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

Chapter 218 This thing sounds unfair

Looking at the card sleeve placed on the table, the three of them were speechless.

On the back of the card holder, a beautiful cartoon girl with only three points covered is ogling her, her fair skin even dazzling.

"Cough cough."

Ren Zhen coughed twice, pushed the card sleeve over, and gave it back to Liu Qianli.

Liu Qianli put it back into his pocket, looking a little embarrassed:

“I really didn’t know that this was an obscene item. I saw that others were selling similar items and the profits were quite high, so I thought about selling them.

I went in several times with no problem, but I don’t know why it was detained by customs that time. "

"Obscene materials in the criminal law refer to books, periodicals, and videos that specifically depict celebrity behavior or explicitly promote pornography."

Ren Zhen thought about the patterns on her condoms again, and felt that there was no big problem in identifying these things as obscene items:

"If you buy these girls' condoms, the patterns on them are quite explicit to be honest. It's not a bad idea to consider them obscene."

"How did I know this thing?"

Liu Qianli burst into tears, "Who hasn't seen this thing a few times since childhood? I still thought there was something obscene about this commonplace thing.

That lawyer, do you think my sentence is fixed? "

"You've seen it before, but you see for yourself, it's not the same nature as buying and selling it with you."

Ren Zhen briefly explained that this college student still didn't have a clear understanding of certain things.

It's okay for you to get under the covers and watch those little movies. At most, someone will call you to warn you not to browse any illegal websites again, but if you buy or sell short movies, or share some websites with other people, then things will be huge. .

The same goes for this girl.

"As for whether to go to jail or not?"

Ren Zhen didn't dare to be too sure for a while: "We still have to wait until I look at the case files and see what the public prosecutor's opinion is, so that I can roughly know whether you will go to jail.

However, the sentencing recommendation of the public prosecution agency is more than three years. It should be considered that your case is an ordinary case. There is not much possibility of leniency. Even a suspended sentence is probably a bit extravagant. "

"what?"

Liu Qianli was stunned: "Then if I go to jail, won't my dad have to beat me to death?

And my school, shouldn’t they expel me? "

It turns out that what I was worried about wasn’t going to jail.

Only then did Ren Zhen realize that although the person sitting across from him was an adult, he was also a college student. In fact, he was still a slightly older child.

"Your family will definitely know about this by then. It's just a matter of time. I suggest you communicate with them in advance. Whether you hit or scold them, it's still your parents after all. This is actually not a big deal."

Ren Zhen comforted him: "But it's a bit difficult at your school."

Although I have never heard of it, from memory, I seem to have heard that some college students were expelled from school for doing something illegal, such as floating windows.

That's just an illegal act. If this case is sentenced, even if it's a suspended sentence, it's still a crime. I'm afraid I won't be able to go to school, right?

"What can I do? Isn't my study over the past few decades in vain?"

Liu Qianli was already sullen, but now he was even more anxious and in tears.

"Everything is still unknown now, so don't worry."

As someone of the same age who just came out of school, Chang Jiahang can understand Liu Qianli's mood very well.

For most children from ordinary families, going to school is their only choice for the first two decades.

He was about to make it through, and he would soon be able to use his twenty years of school experience to enter the society and find a job that was exploitative but decent. Now something happened that might lead to him being expelled. This made Liu Qian How can Li not lose his mind?

And to be honest, Liu Qianli didn't have any bad intentions. He really didn't have a clear understanding of what he was selling.

"What Ren Lu is best at is defending innocence. Maybe if we take a look at the file, we will find that this does not constitute a crime. You think so, Ren Lu?"

Chang Jiahang's words made Liu Qianli calm down a little, and he looked at Ren Zhen hopefully.

"this."

Ren Zhen wiped his sweat, you would really put money on my face: "Let's go and look at the case file first. If there is a chance, I will definitely try my best to help you fight for it."

"Thank you so much!"

Liu Qianli wiped his tears: "I will transfer the legal fees to you first. I have made a lot of money opening an online store in the past few years, so legal fees are not a problem at all!

As long as you don't let me go to jail, you can say anything! "

After finally sending Liu Qianli away, Ren Zhen sat back in front of the computer and began to search for legal provisions related to the case.

