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

Chapter 222 This thing is twenty years old and it hasn’t expired yet?

"Does the prosecutor have any other opinions?"

The parties were relatively silent for a while, and finally the judge spoke first.

"The prosecutor still believes that before the existing legal provisions clearly list the card sleeves involved in the case as obscene items in Paragraph 3 of the Judicial Interpretation, the card sleeves should be identified as 'pictures' based on the fact that there are pornographic patterns printed on the back of the card sleeves. Measured in 'pieces'."

Fei Yifan didn't seem to have any new ideas, he just repeated the previous key points.

"Okay, what about the defender?"

Fu Zhongchao sighed inwardly, knowing that after today's court hearing ends, this issue may have to be discussed for a long time.

"The defender would like to make some additions to the explanation of the classification of the card sets involved in the case from the perspective of the original intention of filing the case."

"can."

Fu Zhongchao agreed. He now wished that both the prosecution and the defense could speak more, so that they would have more reference directions when making judgments.

“We have just discussed that my country’s existing regulations on smuggling obscene items, especially the judicial interpretations issued by the two governments, have made different classifications of obscene items and delineated different quantity ranges to provide evidence for criminalization. standard.

So why does the judicial interpretation make such a provision?

This classification must take into account that different types of obscene materials have different social harms. When we apply and interpret the law, we are limited by the ambiguity of the text and will always encounter some differences in interpretation and understanding. So, How should we explain and understand it at this time?

Since we are standing in court, every judgment made here involves the rights and interests of the parties and society. I think we should understand the considerations of legislators when they promulgated relevant laws and regulations from the perspective of the original intention of legislation and social governance. .

At the same time, it is also necessary to conduct an overall prudent assessment based on social habits, the expectations and possibilities of the parties, and the social harm of the case. "

Ren Zhen looked at Fei Yifan, who was expressionless at the prosecutor's seat: "Although the public prosecutor exercises power on behalf of the country and has the bounden duty to fight crime, if in order to convict the client without considering whether the case itself may not constitute a crime, there is One-sided viewing angles may occur.

The reason why judicial interpretations classify books, picture albums, pokers, video tapes, etc. must be because they take into account the different harmfulness of these things after they are circulated in society.

Even so, we must also consider the lagging nature of the law and the generality of legislation.

The two judicial interpretations we are discussing today were issued in 2014, which may not sound too far away. However, tracing back to the source, we will find that the relevant provisions of the judicial interpretation on the crime of smuggling obscene materials have actually been in place for more than years. No modifications. "

Oh?

Is that right?

Hearing this, not only the prosecutor, but also several young judges on the trial bench subconsciously thought of this question.

In fact, this is no wonder. Laws are always changing and evolving. It is not easy to keep the relevant current laws in mind. Who would spend their energy on laws that have been abolished?

Not to mention exploring the past and present of the current law.

“The 2014 Judicial Interpretation on the crime of smuggling obscene materials follows the 2000 Supreme Court Judicial Interpretation on the trial of criminal smuggling cases.

In other words, the criminalization standards and even the sentencing basis that are the focus of our discussion today were drafted against the background of the social environment and cognition more than 20 years ago. It was impossible for the legislators at that time to predict that there would be carding. The emergence of new things like condoms and sister condoms is the lagging nature of the law, which is most clearly reflected in this case.

Of course, even though these regulations are quite old, we still have to apply them in accordance with the law until they are revised.

However, when they cannot cover new things, the defender believes that the social harm, usage habits and trading practices should be comprehensively considered, and at the same time, the card set involved in the case should be expanded to be interpreted as playing cards by comparing the relevant items already in the judicial interpretation. "

Ren Zhen raised two fingers: “And when the prosecutor and the defender put forward different viewpoints, and on the premise that there is no clear provision in the existing law, the items involved in the case should also be explained from a perspective that is beneficial to the defendant. "

Sitting down again, Ren Zhen knew that today's mission was basically over.

The prosecutor has given responses to the accusations one by one. Now it depends on how the judge will make a determination.

"Defendant Liu Qianli, you will make the final statement next."

Fu Zhongchao scratched at his few hair, feeling that this case would worsen his baldness again.

