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

Chapter 221 Who sells playing cards by the “piece”?

However, the pause did not last long, and Fei Yifan quickly continued:

"The card sets involved in the case do not belong to any of the obscene items specified in paragraph 3 of the judicial interpretation of this article, and they should be taken apart and counted individually.

Therefore, the 1,500 card sets involved in the case belong to the obscene pictures in Paragraph 4, and should be dealt with accordingly according to the crime of smuggling obscene materials. "

After finishing speaking, Fei Yifan was silent for a few seconds. He seemed to want to add something, but he hesitated for a while and sat down.

The confusion in his heart for no reason made him very irritable.

"Defender, do you have any other comments?"

Fu Zhongchao flipped through the files in his hand, and it took half a minute before he said anything to Ren Zhen.

"That's why I initially challenged the indictment."

Ren Zhen knew that the judges were thinking, so he spoke very slowly:

“We can see from the prosecutor’s speech that the prosecutor classified the card set involved in the case as paragraph 4 of the judicial interpretation, and thus concluded that the defendant was suspected of smuggling obscene materials.

However, there are obviously big problems with the prosecutor's argument logic.

Regardless of whether the girl condoms are obscene items, I think the most important thing now is to make an accurate classification of the condoms involved in the case. "

Fei Yifan, who was in the prosecutor's seat, was obviously unable to sit still. He turned his head and said something hurriedly to Bai Kunkun.

“Based on the content of the judicial interpretation, we can’t actually find any regulations related to game card sets, which means that this judicial interpretation cannot make a clear classification of the card sets involved in the case.

The prosecutor obviously knew this, so he gave corresponding arguments.

The prosecutor's logic is that this judicial interpretation has a total of four paragraphs except for the confusing fifth paragraph.

The card sleeves involved in the case are obviously not distinguishable from the video tapes and audio tapes mentioned in the first and second paragraphs. This is no problem.

But how did the prosecutor explain the third paragraph? "

Ren Zhen looked at Fei Yifan with some interest: "The prosecutor said that the judicial interpretation only stipulates that three forms of obscene materials, namely poker, books and picture albums, can be counted as 'vice' or 'set'.

The card set involved in the case does not belong to any of these three types, so it should be classified as a picture of the fourth category, and it is calculated as a "piece" when it is opened.

To sum it up in one sentence, because it is not the third paragraph, it is the fourth paragraph.

Please tell me, prosecutor, can we understand this? "

The judges all looked at Fei Yifan in unison.

Needless to say, Ren Zhen said that as early as when Fei Yifan was still speaking, they also noticed that there were loopholes in the logic of Fei Yifan's argument.

"I have no problem with the view that the card set involved in the case does not fall within the third paragraph of the judicial interpretation, but the subsequent discussion may be somewhat inappropriate."

After urgently communicating with his assistant, Fei Yifan was not speechless:

"The defender is right about one thing. There is no classification in the judicial interpretation that can accurately include the card sets involved in the case.

However, the pornographic information printed on the card sleeve involved in the case was very obvious and should be considered obscene material without any objection.

Paragraph 5 of the judicial interpretation points out that those who smuggle other obscene materials equivalent to the above-mentioned quantities shall also bear criminal liability according to corresponding regulations.

Under the premise that the existing legal provisions do not have clear classification standards, we must make corresponding expanded interpretations based on the existing provisions.

Judging from the appearance characteristics of the card set involved in the case, the front is transparent and the back has pornographic images printed on it, which are closest to the pictures in paragraph 4 of the judicial interpretation. Therefore, there is nothing wrong with convicting and sentencing based on the number of 1,500 cards. "

Well, this passage still sounds like that.

Several judges nodded secretly, wouldn't it have been fine if they had said this earlier?

"The defender has objections!"

Ren Zhen immediately raised a question: “The existing legal provisions cannot accurately classify the card sets involved in the case, so the prosecutor believes that the corresponding legal provisions should be expanded upon. The defender agrees with this, but is the prosecutor’s expanded interpretation really reasonable?

The prosecutor made the distinction based on the appearance characteristics of the card sets involved in the case. Don't you think the basis for this expanded explanation is too superficial? "

On the surface?

Do you think you are writing an academic paper? Do I need to break it down into points one, two, three, four, five or six from the research background, significance and purpose of the research?

