If you were asked to file a lawsuit, how come you were not found guilty?

Chapter 220 Although it is illegal, it is not a crime

"In fact, it is equivalent to buying a piece of clothing online and only knowing that it is a short-sleeved shirt, but the merchant does not guarantee what pattern is printed on the short-sleeved shirt. You will only know what kind of short-sleeved shirt it is after it is delivered by courier."

Zhuang Xueyu thought for a moment and felt that Fu Zhongchao might not even understand the concept of blind boxes, so he gave another example.

Fu Zhongchao was surprised: "So there are still people selling things like this? What if you buy something you don't want?"

But he was surprised, and he finally understood what the prosecutor was asking.

He really doesn't know how many sets he bought?

Fei Yifan felt a little regretful, but continued to ask: "Did the card sets you bought already have buyers when they were seized by customs?"

"No."

Liu Qianli shook his head: "It usually takes a long time for my friends to send them over. I won't post the link until the items come back, otherwise I can't guarantee the delivery time."

If there are no buyers, it means that after buying it, there is no time to sell it.

Fei Yifan thought for a few seconds and felt that there seemed to be nothing more to ask here, so he changed the direction: "Do you know what kind of girl condom this is? It is an 'obscene article' under the criminal law?"

"do not know."

Liu Qianli shook his head like a rattle: "I see so many people are using it, how did I know that this thing is illegal?

And I think the pattern on my condom is pretty normal, right? "

Liu Qianli swallowed and carefully stated his point of view.

Normal shit!

Such an immoral thing, but this kid still thinks it's normal?

No wonder he was caught!

I don’t know what the other two judges thought. Anyway, when Fu Zhongchao just heard Liu Qianli say he didn’t know, he was still thinking that the defendant’s subjective harm was not great. But when he heard the word “normal”, he immediately stopped thinking. Happy.

These young people these days have such nonsense in their minds!

"Presiding Judge, I've finished asking."

"it is good."

Fu Zhongchao nodded, "Let the defense begin."

"Liu Qianli, these card holders seized by customs are all packed in lucky bags. There are fifty card holders in each bag. Do you know the number of card holders in each lucky bag?"

"know."

Liu Qianli nodded: "The lucky bag is just packaging, but the card sets are originally bought in sets, with fifty cards in each set. It has always been like this."

"From the evidence on file, I found that the patterns on many card sleeves are repeated. Can you explain it?"

In fact, Ren Zhen has asked Liu Qianli several times about these questions, and now they are all told to the judge and prosecutor:

“The fifty pictures in each set are all the same.

The front of these card sleeves is transparent, and the back is printed with various anime patterns, but when players use the card sleeves, they generally use them in sets. "

"Why do they have to be used in sets?"

Ren Zhen could still understand these questions, but the answers given by Liu Qianli made the three judges a little confused, so Fu Zhongchao interrupted with a question.

"Because when players are playing a game, unused game cards are held in their hands or placed on the table."

If asked this question outside the court, Liu Qianli would definitely think that the person asking the question was an idiot, but now he knows that for people who have not been in contact with their circle, even the most basic rules and terms they think are To outsiders, it is like a heavenly book.

“The purpose of using a card sleeve is to avoid card wear. If the card sleeve you use has many patterns, other players can judge the type of card you have not used by looking at the back of the card sleeve.

Just like in Landlords, if the back of each card is different, then as long as you remember the back of each card, it is almost equivalent to an open card game. "

Although he is usually a social person, when it comes to his area of ​​interest, and this issue is directly related to his outcome today, Liu Qianli said it in great detail, and even gave an extremely easy-to-understand example.

"Oh oh oh, defender, continue."

The doubts were cleared, and Fu Zhongchao signaled Ren Zhen to continue asking.

"So when you sell card sets, your online store also sells them in sets?"

"of course."

Liu Qianli nodded: "Whether it is a lucky bag or not, I will not remove the outer packaging of the complete set of card sets. I guarantee that the buyers will get brand new ones. They can only be sold in sets."

What's the point of asking these questions?

At the prosecutor's seat, Fei Yifan didn't understand Ren Zhen's questions, so he discussed them quietly with the assistant next to him.

"I think it may have something to do with the lawyer saying he has objections to the charges against him, right?"

Bai Kunkun whispered that they had discussed this case several times and didn't think there was any problem.

