Recently, King&Capital Law Firm YanHuainan, LiSong lawyers accept the commission for the suspected dissemination of obscene material crime of the party LiMouMou defense, in the defense of the intense and orderly work, the procuratorate finally decided to this case is not indicted, LiMouMou finally get free.

Case description

Between 2018 and 2022, the suspect Li Moumou has uploaded more than 20 indecent videos to the website through the Internet, and the relevant videos have been clicked and viewed more than 2 million times, and then Li Moumou voluntarily came to the case after being summoned by the public security authorities, and the videos he uploaded were all identified as obscene videos.

The "golden 37 days", the work is intense, but get a good stage result of not approved the arrest

After accepting the commission, the defender made the first appointment to meet with the investigating authorities, submitted the defense procedures to the investigating authorities, and communicated with the case police on the case at the first time. After the meeting, the timely submission of the application for bail pending trial, mainly from Li Moumou uploaded his intimate video with others is based on curiosity, the behavior involved in the case is small, with the circumstances of surrender, but were rejected. At the same time, the defense found that when communicating with the investigating authorities, the next step in the case, such as procedural issues did not get a clear answer.

Based on the above circumstances, combined with the situation near the Mid-Autumn Festival, the defense based on experience that the case may not wait until the 30th day, but at any time may be reported to the Procuratorate for approval of arrest. Therefore, the defense actively through the telephone high frequency to the Procuratorate case management department to inquire whether the case is reported to the arrest, and through the binding 12309 website, real-time query the progress of the case.

In the defense of the steady pace of work, timely capture the case reported to the Procuratorate to approve the date of arrest and submit a legal opinion should not be approved arrest. Which Li Moumou no dissemination of obscene material subjective intent and purpose and behavior of the specific social harm is not large, etc. to discuss all-round, the conclusion is that according to the "Criminal Law of the People's Republic of China" Article 13, Article 37 of the provisions of the Criminal Law of the People's Republic of China, found that the crime is significantly less serious, less socially harmful, can not be considered a crime, or exempted from criminal penalties, and once again on the circumstances of the surrender to the fixation, emphasizing that in the case of the evidence Has been collected, and from its consistent performance and other aspects of emotional, rational and legal arguments from multiple perspectives.

Procuratorate fully consider the views of the defense, that the suspect Li Moumou has surrendered, behavior less vicious, and the relevant evidence in the case have been fixed, adhering to the criminal policy of leniency and severity, according to the "People's Republic of China Criminal Procedure Law" Article 90 of the provisions of the decision not to approve Li Moumou's arrest.

During the review and prosecution, the defense around the reasons for not approving the arrest was launched, and the case was finally not prosecuted.

In the case into the review and prosecution stage, the defense read the volume, found that the facts of the case is clear, and Li Moumou spread the video was identified as obscene video, and the number of clicks for more than 200 million times (for the same batch of cases of the same type of transfer for review and prosecution of the highest number of clicks), in accordance with the relevant judicial interpretations, Li Moumou's behavior has been constituted by spreading the crime of obscene materials, and Li Moumou has admitted his guilt and punishment. The defense believes that the case should be a minor crime as the entry point for the defense, the defense goal is to fight for the Procuratorate not to prosecute.

The defense combined with the current judicial system of prosecution, closely around the Procuratorate not to arrest the reason for the entry point for the defense. Defenders focus on video access and behavioral hazards of the defense, pointed out that Li Moumou suspected of disseminating obscene materials using foreign websites, so the impact of its dissemination and social hazards are relatively small. But the focus of this case is that Li Moumou uploaded video clicks are too high. In view of this, the defense pointed out that Li Moumou spread the video clicks are high in the curiosity of the results of letting go, and actively spread and the pursuit of clicks and other circumstances are fundamentally different, the nature of the behavior and subjective malignancy are small.

Results of the case

After the Procuratorate review, that Li Moumou spread the relevant obscene video is not through the bad way to obtain, the behavior of the social harm is not big, and there are circumstances of surrender, according to the "People's Republic of China Criminal Procedure Law" Article 177 of the provisions of the decision of Li Moumou not to prosecute.

Case tips

First, we must make good use of the "golden thirty-seven days" every day. The "golden thirty-seven days" time is tight and heavy task, can not have half a bit of lying flat mentality.

The second is to make good use of all the existing case aids, keep an eye on each case node. Such as 12309 system, you can realize online reading, check the progress of the case.

Third, the defense strategy must be close to the background of the arrest and prosecution. In the judicial context of the prosecution, the defense should be closely around the Procuratorate's opinion to carry out targeted defense.