No matter how experienced a lawyer is, not all types of cases are well understood.

When encountering a type of case that you have never done before, the energy it takes to learn new knowledge is no different from sprinting for the final exam when you were in school.

"You kid, don't tell people that you are good at fighting innocent people. This is a disguised psychological hint to the person involved. Don't engage in such peripheral things."

Seeing Chang Jiahang seeing Liu Qianli away and then pushing the door in, Ren Zhen said angrily.

"I don't think he's in a bad mood."

Chang Jiahang knew that Ren Zhen was very strict in this regard, so he stuck out his tongue, while still muttering in his heart, why did he just brush aside this.

I just want to wipe it, but someone has to watch it.

"But Ren Lu, Liu Qianli sells this kind of girl condom, can it really be considered obscene material?

Although there are some things, I think it is quite normal. "

Chang Jiahang got a glass of water for himself: "It's not like the star organs were directly exposed. Wouldn't it be too strict if it is obscene material?

At that time, can you try to argue? If you can convince the judge that these condoms are not obscene items, then the worry of Liu Qianli being fired will disappear. "

"Disaster."

Ren Zhen shook his head: "Perhaps young people nowadays are more avant-garde and think it's normal after seeing these things too much, but when law enforcement agencies and judicial agencies identify obscene materials, their standards are much lower than you think.

According to my judgment, whether it is the prosecutor or the judge, there is almost a 90% probability that this kind of condom will be considered obscene. "

"what?"

Chang Jiahang was a little confused: "How could this happen? Logically speaking, shouldn't this identification be in line with public perception?

This kind of relatively exposed cartoon image is widely spread in China, right? "

"This is what you take for granted. Cartoon images that are as exposed as the girl's costume just now are absolutely not allowed in China."

Ren Zhen shook his head: "If you have seen something similar on some websites, it is just that the law enforcement agencies did not notice it or did not take action for the time being. As long as you are targeted by them and kill each one you see, there will be absolutely no consequences. lucky.

And young people may be able to accept this level of cartoon images, but can these young people represent the public?

Don't think that your ideas represent the ideas of most people, young man. "

Is that right?

Chang Jiahang thought for a moment, what if he showed that condom to his parents, or even his grandparents.

Hmm, maybe they would think it was something inappropriate?

"Then Liu Qianli will be in jail."

Chang Jiahang felt a little sorry for him: "I am a senior this year and will graduate in a few months. It would be a pity to be expelled now."

"Although he is not very vicious subjectively, he did something wrong after all, and this is the price he has to bear."

Ren Zhen was also a little helpless: "But everything is not finalized yet, maybe there will be a turn for the better."

Turnaround? Chang Jiahang became energetic.

When Ren Zhen says these two words, he usually doesn't mean them out of thin air.

"Ren Lu, have you found a breakthrough?"

"I have an idea, but I'm not sure yet."

Ren Zhen shook his head and turned the computer screen halfway to show him the laws he had just compiled.

"This is the 2014 judicial interpretation of the two top leaders on handling criminal smuggling cases. Article is related to obscene materials.

This article clearly provides the sentencing circumstances for smuggling various types of obscene materials, as well as the corresponding statutory sentencing ranges. "

“There are more than 50 obscene videos but less than 100.

There are more than one hundred tapes but less than two hundred.

More than 100 pairs/volume of poker cards and books and periodicals but less than 200 pairs/volume.

More than 500 photos but less than 1,000 photos

Are these less serious? Less than three years? "

Chang Jiahang browsed quickly: "Smuggling of obscene items with a maximum amount of money stipulated is less than five times, for more than three years.

So according to the sentencing recommendations of the public prosecution agency, Liu Qianli is in this bracket? "

Ren Zhen nodded: "Did you find the problem?"

"Forehead"

Chang Jiahang read it carefully again, feeling a little unsure:

"Liu Qianli was detained by the customs for 1,500 pieces. I remember. Was he ordered based on a photo or a drawing?"

"Ah."

Ren Zhen nodded: "Do you think something is wrong?"

"Can the pattern printed on this card sleeve be considered a photo or drawing?"

Chang Jiahang knew where the breakthrough point Ren Zhen was talking about was.

"The Public Prosecution Office should just let the pictures go."