I thought it would be an easy trial, but the current situation seems a bit beyond expectations.

"How much do these card sets related to this case sell for in your online store?"

"The prices are divided into several types. Depending on the material of each card holder and the market conditions at that time, there will be adjustments occasionally, but they are usually 29 yuan, 39 yuan or 49 yuan. Sometimes there are activities where you can buy a few and get one free."

Since this incident happened a year ago, Liu Qianli suspended the operation of the online store and thought about it for a while before remembering these things.

"Presiding Judge, there is no problem on my side."

"Ah."

Fu Zhongchao nodded and looked at Liu Qianli: "Defendant, the 29 or 39 you just mentioned is the price of one piece or the price of a set."

"One set, one set."

Liu Qianli didn't expect the judge to ask again, so he answered quickly.

"Then these card sets of yours, and the ones involved in this case, what, sister sets, right?"

Fu Zhongchao turned around and confirmed: "Are these prices the same?"

"Same."

Liu Qianli felt that his palms were already sweating: "Actually, the sister set is just what we call this kind of card set with female characters printed on it, but it is essentially no different from other card sets, and they are sold the same."

"That's right."

Fu Zhongchao adjusted his glasses and put the evidence aside: "Then let's move on to the cross-examination session."

Everyone has the evidence list in hand, and it is very convenient to display it.

"Evidence 1, the seizure list transferred by customs to prove the purpose.

Evidence 2, the interrogation transcript of the defendant made by the Dafeng District Law Enforcement Bureau of H City

Evidence seven, 1500 card sets involved in the case, purpose of proof: to prove that what the defendant Liu Qianli smuggled was "obscene materials" stipulated in my country's criminal law. Source of evidence

"

There was not much evidence, so Fei Yifan listed it all at once.

"The defender should express his opinions on cross-examination." Ren Zhen stood up: "Except for evidence seven, the defender has no objection to the three properties of the other evidence."

"Oh? Then tell me about evidence seven."

Doesn't it look like there's something wrong with the evidence?

Fu Zhongchao picked up the evidence list again.

"As for evidence seven, the defender believes that the unit of measurement used by the prosecutor is inappropriate. When the customs seized the card sets involved in the case, the card sets were packed in lucky bags, and there were transparent plastic packaging inside the lucky bags."

Hearing this, Fei Yifan vaguely noticed something.

"And according to the question just now, the card sets involved in the case should be measured in units of 'sets' or 'pairs', so the prosecutor's evidence seven should be 30 sets/pairs of card sets involved in the case, not the 1500 cards claimed by the prosecutor .”

After Ren Zhen finished speaking, the three judges looked at each other.

One set is 50 cards, isn’t 30 sets equal to 1500 cards?

Is there any point for the defender to be struggling here? Could it be obsessive-compulsive disorder?

"Apart from this, are there any other cross-examination opinions?"

"Nothing."

Seeing Ren Zhen shaking his head, Fu Zhongchao breathed a sigh of relief.

Fortunately, although there were some minor twists and turns, the cross-examination session went smoothly.

Fu Zhongchao had also heard a little bit about the cases that Ren Zhen had handled. However, he had heard that Ren Zhen seemed to have two cases, which turned the cross-examination session upside down and confused the prosecutor on the spot.

Originally, he was worried that something like this would happen in court today, but now it seems that he was overly worried.

"Okay, then let's get into the court debate."

Fu Zhongchao was somewhat satisfied. Overall, today's court hearing went quite smoothly!

Although it involves some trendy terms, I learn new things very quickly, so it’s no problem!

"During the court investigation just now, the defender mentioned that the defendant took the initiative to come to shore to cooperate with the investigation in order to explain the relevant circumstances and help law enforcement agencies find out the facts, rather than believing that his own behavior constituted a crime."

Fei Yifan stood up and looked at Liu Qianli: "But in the question just now, the defendant said that he did not know that the 'sister condoms' he purchased were obscene items under the criminal law.

He also said that he did not know that this thing was illegal. The subtext that he did not know before was later known. There is a contradiction between the defender's statement and the defendant's statement. Can you explain it? "

The sweat on Liu Qianli's forehead fell suddenly.

He looked for help at the defense table, where Ren Zhen had already stood up.

“The prosecutor’s understanding may be somewhat biased, but in fact there is no contradiction between my statement and the defendant’s statement.