Fei Yifan felt that his on-the-spot performance was even more perfect than what he had prepared before, and he didn't take Ren Zhen's doubts to heart at all: "Then what basis do you think should be used for the expanded explanation?"

"The so-called obscene items are those that explicitly promote pornography to a certain extent. They are judged from the information hidden in the corresponding items. They are also CDs. Some are considered obscene items because of the images recorded on them. The content is inappropriate, not because it is a disc.

Therefore, the expanded interpretation of obscene items should be understood from the function of the items involved in the case and the usual social usage habits.

If according to what the prosecutor said, just because the appearance of the card sleeves involved in the case has a certain similarity with the pictures, it is basically equivalent to pointing to a CD and saying, because it It's a CD, so it's obscene.

This obviously does not conform to ordinary people's understanding of the four words "obscene materials". It is purely a mechanical judicial interpretation, and it is inevitably suspected of mechanical justice! "

On the trial bench, several judges looked at each other.

Well, although I am criticizing mechanical justice, I am not talking about us judges, and this expanded interpretation is not what we do.

In the prosecutor's seat, Fei Yifan took a deep breath to slow down the breath that he almost carried.

Even if I admit that there is some truth in what you said, don’t I, the prosecutor, have no face?

In the auditorium, seeing Ren Zhen speak so radically, Liu Xinyuan's heart almost jumped out of his chest.

It’s not like our family has never been involved in lawsuits before. Although we have never participated in criminal cases, those lawyers are all submissive in court. At least they seem to be harmonious on the surface.

Unlike what he was doing now, if he hadn't upheld his professionalism, Liu Xinyuan had no doubt that the prosecutor would have definitely wanted to overturn the table and point at Ren Zhen's nose and scold him.

"According to your explanation, which category of obscene materials should the card set involved in the case be classified into?" Fei Yifan did not respond for a long time, but Fu Zhongchao stood up.

Divide? According to me, it’s not necessarily clear whether these condoms are obscene or not!

Of course, this is just Ren Zhen's personal opinion.

In fact, until before the trial, he was still thinking about whether to discuss in court whether the condom could be considered an obscene item. After all, this thing was just a borderline thing. It could be counted if he insisted, but if it was not counted, There is also a little room for discussion.

But once the court started, seeing the age of the judge and the fact that the court had been in session for so long, the judges had probably already reached a conclusion in their minds, and there was no point in dwelling on this issue any longer.

“The defender believes that the card set involved in the case is used with game cards, and the game cards can undoubtedly be interpreted as poker in the third paragraph of this judicial interpretation.

Since it is used with items similar to poker, it should be more reasonable to handle the card sleeve involved in the case in accordance with the relevant provisions of paragraph 3. "

Ren Zhen turned to the trial seat and expressed his opinion: "And among the hundreds of card sets seized in this case, there are both normal, legal and compliant card sets that have nothing to do with obscenity, and some are the same as the card sets involved in this case. Yes, it may constitute pornographic material.

And according to the sales records of the defendant's online store, such card sets have always been sold by the set before, and have never been dismantled and sold individually.

Therefore, it is obviously more appropriate to treat card sleeves like playing cards and measure them in units of 'pairs'. "

Measured by "vice"?

Ren Zhen mentioned this issue again, and Qiu Zhongyu flipped through the reference book in his hand and found the corresponding law.

Well, smuggling more than 100 pairs of obscene poker cards constitutes the crime of smuggling obscene materials. Liu Qianli only had thirty lucky bags in total, which is only thirty pairs, which does not meet the standard of criminalization.

No wonder the defense lawyer just said that although Liu Qianli broke the law, he did not necessarily commit a crime.

Qiu Zhongyu handed the law to the other two judges and took a look at it, so that they had an idea.

So the biggest point of controversy right now is how to measure these card sets.

“The defense’s explanation is too taken for granted!”

Fei Yifan certainly couldn’t agree: “Although these card sleeves are generally used on game cards, we do not rule out the possibility of taking them apart and using them on bus cards, campus cards, and ID cards.

Therefore, it is entirely possible for the card sets involved in the case to be dismantled and sold for retail. Just because the defendant sells them by sets, it cannot be taken for granted that they are identified by sets. Instead, the possible diffusion effects of these items after they are circulated in society must be taken into consideration. "

Well, that makes sense!

