As a Lawyer, You Sent the Judge In?

Chapter 212: Continuous refutations, major judgments!

Chapter 212 Continuous refutations, major judgments!

Su Bai noticed Chen Xiang's expression and roughly guessed what the other person was thinking through his micro-expressions. He smiled slightly and didn't take it too seriously.

Hammer him to death?

You will understand if you look at who is hitting whom.

Chen Xiang's statement does have a certain legal basis.

In criminal matters.

According to the indirect causal relationship, it is equivalent to saying that a company must operate software to make profits.

And the software is suspected of spreading dirty videos, which is one of the company's business methods, so there is a necessary relationship between the two -

This is the general idea mentioned above by Chen Xiang.

As we have learned before, this lawsuit needs to achieve five points for Wang Bo.

Shen Xiang has already made a statement regarding his profit-making purpose and suspected dissemination of obscene videos.

The purpose of profit-making is only one of them, and what Chen Xiang stated makes sense.

The key is whether the presiding judge will make a judgment on this and admit that indirect causation is equivalent to direct connection.

　　咚咚!

After listening to Chen Xiang's statement, a trace of joy appeared on Yang Yaodong's face.

This indirect cause and effect of Chen Xiang can be completely judged for the purpose of making profit.

This made him feel a lot better.

At least in terms of punishment, the sentence can be slightly harsher.

After all, the right to impose lighter or heavier criminal penalties lies with the courts.

As long as it does not violate the bottom line and upper limit of the law, it is fine.

Yang Yaodong looked at the defendant’s seat:

“Does the defendant have anything to add to the prosecutor’s statement?”

“There is a chief judge.”

“But before that, I also want to ask the prosecutor some questions.”

Yang Yaodong frowned slightly and asked a question?

“Can the lawyer appointed by the defendant make his own statement?”

Is this a blatant attack?

Su Bai raised his head and looked at the presiding judge's seat with a serious expression.

“Presiding judge, during the trial and defense period, lawyers have the right to ask for inquiries, ask questions, and ask questions. This is a right granted by law.”

“So I ask again.”

“Request to ask the prosecutor some questions and apply for permission from the presiding judge.”

Hearing Su Bai's words, Yang Yaodong felt a little unhappy, but not too embarrassed.

Performing inquiries during the defense period is indeed the right given by law to the defendant's lawyers.

At the same time, the main reason is that Yang Yaodong knows it very well.

This indirect causal relationship can completely determine illegal profit-making.

No matter what views Su Bai states, if he cannot produce a legal defense or factual evidence that has a significant impact.

The decision must still be made, this is a fact that cannot be changed.

“The defendant should entrust a lawyer to inquire.”

Yang Yaodong's tone was calm, and no change in emotion could be heard.

"OK."

With permission, Su Bai’s eyes fell on Shen Xiang:

“I would like to ask the prosecution about the indirect causation you proposed.

It refers to the indirect causal relationship between Dongbo's alleged dissemination of dirty videos, attracting users, using users to watch advertisements, and generating revenue, creating profits, and disseminating dirty videos? "

Chen Xiang said: "Yes."

“Then let me ask the prosecution, who is the subject of this act?”

“The subject of the behavior is animation.”

“Okay.” Su Bai nodded and continued:

"In this act, the main body of the behavior is Dongbo. Dongbo spreads dirty videos. It is not something Dongbo can spread by itself, right?"

Chen Xiang was silent.

Su Bai continued to speak:

“What is animation?”

“Dongbo is just a player. How the user uses it is up to the user. Dongbo can only passively accept it.

According to the prosecutor’s point of view, it means that the main purpose of users using Dongbo is to play pornographic videos.

Hence the large number of users of animation.

We do not accept this concept. "

“I would like to ask, the complaint alleges that our revenue has an indirect causal relationship with the dissemination of dirty videos. Do we need to first prove that our main business method is to attract users through the dissemination of dirty videos?”

Chen Xiang said: "This is the consensus of users. Why users are willing to use Dongbo is because during the communication among users, Dongbo is good at watching dirty videos and can extract dirty videos from Dongbo's servers. video."

Su Bai ignored Chen Xiang's answer and just asked again.

“In the prosecutor’s investigation, what is Dongbo’s main business method? Has Dongbo proactively provided users with dirty videos?”

"No."

“In the business investigation, Dongbo’s main business method is to play dirty videos, and the number of dirty videos played has reached 75% of the temporary storage.”

“Looking at it from this aspect, isn’t this a way for animation to attract users?”

“Okay, thank you for your cooperation, but we don’t agree with the prosecutor’s question.”

Su Bai shook his head.

“What are the business methods of Dongbo?”

“Dongbo operates through technical means such as fast search of Dongbo and accelerated playback of high-definition playback.”

“You must know that Dongbo is just a player, and the player mainly provides technology for playing videos.”

“Playing dirty videos is just one of the contents of the player.”

“As far as I know, there are many other players and video APPs that can also play dirty videos.

Why don’t users choose other players?

Because users know that animation technology is good and high-definition is efficient and high-speed.

This is the lowest-level business method of animation, rather than spreading dirty videos as a business method.

If according to the prosecutor's statement, other players can also play dirty videos, why don't users choose theirs instead of Dongbo?

In other words, other players have also committed illegal and criminal acts. Why did the prosecutors not prosecute other players for their illegal and criminal acts?

