Chapter 68 The verdict was released, seven people were sentenced
The next day.
It's still the same time and place.
At ten o'clock in the morning, the Criminal Tribunal of Binjiang District People's Court publicly tried Du Xiangxiang, Li Guiqin and others for defamation in accordance with the law.
Before the trial, Jiang Bai used the second "moderate depression experience card" and then walked into the courtroom with Luo Dazhuang with a dejected look on his face.
"winter!"
The familiar sound of the gavel sounded.
The court officially opens!
Read out court discipline, confirm the identities of all parties, and read out the indictment...
After a set of fixed procedures, more than ten minutes passed, followed by the court debate and the presentation and cross-examination of evidence.
There are seven defendants this time, namely Du Xiangxiang, her mother and daughter, and five Douyin platform bloggers.
The trial will be held in three rounds.
The first round of trial was against defendant No. 1 Du Xiangxiang.
Luo Dahui said in a loud voice: "Defendant No. 1 (Du Xiangxiang) was sentenced to two suspended sentences for defamation in the previous trial, but he did not repent and continued to slander my client on the Internet during the suspended period.
Avoiding the important and choosing the light, confusing right and wrong..."
"If you commit a new crime during the probation period, your probation will be revoked and you will be punished concurrently for several crimes!"
"I request your Excellency, the judge, to give defendant No. 1 a harsher sentence!"
Du Xiangxiang stood in the dock, looking pale and flustered.
He looked at Chen Mengzhe as if asking for help.
The latter began to defend: "I object!"
"The accusations made by the prosecution lawyer against my client are completely false!"
"There are three elements of the crime of defamation:"
“1. The object violated by the crime of defamation is the personal dignity and reputation rights of others;”
"2. The objective aspect of the crime is that the perpetrator fabricates and spreads some fictitious facts, which is enough to detract from the personality and reputation of others, and the circumstances are serious;"
"Third, the subject is a general subject, and subjectively it must be intentional."
"Our client did record and upload the video, but she did not name her in the video. The plaintiff's name never appeared in the entire video from beginning to end!"
"The relevant statements are macro-general remarks without any specific direction, so the plaintiff is not qualified!"
"In other words, there is no specific individual who was violated in this video, so it certainly does not constitute defamation!"
After saying that, Chen Mengzhe looked at Luo Dazhuang.
This is his most powerful weapon!
Regardless of whether it was Du Xiangxiang or Li Guiqin, they never mentioned the word "Jiang Bai" in the video. They referred to each other with the words "TA" or "that person" or "that guy" throughout the video.
I didn't name you, so why do you think I slandered you?
As long as Chen Mengzhe can gain an advantage in this round of defense, the subsequent rounds of defense will be much easier.
It is even possible for several defendants to be released without charge in court!
If this is the case... Chen Mengzhe's name will surely resound throughout the entire Dragon City judicial community!
However, the dream is full, but the reality is very skinny.
As soon as Chen Mengzhe finished speaking, he received a fierce counterattack from Luo Dazhuang.
"It is true that the defendant did not directly name our client, but there is a kind of infringement of reputation rights called 'innuendo-type infringement of speech!"
"The object the defendant refers to in the video has distinctiveness and correspondence. That is, the other person mentioned in the defendant's video has identifiable distinctiveness and is consistent with the personal characteristics of our client.
correspondence."
"In addition, through the defendant's narration in the video, it is completely possible to lock in the only subject, so that the general public will understand him as our plaintiff."
"Based on the relevant provisions of the "Judgement on the Subject Directivity of Insinuated Intrusive Speech", it is sufficient to conclude that this is a typical insinuated intrusive speech. Therefore, the object of the infringement is our client, and the defendant is found guilty of defamation!"
Regarding insinuating intrusive remarks, Luo Dazhuang spoke very professionally.
Generally speaking, including but not limited to the following situations, they can all be classified as so-called "reflective intrusive speech": insinuations, accusations, beating around the bush...
This legal provision is most applicable in the entertainment industry.