From the defendant's point of view, it is really unclear whether the "sister condom" is an obscene item under the criminal law.

For the time being, we identify "sister condoms" as obscene items under the criminal law. Before the filing of this case, the defendant did not know about the illegality of buying and selling such condoms. Even after arriving to cooperate with the investigation, he only knew Such behavior violates the law, but it does not necessarily mean that the defendant believes that his behavior has constituted a crime. "

In the auditorium, Liu Xinyuan was confused.

This is both illegal and criminal. How come you know it is illegal and yet you say you don’t think it is a crime?

Where is this lawyer playing charades?

Is it really reliable for my son to find this lawyer?

Unfortunately, no one in the auditorium could explain it to him, so he could only watch with slight anxiety.

In the prosecutor's seat, Fei Yifan had already sat up straight. He probably realized the direction of Ren Zhen's defense.

"So, is this why you don't accept the charges in the indictment?"

Fei Yifan asked Ren Zhen.

"not quite."

Ren Zhen shook his head: "Can the prosecutor please clarify what is the specific basis for the indictment to identify Liu Qianli as suspected of smuggling obscene materials?"

"Does this still need to be clarified?"

Fei Yifan said something subconsciously, and then remembered that it was a court debate, and could only hold back the impatience in his heart:

"Those condoms of his are printed with patterns that obviously contain pornographic information. Is it okay to consider them as obscene materials?

I asked just now that he bought these card sets to sell them online. This is obviously for profit, right?

Objectively, there is the act of purchasing obscene items from abroad, and subjectively, the purpose is to make profits. Both subjectively and objectively meet the constituent elements of the crime of smuggling obscene items. Is this basis specific enough? "

On the trial bench, several judges were also a little confused.

Does the prosecutor need to explain such a basic conceptual issue again?

"Maybe my question wasn't clear enough, sorry."

Ren Zhen's voice was slightly apologetic: "According to Article 152 of my country's Criminal Law, anyone who smuggles obscene films, video tapes, audio tapes, pictures, books or other obscene materials must bear corresponding criminal liability.

What I would like to ask the prosecutor to clarify is, what kind of obscene materials were smuggled by the defendant? "

Ok?

The judges suddenly perked up.

"Of course he smuggled it"

Fei Yifan was about to answer subconsciously, but suddenly paused.

He remembered that on the day Ren Zhen came to the hospital to check the files, he had told Ren Zhen to go back and search through the laws and regulations, and not to ask him everything.

It seems to have come true now?

"The stuff he was smuggling were obscene images."

As Fei Yifan answered, he lowered his head and quickly rummaged through the table several times to find the materials he had prepared when analyzing the case.

“According to the judicial interpretation of the two top authorities on the applicable legal issues in handling criminal smuggling cases, paragraph 4 of Article 13 clearly stipulates that anyone who smuggles more than one thousand obscene photos or pictures shall, in accordance with relevant provisions of the criminal law, be sentenced to a fixed-term imprisonment of not less than three years but not more than ten years. imprisonment.

This provision in the judicial interpretation is a detailed explanation of obscene ‘pictures’ in Article 152 of the Criminal Law. "

After finding the law, Fei Yifan was obviously more confident. After answering, he straightened up and looked towards the opposite side.

Don't you want a concrete basis? Well, here it is.

Glancing at the trial seat from the corner of his eye, Fei Yifan noticed something was wrong.

Why are these judges still whispering?

What's there to discuss?

As everyone knows, the judges realized the real purpose of Ren Zhen's question from the moment he talked about the judicial interpretation issued by the two high authorities.

"I would like to ask the prosecutor, how do you determine that the girls involved in this case belong to the 'photographs' or 'pictures' in the judicial interpretation?"

Ren Zhentu had a rough idea, and the judges were obviously discussing something, so Fei Yifan felt that he might have taken it for granted.

"The pattern on the girl's condom obviously contains pornographic information and is considered obscene. There is no dispute about this, right?

Then we have to find the corresponding clauses in the judicial interpretation. The sister set obviously does not fall into the first and second paragraphs of video and audio tapes.

However, the third paragraph of the judicial interpretation only stipulates that obscene materials in the form of "poker cards, books, periodicals, and picture albums" should be counted as "pairs" or "sets," and the cases involved "

Fei Yifan paused, and he finally realized why Ren Zhen had raised objections to the measurement unit of evidence seven before.

(End of this chapter)