"Dear everyone, hello fellow judges, my name is Liu Qianli."

It had been a long time since he spoke. When he spoke again, Liu Qianli's voice was trembling again, and he introduced himself in a familiar way.

“I opened this online store just to earn some living expenses, and I happen to like this aspect, but I really didn’t know that selling these things was illegal.

To be honest, maybe it’s because I’m relatively young, or maybe I’m more exposed to this area. Although the patterns on these girls’ condoms are a bit revealing, I don’t think they exposed any private parts, so I didn’t think about any obscene items.

If I knew the law didn't allow this, I wouldn't sell this thing even if I were killed! "

Hearing this, Fu Zhongchao secretly nodded.

Although from his point of view, these obscene items that some girls have put together will never escape, there is some truth in what Liu Qianli said. After seeing all kinds of things, he still has the ability to think from others' perspective.

"I don't know if my behavior is a crime. I hope the judges will take into account that I am about to graduate and not punish me. Otherwise, my decades of study will be in vain.

My online store has been closed. I will never touch this thing again in the future, I swear! "

While talking, Liu Qianli even raised three fingers, leaving several judges speechless.

"If that's all, let's end today's court hearing here."

After turning to discuss with two colleagues and confirming their respective opinions, Fu Zhongchao quickly made a decision:

"The court will be adjourned today. Since this case is highly controversial, the collegial panel will discuss it after the trial. After the deliberations are completed, it will decide whether to make a verdict or conduct a second trial."

The gavel was raised and fell heavily: "Close the court!"

Is this the end?

Liu Qianli, Liu Xinyuan and his son looked at each other. They thought the results would be available today?

"Lawyer Ren, why is there a second trial?"

Liu Xinyuan ran over from the auditorium in a flash.

"Perhaps the judges feel that some issues need to be thought about again. If they have figured it out, they will directly rule. If there is no discussion and a decision is made, then there may be another trial."

Ren Zhen finished signing the trial transcript and answered his questions.

"Then if we can't come up with a result every time the court is held, how long will it drag on?"

Liu Xinyuan rolled his eyes and said, "Will it be possible to delay the sentence without delay?"

"That's impossible."

Ren Zhen shook his head, suspecting that Liu Xinyuan had thought of some crooked trick, and reminded him: "There is a time limit for hearing the case when it reaches the court, and the judge will definitely make a decision before the expiration date.

Even if some things are not handled smoothly, they will give a decent explanation. If the parties have objections to the verdict, they can appeal, but the possibility of them dragging it out is zero. "

"That's it."

Liu Xinyuan was a little disappointed. “Lawyer Ren, is it possible for me to be innocent in this case?”

After the court session, Liu Qianli felt like he had sweated a lot and the clothes on his back were already stuck to his body.

"Now it seems there is some hope."

Ren Zhen thought for a while, but didn't say too much: "The judges all said that they would announce the verdict at a later date or hold another trial, which shows that they are actually quite conflicted.

If he gets entangled in the end and thinks that those sets of your girls should be playing cards, then you are not guilty. Your small number is enough for an administrative penalty at most, a fine or something like that. "

"It's a small matter of fines, but you must not let me go to jail!"

Liu Qianli felt a little relieved, but still looked sad.

In fact, he doesn't care about going to jail now. What he is most worried about is that once the court finds him guilty, he will probably be expelled from the school. This is the most unacceptable thing to him.

"Okay, okay, if it wasn't for your kid selling these messy things, how could so many things have happened?"

Liu Xinyuan said with a face full of hatred: "I see you won't have a diploma by then, how will you find a job in the society?

You're like this, and you still want to carve out a world on your own? I see you are having a hard time finding a wife!

When the time comes that you are really fired, just go back to your factory and help. It doesn’t matter whether you have a college degree or not. It just happens to stop you from finding a rubbish job! "

Liu Xinyuan left with Liu Qianli, and Ren Zhen and Chang Jiahang were a little sad after hearing the gossip.

"It turns out that my family runs a factory. This way, even if I get fired, I can at least have a serious job."

Chang Jiahang was amazed.