When the media reports gossip, in order to avoid disputes over reputation, privacy and other issues, they usually refer to celebrities by artists with the surname X, or artists with the XX name, etc. This may not seem to constitute an infringement, but in fact this is innuendo-type infringement.
…
After hearing what Luo Dazhuang said, Chen Mengzhe took a breath of cold air.
The move he made with full of confidence was shattered easily!
Chen Mengzhe knew very well that although this duel had just begun, it was already over.
But he still bit the bullet and continued the debate.
"I question the plaintiff's claim that he was moderately depressed because of our client's defamation."
"Here is a surveillance video of what happened at the Blue Water Cafe yesterday."
"The plaintiff performed epilepsy in public to the extent that it was fake and real. His acting skills are obvious to all."
"Therefore, I have reason to suspect that the plaintiff's so-called depression was caused by his acting to mislead the doctor, thus obtaining a false diagnosis!"
Judge Chen Zhonghan looked at the plaintiff's table and said: "Please respond to the plaintiff's lawyer's question."
Luo Dazhuang was well prepared and calmly held up a piece of evidence and said, "This is the diagnostic report issued by Dr. Han, chief physician of the Department of Psychiatry of XX Hospital, a tertiary tertiary hospital. This is the strongest evidence!"
"As for the defense lawyer's claim that experts can misdiagnose through performance, it is simply ridiculous!"
"If a person does not have depression, no matter how good he is, professional and experienced doctors can still gain insights from some non-verbal messages."
"Please do not question the professionalism of a chief physician."
Some people may think that depression can be faked. After all, it is different from common organic diseases and cannot be detected through scientific instruments such as B-ultrasound, color ultrasound, MRI, and CT.
But it’s definitely not easy to pretend to be depressed. This kind of mental illness is not just a simple depression, gloominess, etc. You can pretend with words, and you can also act with facial expressions, but there are some inner things that cannot be acted out no matter what.
came out.
Therefore, Chen Mengzhe’s doubts about depression are untenable.
Half an hour later, as the gavel fell, the trial of defendant No. 1 Du Xiangxiang was completed.
Next is defendant No. 2 Li Guiqin.
Chen Mengzhe: "Our client's education level is not high..."
Luo Dazhuang: "Low education level is not an excuse for committing a crime, nor is it a reason to reduce the sentence!"
Chen Mengzhe: "Our client is entirely out of concern for his daughter, and caring will lead to chaos..."
Luo Dazhuang: “But this does not change the subjective fact of defendant No. 2’s crime!”
"..."
"winter!"
The second round of trial is over.
The third round begins.
The five defendants appeared in court together.
"Defendant No. 3 (Mu Yunhai), whose Douyin account is "Hai Jiangjun", has 430,000 followers. The two defamatory videos he posted have both been played more than 2 million times..."
"Defendant No. 4 (Li Jun), Douyin account "Grand Elder of Burial Love Family", has 510,000 followers..."
“Defendant No. 5 (Chen Bin), Douyin account ‘A Bin whose high school grades were not ideal’…”
"Defendant No. 6 (Zhao Dazhuang)..."
"Defendant No. 7..."
"The behavior of several defendants is a slander and insult to my client! This behavior caused my client to suffer from moderate depression..."
"And it's for profit..."
"I request your Excellency, the judge, to give a harsher sentence to several defendants!"
Luo Dazhuang's loud voice sounded in the courtroom.
The five spirited young men suddenly turned pale with fright.
Chen Mengzhe sighed secretly and began to defend him: "Our parties do not know the truth. They just want to speak out for 'injustice' out of passion..."
Luo Dazhuang smiled, cited a piece of evidence, and said: "I have evidence here that can prove that the five defendants know the truth!"
“After they posted the video, many insiders clarified for our client in the video comment area. However, instead of promptly correcting the infringement and terminating the infringement, the five defendants deleted the insider’s comments and blocked their accounts.
"
"This kind of behavior is enough to show that they knew the truth, but ignored it, still carried out slander and allowed the situation to develop!"
Ah this...
