As a Lawyer, You Sent the Judge In?
Chapter 213: Come on, you judge? Go out and turn left for an hour
Chapter 213 Come on, you decide? Go out and turn left for an hour to reach the supervision department!
At the court hearing.
Yang Yaodong was very happy.
At the same time, I also have some complaints about the prosecution. If there is evidence, why not bring it out earlier to kill the other party?
Oh yes!
If Su Bai did not refute previously, then there was no need to produce this evidence.
Clear your thoughts.
Yang Yaodong banged the gavel: "Defendant litigator, do you still have any questions about the evidence produced by the prosecutor?"
At the defendant's seat.
Su Bai:.
You have already produced evidence and why are you still asking me?
Evidence can directly prove.
And the witness is a manager of Dongbo Co., Ltd.
This kind of testimony is generally recorded relatively frequently.
And possess certain substantive evidence and supporting evidence.
If he has doubts, those doubts can only undermine the testimony.
Overthrowing the testimony?
is it possible?
Hardly any possibility.
Furthermore, the judgment in this aspect is originally based on the focus of the presiding judge.
The presiding judge is biased towards the prosecution.
The results speak for themselves.
Even if you say something fancy, what you say may not necessarily have legal effect.
Cannot fight for any legal rights and interests for its client.
It is better to remain 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.
This way, the rest is much simpler!
咚咚!
The gavel struck, and Yang Yaodong stated: "Let's make a judgment now."
“Based on the defense of the prosecutor and the defendant, and the evidence submitted by both parties, the court has now determined that Dongbo mainly attracts users by spreading dirty videos!”
“Do the parties have any objections?”
Chen Xiang: "No objection."
Su Bai: "No objection."
For such a judgment.
It’s not just Su Bai who has no opinion.
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.
Su Bai didn’t say much about this.
.
….
at the same time.
At the time of 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 the constitutive behavior of animation broadcasting.
how to say.
It means that Dongbo can never turn over again!
The animation is gone.
The rest is just waiting for them to turn around.
Among them, the senior executives of Xuan Teng are still reporting the situation to the person in charge of the company.
“Mr. Liu...the court trial is already more than halfway 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 won’t be any big problems.”
"Yes Yes."
“I really don’t know whether Wang Bo will judge this 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, call me again and tell me how many years this Wang Bo has been sentenced.”
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 are any trends, remember to report it to me.”
“Okay..I understand.”
.
….
The phone call was interrupted, and the person in charge frowned. He could not interfere with whether Wang Bo could be imprisoned.
This judicial decision is not his to have the final say...
How many years will the sentence be?
The person in charge shook his head and did not continue to think about it.
never mind.
This is the boss’s business.
When the time comes, he will just inform him of the verdict.
.
….…
At the court hearing.
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 chain of evidence is complete.
Wang Bo can be found guilty.
Su Bai didn’t know how the collegial panel or the Xhangdu Intermediate Court certified the quantity of communication.
If it is based on the certification of dirty video files in the [Interpretation of Obscene Electronic Information], then Wang Bo's prison term will be as high as more than ten years.
Applying Article 363 of the Criminal Law directly, the sentencing will be less than three years.
Applying the attempt principle, the sentence will be reduced to about three years and the sentence will be suspended.
.
….
Multiple situations.
However, based on the current situation of the collegial panel.
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 can't say anything.
No more than that.
Is the chain of evidence complete?
How is it possible that the chain of evidence is complete!
Had it not been for the presiding judge’s subjective preference for the prosecution, it would have been determined that Dongbo mainly attracts users by spreading dirty videos.
Through the verdict just now, it can be declared that the prosecution has insufficient evidence to charge Wang Bo with the crime of distributing obscene materials.
.
….
At the end of the judgment.
Presiding judge Yang Yaodong began to summarize the entire review defense. The summary 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 evidence chain formed by five evidence points.
Without this "intention", it is impossible for the court to decide that Wang Bo is 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 at this point, there is no problem and no relevant evidence chain can be formed.
At the moment I’m just watching…
Can the prosecution produce any key evidence or factual basis that can determine death?
the other side….
Chen Xiang was sorting out the litigation materials and briefly sorted out the topics that had not been defended before.
ˆContinue to speak again:
“About 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 prosecution didn’t mention a single piece of evidence last time.”
“….According to the auditors within the animation company and the person in charge of the regulatory process.”
“The reviewers stated that there are few reviewers in the animation company and the supervision procedures are 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 Dobo.”
“Through this point, we believe that... Anime Broadcasting Company has acted laissez-faire.”
Chen Xiang's statement was the same as before, there was no big difference.
Laissez-faire is a deliberate expression in the court's procedural determination.
Regarding Chen Xiang's statement, Su Bai retorted: "I think the point raised by the prosecution cannot be recognized."
“First: In criminal terms, laissez-faire refers to intentionality, while intentionality is defined in law as doing something knowingly.”
“In other words, Wang Bo knew that animation was being used to spread filthy materials, but he did not stop it.”
“The prosecution submitted proof that they interviewed 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 allows no supervision, then why are there reviewers and supervisors for program supervision?”
“Have you made any inquiries about the work of reviewers and program supervisors?”
“You just see that there are a lot of dirty videos flowing out despite the reviewers and procedures.”
“Just judging whether there was laissez-faire based on the results 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.”
Faced with prosecutor Chen Xiang’s questioning, Wang Bo’s mood has always been very stable.
Sitting in the defendant's seat, he calmly spoke: "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 and did not speak.
Because there is nothing more 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 only needs 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... the problem is not big.
Thinking of this.
Shen 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 prosecution has relevant indirect evidence.”
“That is, I request the presiding judge to judge Wang Bo’s subjectivity.”
….…
Su Bai:? ? ?
Does the prosecutor know what he is 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?
Persuade the chief judge.…
Come, come, let me 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 is 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 evidence chain 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 called a relevant confession.
Let's judge whether Wang Bo's behavior was intentional or not, and said that if Wang Bo couldn't prove it, then he was letting it go on purpose.
? ? ?
What is the difference between this and being a hooligan?
There is no difference at all!
If the criminal suspect is allowed to prove his innocence, then why is the principle of presumption of innocence necessary?
What is the principle of presumption of innocence?
It 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 to be intentional.
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.
Asking for a monthly ticket~
(End of this chapter)
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