase supervision of the process?"
"I would like to ask the person involved, Wang Bo, to answer me."
Facing prosecutor Chen Xiang's questioning, Wang Bo's mood has always been very stable.
Sitting in the defendant's seat, he spoke calmly: "If we don't recruit reviewers, the labor cost is too high. There are too many cached videos in the server, and the reviewers can't review them at all."
"Procedural supervision is because the technology cannot be implemented..."
“Why can’t the technology be implemented?”
"As far as I know, no company can achieve this kind of technology. The current supervision of animation programs is already the most useful program for domestic players and video companies to supervise."
.
...
Facing Wang Bo's answer, Chen Xiang was silent for a few seconds without speaking.
Because there is nothing left to say.
The point of "laissez-faire and intentional" is based on Wang Bo's statement and confession.
It does not meet the relevant basis.
But in court, he just had to convince the presiding judge.
Based on the evidence submitted by the prosecutor, the presiding judge determined that Wang Bo was laissez-faire and intentional, so... there is not a big problem.
Think about this.
Chen Xiang said: "Presiding Judge, our inquiry has been completed."
"Although Wang Bo's subjectivity says that labor costs need to be controlled and technology implementation is not in place."
"However, it is entirely possible to increase the investment in human costs. It cannot prove its unintentional nature, and the prosecutor has relevant indirect evidence."
"That is, I request the presiding judge to judge Wang Bo's subjectivity."
.... ...
Su Bai:? ? ?
Does the prosecution know what they are talking about?
No...you asked Wang Bo to prove that he did not do it intentionally, and considered his confession as auxiliary evidence, right? .
...
silence.
Su Bai rubbed his eyebrows. Chen Xiang made this application. Was he planning to send the presiding judge in?
You completely ignore the principle of presumption of innocence in criminal proceedings, right?
Convince the chief judge...
Come on, let's see what the presiding judge wants to say.
The trial has reached this stage, what is the most important thing for the presiding judge?
It is to judge whether Wang Bo was laissez-faire and intentional.
It was determined that Wang Bo was suspected of laissez-faire and intentionality, and the evidence chain was complete. Wang Bo was jailed and was sentenced to at least three years in prison.
It was determined that there was no suspicion of laissez-faire or intentionality, and the chain of evidence was insufficient, so he was acquitted.
.
...
Based on the indirect confession provided by Chen Xiang, it cannot be said to be direct.
No, it can't even be called an indirect confession, it can only be said to be a relevant confession.
Let's judge whether Wang Bo did it intentionally, and if Wang Bo can't prove it, then it is intentional laissez-faire.
???
What's the difference between that and hooliganism?
There is no difference at all!
If a criminal suspect is allowed to prove his or her innocence, then why is the principle of presumption of innocence necessary?
What is the principle of presumption of innocence?
This means that the prosecutor cannot produce strong evidence and evidence chain to accuse the suspect.
Then, the suspect is innocent and cannot be allowed to prove his innocence.
This is the principle of presumption of innocence.
.
....
Su Bai looked at Yang Yaodong on the trial bench.
He wanted to see if Yang Yaodong would judge Wang Bo intentionally.
While Su Bai was thinking about it, Li Xuezhen on the side whispered:
"Lawyer Su...I checked..."
"Shangdu Intermediate People's Court is only one hour and eight minutes away from the supervision department..."
Su Bai:? ? ? .
....
PS: There will be another update later, probably around 11 o'clock, which will end the trial of this case.
Ask for a monthly ticket~
(End of this chapter)
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