"I didn't hear what his father said. Does Liu Qianli want to find a job outside? It's definitely not possible without a diploma and a degree. Most companies won't ask for it if he has a criminal record."

Ren Zhen shook his head, and felt a little funny at the same time. Liu Qianli's society was probably quite serious, but he actually wanted to go out to work instead of staying at home and growing old.

You must have been tied down at home for too long and want some space of your own?

Young people have strange ideas and I can’t keep up!

"Do you think this girl's suit should be counted as 'Vice' or as 'Zhang'?"

In the office, three judges sat down and began to discuss this difficult case.

"The 'pair' counts as playing cards, and the 'piece' counts as pictures. The measurement standards are different. The defendant just got two different results with this quantity. Isn't this just causing trouble for us?"

Zhuang Xueyu took a sip of tea and sighed.

"After all these years of work, how can you not come across a few weird cases?"

Qiu Zhongyu also shook his head helplessly: "What kind of girl trick is this? If it weren't for the trial of this case, I wouldn't even know there is such a thing."

"Who says it's not? I don't know what young people nowadays are thinking about. They are just like people in cartoons. They wear a little less clothes. What's so good about them? They also make them into card holders. They are really free. Got it!"

Fu Zhongchao once again expressed dissatisfaction with such immoral items.

"I think it can be calculated based on pictures or playing cards."

Zhuang Xueyu held his chin: "It has a pattern printed on it, so it's okay to call it a picture, but it's used with cards, and the set has the same pattern, so it's okay to call it a playing card."

"Thank you so much! Can you say anything useful?"

Fu Zhongchao was angry.

"I'm not sure about that either."

Zhuang Xueyu sneered and took another sip of tea.

"Don't rely on intuition, talk about reason. I think what the defender said makes more sense."

Qiu Zhongyu recalled Ren Zhen’s words during the trial: “The punishment of the items involved in the case alone, and their usage habits, are closer to playing cards.

Judging from their social harm, they are indeed not that great. You can hardly even see obscene playing cards now, right?

If you really take it apart according to the 'piece', it would be more than three years. To be honest, I personally think it is a bit heavy. The defendant is still a child. Selling this thing means that he has no idea about the law and cannot be said to have done many evil things. "

"What Zhongyu said makes sense."

Zhuang Xueyu nodded: "And I checked just now, and what the defender said is true. The provisions on the crime of smuggling obscene materials in that judicial interpretation are indeed directly used from the 2000 judicial interpretation.

This is something that is more than 20 years old, and it is definitely not applicable now.

The prosecution and defense have different views, and theoretically it should be interpreted in accordance with the principle of favoring the defendant. "

"Everything you say makes sense."

Fu Zhongchao lit a cigarette: "But Zhongyu said that this defendant is still young and subjectively not very vicious. I agree with this. But if it is illegal, it is illegal. You can't interpret the law just because you think the sentence is harsh. , the order is reversed.”

Qiu Zhongyu nodded silently. He also knew that this inference was not rigorous, but he was just expressing his own opinion. The presiding judge would make his own judgment whether to accept it or not.

"As for the lagging nature of this law, no matter how lagging it is, it is still in use after all!"

Fu Zhongchao took a sharp sip: "I feel that no matter how I explain it, it's not quite right. To be honest, this card set is a bit beyond my understanding. I don't think it's appropriate to judge it as the third or fourth paragraph."

Zhuang Xueyu and Qiu Zhongyu were both silent.

They also know that it is inappropriate, and if it is suitable, they don’t have to worry about it.

"Then, how about this case go to the review committee?"

Qiu Zhongyu gave suggestions.

"It's not impossible to go to the review committee."

Fu Zhongchao pondered, "If the three of us really can't come up with a solution through discussion, we can only go to the review committee."

"What else is there, the three of us just can't discuss it."

Zhuang Xueyu curled his lips: "This thing is indeed too novel. I think it is necessary for the review committee to discuss it carefully, and then hold a meeting in the hospital to learn from it. If there are similar cases in the future, everyone will not be entangled again."

"Okay, then submit it to the review committee!"

Fu Zhongchao put out his cigarette and made up his mind.

(End of this chapter)