Can the prosecutor explain the reason for this? "

　　　….”

Chen Xiang:.?

Meanwhile, other player executives:? ? ?

This is to force them to pull on them, right?

However, according to this statement, they don’t know whether the causal relationship is correct or not.

but

The live broadcast of this court trial was broadcast, and Dongbo’s reputation improved, but their reputation deteriorated!

The comments in the live broadcast room of the trial were also somewhat infuriating.

"Yes... I don't quite understand. According to the prosecutor's charging method and prosecution perspective, Dongbo is not the only company that has committed crimes, but other players have also violated laws and crimes." But why is it only Dongbo's company? The person in charge was prosecuted?"

　　　….”

“This question is indeed a bit difficult to answer, but I want to know that the key is whether we can win this trial! Can we prove that Lawyer Su can maintain the myth of winning?”

“The one who said he had some legal knowledge before, pull him out and ask.”

“Ahem…. Stop it, stop it. I don’t understand it very well, but I can still explain it to you.”

“So far, from the perspective of profit-making and causality, the prosecution has a certain advantage.”

“However, after this rhetorical question from the defendant’s litigator, I feel that the two of them are evenly matched.”

“The prosecutor’s statement… is legally valid, but the way it was stated is not quite right. You can understand it this way… It smells bad, but tastes good.”

“That’s probably what it means. I can’t say the rest. Let’s keep reading.”

….

The trial is still continuing.

At the court hearing.

At the presiding judge's seat, Yang Yaodong passed the two people's defenses, and the joy on his face gradually disappeared.

Had he known earlier, he should not have asked Su Bai to inquire.

The defense just made is plain.

This is Su Bai’s sophistry!

What's the meaning?

Probably, the point expressed by Chen Xiang is that Dongbo has so many users because it can play dirty videos.

Users watch advertisements, generating profits and spreading filth, creating an indirect causal relationship.

What is Su Bai’s point of view?

　　Users seem to come here for the ability to play dirty videos, but in fact they come here for the animation technology.

Otherwise, why don’t users download other players?

Other players can also play dirty videos!

Users don’t download other companies’ products, but download Dongbo. This is because of Dongbo’s technology!

The views of both sides have certain basis.

It needs to be judged by the chief judge, and, how should I say it?

Yang Yaodong’s tendency is in favor of the prosecution. At this stage of the determination, it must be determined that there is a causal relationship.

This has a legal basis.

Even if Su Bai files for supervision and review, there will be no problem.

But the difficulty is.

As for the questions raised by Su Bai, they need to be answered, otherwise, it will have a huge impact on the credibility of the court's judgment.

Think again and again.

Yang Yaodong sorted out the litigation materials in his hand and said, "Defendant, your point of view is that users come here for your technology. Can you explain this in detail?"

“In other words, do you have anything to explain about why the user did not go to other videos to play, and the accuser determined that the user knew that the video was being spread on the site?”

“Presiding judge, I am not very technical. This point can be answered by our client.”

“Okay, Wang Bo, let’s talk.”

Wang Bo gave a brief description of the animation technology.

In fact.

Yang Yaodong doesn't understand technology. Faced with Wang Bo's statement, Yang Yaodong doesn't know how to answer, but for this point, he only needs to make a comparison.

This point is not the key issue in the discussion.

　　咚咚.

The gavel sounded: "Through Wang Bo's statement, the court has a general understanding."

“So, do you have any problems with users Zhidongbo spreading dirty videos?”

this problem?

Although this is the default question in everyone's mind.

But not admitting it in court is also a strategy.

“Presiding judge, we have not seen the relevant evidence, so we will not admit it.”

Yang Yaodong:.….

Well, at the trial, the defendant argued that there was no evidence to prove it, which is indeed irrefutable.

　　There are hundreds of millions of users of animation, and it is very impossible to conduct an investigation.

Even if voting is done online... Dongbang can completely deny this.

Because they can say that’s not their user, or that the subjectivity of the voting group cannot be verified.

It is unrealistic to use users to provide evidence.

Every time we get to this stage of proof.

Often falls into a certain deadlock.

The current situation is that Su Bai, a litigation lawyer for the defendant, stated his view that Dongbo uses technology to attract users.

The prosecution stated its point of view—Dongbo attracts users by spreading dirty videos.

Determined the statements made by the defendant’s litigants.

This indirect cause and effect cannot be determined.

Using the prosecution's statement, indirect causation can be determined.

But...there is no explanation for the defendant's statement.

….

so.

The problem is back to the beginning.

Is there any evidence that Dongbo attracts users by spreading dirty videos?

Although everyone knows this, but the prosecutor has not provided evidence...how to judge?

　　咚咚!

Yang Yaodong banged the hammer and looked at Chen Xiang: "Does the prosecutor have anything to say about the defendant's lawyer's statement? Or is there any evidence to submit?"

Chen Xiang: .….

He turned to look at Li Lin aside.

“Have we collected relevant evidence?”

"it's here."

"Um!"

Chen Xiang put the collected evidence on the trial.

The content of the evidence mainly focuses on the investigation of personnel within the animation company.

Based on the testimony of the person in charge of the Market Supervision Department.

Ask: What channels does your company mainly use to attract users?

　Supervisor’s answer: Users prefer to use our company’s software to watch short videos.

…

The testimony is handed over to all parties.