Chen Mengzhe was caught off guard.
He turned and glared at the defendant.
No one of them told him about such an important situation!
madness!
So stupid!
This put Chen Mengzhe into a passive position.
The already unoptimistic situation has become even worse.
There are always some clever people who hide something from the lawyer. As a result, the lawyer becomes passive in court and the rhythm is chaotic!
Obviously, these spirited young men are the legendary wise men.
They concealed this situation, leaving Chen Mengzhe unprepared for it.
There is no hope of a comeback...
Forty minutes later, the grueling court debate ended.
Chen Zhonghan looked at Jiang Bai and said, "Please make the plaintiff's final statement."
Jiang Bai looked a little sluggish, slow to react, and seemed absent-minded.
"winter!"
"Please let the plaintiff make his final statement."
Chen Zhonghan repeated it, and Jiang Bai finally realized and stood up slowly.
He said in a low voice: "The defendant's slander has had a very serious impact on me. I haven't been able to eat well and can't sleep every day in the past few days..."
"I request your honor to give a harsher sentence to several defendants. Thank you."
Jiang Bai bowed deeply to the judge and then took his seat.
He used the moderate depression experience card before the trial. This series of performances were all those of a patient with moderate depression.
All this is seen by the judge and jurors.
How could this be fake?
Even if you're pretending, you can't pretend to be perfect for nearly two hours, right?
If Jiang Bai really had such acting skills, he could easily win the best actor awards in all major awards!
Such a handsome young man is so depressed.
Chen Zhonghan sighed secretly, withdrew his gaze and looked at the defendant's seat: "Please give the defendants their final statements in turn."
Du Xiangxiang was the first.
She burst into tears immediately, bursting into tears, and stammered her statement.
Then there are Li Guiqin, Mu Yunhai...
This time they didn't do anything wrong. They all strictly followed Chen Mengzhe's instructions, confessed, apologized, and were sincere.
"winter!"
The gavel fell.
Chen Zhonghan began to read out the verdict: "The Criminal Tribunal of the People's Court of Binjiang District, Longcheng City has completed the trial of Du Xiangxiang, Li Guiqin and others for defamation."
"The following judgment is hereby made!"
The words rang out and everyone stood up.
The faces of the seven defendants were full of fear and anxiety.
It's a pity that there is no regret in selling medicine in this world, otherwise they would spend all their wealth just to buy one.
Chen Mengzhe felt a sense of relief and relief.
He suddenly understood Zhang Wei a little now.
Duel with Luo Dazhuang is really a kind of torture.
There is already a gap in strength, and I have to be held back by my pig teammates.
I was literally pressed to the ground and rubbed the entire time.
But thinking about Zhang Wei, Chen Mengzhe suddenly felt much more mentally balanced.
Zhang Wei's experience has spread throughout Longcheng's judicial circles.
This unlucky kid...
Every time I meet a god opponent and a pig teammate...
Chen Zhonghan continued to read out the verdict:
"The defendant Du Xiangxiang was found guilty of defamation and committed a new crime during the probation period. His probation was revoked and he was punished for several crimes. He was sentenced to five years in prison and was required to pay 20,000 yuan in compensation for the victim's mental loss."
"The defendant Li Guiqin was found guilty of defamation... and sentenced to two years and six months in prison and ordered to pay 10,000 yuan in compensation for the victim's mental loss."
"The defendant, Mu Yunhai, was found guilty of defamation and for the purpose of profit... was sentenced to three years in prison and ordered to pay 10,000 yuan in compensation for the victim's mental loss."
"The defendant Li Jun..."
Mu Yunhai and other five Douyin bloggers were sentenced to a minimum sentence of two years and three months and a maximum of three years, and were all required to pay Jiang Bai mental damages ranging from 5,000 yuan to 10,000 yuan.
The costs of this lawsuit will be borne by the seven defendants.
In addition, they also need to delete the infringing video and clarify the truth online to restore the reputation of the victim.
As soon as the verdict was pronounced, "the whole country was filled with sorrow."