Fu Zhongchao thought about it along with Fei Yifan's statement. It seemed like it was true?

"The prosecutor said that the card holder involved in the case might be used on the bus card. Do I take it for granted, or does the prosecutor take it for granted?"

Ren Zhen retorted: "The prosecutor's assumption is only a theoretical possibility, but in fact it is not in line with the social usage habits and sales practices of the items. There is a one-to-one usage relationship between card sleeves and game cards.

There is no objection to game cards being counted as decks, so there should be no obstacles to counting card sets as decks.

And it has been made clear just now that in the defendant's online store, the price of complete sets of card sets ranges from 29 to 49 yuan. We will calculate based on the highest price of 49 yuan, and a card set only costs one yuan on average.

Considering the general purpose and intensity of the crackdown on obscene items, is it more likely that an item sold for one yuan at a time will be included in the scope of obscene items for crackdown? "

"The defender said that the cards and card sleeves are used together, which is not a problem, but it is also inappropriate to measure the social harm simply based on the price of each card sleeve."

Fei Yifan quickly responded: "Obscene materials harm the sexual feelings of the public, and the legal interests they harm involve moral and mental health, and cannot be simply measured in terms of money.

Just like the judicial interpretation clearly stipulates that one type of obscene material is playing cards. A pair of obscene playing cards may cost only two or three yuan. On average, an obscene playing card costs even less. Should we target such obscene materials? If you don’t control it, won’t you attack? "

It has to be said that Fei Yifan's response was very accurate, and the judges immediately had a picture in their minds.

"Ren Lu, what are obscene playing cards?"

When Fei Yifan was giving an example, Chang Jiahang leaned into Ren Zhen's ear and whispered a question.

I didn't think much about it when I saw it in the law. Now that the prosecutor mentioned it, Chang Jiahang suddenly realized that he had no idea about this concept.

"You're still young, so you probably haven't seen this thing before."

Ren Zhen quickly explained: "There used to be poker cards with naked bodies printed on them, and the photos on each card were different. It couldn't be described as explicit anymore, so this law was introduced later. Explain that there are special provisions to combat the smuggling of obscure playing cards.”

"oh oh."

Chang Jiahang nodded. He still had questions in his mind, but he didn't ask them anymore. After all, Ren was really on the line and didn't have time to explain it to him so clearly.

It was really difficult for him to understand that if this kind of thing was printed on playing cards, would anyone really buy it?

The problem is that there is no use in buying playing cards like this!

As a young man, he didn't know that if we push the time forward twenty years, in many places, even a single village may not be able to find a black and white TV set.

But as we grow older and reach the stage of full-bloodedness, there are always some young people who will look for all kinds of stimulation.

Playing cards printed with things that are easy to cause nosebleeds provide a way for this group of people to vent. Where there is demand, there is supply. The industry of obscene playing cards has flourished for a short period of time.

Later, with the development of the times, there were more and more means of venting, and obscene playing cards lost their market, and naturally gradually disappeared from the judicial circle.

"My point about the single price of the card set involved in the case is indeed one-sided, and the example given by the prosecutor is also very vivid."

Ren Zhen deeply agrees with Fei Yifan's words: "But I also want to ask the prosecutor to think about it. Compared with obscene playing cards, are obscene card sets significantly less harmful to society?

Because the patterns of the 56 obscene playing cards are all different, and the patterns of each set of 50 cards in this case are all the same.

If the prosecutor believes that the card set involved in the case can be dismantled and sold as single sheets, then based on this logic, it is more likely that the obscene playing cards can be dismantled and sold as single sheets.

Because obscene playing cards are easier to take apart and sell because each card has a different picture, then it seems that there is no need to distinguish between various types of obscene items in the judicial interpretation at this time, and all are calculated according to "pieces" Enough.

But will anyone buy and sell poker cards individually? I think the answer is no.

According to the judicial interpretation, obscene playing cards that are obviously more harmful to society are calculated according to the "vice". The defender believes that it is obviously more appropriate to use the "vice" calculation for the cards involved in this case. "

deadlock!

At this point in the trial, Fu Zhongchao knew that it would be difficult to take even one step further.

Because the issue currently being debated does not seem to be easy to resolve, but it is directly related to Liu Qianli’s guilt or innocence, and it will not work unless it is resolved.

(End of this chapter)