Ren Zhen turned the computer screen back: "I feel there is something wrong, but if we advocate not counting pictures, we have to define these card sets.

What do you think this thing should be? "

“Counting poker?”

Chang Jiahang thinks this is the closest in the legal regulations: "Poker cards are counted according to decks. If the card sets are counted as poker cards, then Liu Qianli will be deducted thirty decks, which is less than the criminal standard of one hundred decks. .”

"It is possible, but there is no clear answer here as to what the card set should be recognized as."

Ren Zhen stretched himself: "Next, let's look for the legal regulations first to see if there are any other relevant regulations that can clearly classify the card sets."

"it is good."

Chang Jiahang knew that this was directly related to Liu Qianli's guilt or innocence, so he turned around and went out without any more nonsense, returned to his position and started working.

While waiting for the court session, Ren Zhen met with the prosecutor handling the case.

"Can I ask what your opinion is on this?"

Ren Zhen asked tentatively while looking through the case file.

"Then what else can we say? It's just smuggling obscene materials."

The prosecutor named Fei Yifan looked at Ren Zhen and clearly questioned whether he was an amateur.

"I know this."

Ren Zhen nodded: "But I want to know more specifically. Why is the sentencing recommendation given by the public prosecution agency three years?"

“Because that’s what the law stipulates!

I asked you lawyers, can you prepare well before you come to review the papers? "

Fei Yifan's tone was a little impatient: "Why do we always have to tell you something clearly written in the law?

When looking up legal provisions, don’t just look at whether the criminal law is good or not. You can also find relevant judicial interpretations on Baidu.

I have cooperated with you in reviewing the case files and communicating with you about the case, but we prosecutors are not your lawyers’ law teachers, okay?

By the way, you are not actually a law student, so you have just passed the law exam, right? "

At the end of the sentence, Fei Yifan looked around suspiciously, and then expressed condolences in his heart for the unevenness of my country's legal industry.

"I have read the judicial interpretation of the Supreme People's Court and the Supreme People's Procuratorate on handling smuggling cases in 14."

Ren Zhen was speechless. He originally just wanted to be tactful, but he didn't expect that the prosecutor not only failed to understand his subtext, but also made up so much information in his head, treating him as a rookie.

"I just want to confirm that you have certified Liu Qianli's card sets in accordance with Article 13, Paragraph 4?"

"How can I remember this so clearly? Anyway, there is only one judicial interpretation on obscene materials."

Seeing that Ren Zhen was not ignorant, Fei Yifan felt a little less resentful:

"The Anti-Smuggling Bureau transferred 1,500 of them, and 500 of them already constitutes a crime.

If his amount had been smaller and the circumstances were considered to be less serious, the sentencing recommendation would have been less than three years.

But 1,500 certificates is enough for the standard legal sentence. We recommend three years as the minimum. "

Speaking of this, Fei Yifan said with seriousness and sincerity: "Tell me, these children nowadays are unable to go to a good university, but they have to engage in these messy things.

When the evidence was first delivered, I knew that this kid would not be able to escape after a few years in prison.

If it weren't for the fact that he was still a student and quite cooperative during the previous investigation, it wouldn't be as simple as three years here.

What kind of girly thing is this? The name sounds inappropriate and is simply immoral. If my son does these things, I will force him to do so."

This forty-year-old prosecutor actually had the potential to be a talker. Ren Zhen only said one sentence. He rambled on a lot, and even went astray while talking, leaving Ren Zhen without a chance to interrupt. .

"By the way, when I called him before, I told him about pleading guilty and accepting punishment. You can talk to him about this after you go back."

Fei Yifan finally got back to the topic: "The trial is about to begin. The sooner he pleads guilty and accepts punishment, the better it will be for him.

This is a big deal, so remember not to delay. "

From beginning to end, Fei Yifan didn't even ask the lawyer what his opinion was.

The case has been prosecuted, and Ren Zhen is too lazy to say anything more.

Anyway, I have read the file, and I have probably understood the prosecutor’s point of view. It is useless to say anything more to him.

Judging from Fei Yifan's attitude, he never considered the possibility that Liu Qianli's behavior was not criminal.

The possibility of persuading him to withdraw the prosecution cannot be said to be very small.

In this case, save your energy and save it for the court.

(End of this chapter)