1. Is the WeChat group mainly sentenced for spreading obscene materials? According to the relevant provisions of the "Criminal Law", anyone who uses the Internet or mobile communication terminals for profit-making purposes to disseminate obscene electronic information and more than 40 video files such as obscene movies, performances, animations, etc. will be convicted and punished for the crime of disseminating obscene materials. Sentenced. In this case, Ruan Moumou spread 76 pornographic videos in the group, which constituted the crime of spreading pornographic materials for profit. Although Zhang himself did not upload obscene videos, as the group leader, he has the right to kick group members out of the group. According to him, Ruan was kicked out for uploading obscene videos, but others brought Ruan in again and never took care of him again. The judicial interpretation issued by the Supreme People's Court and the Supreme People's Procuratorate in 2010 stipulates that the use of the Internet to establish groups mainly used to spread obscene electronic information has more than 30 members. The founders, managers and main disseminators shall be convicted and punished for the crime of disseminating obscene materials in accordance with the provisions of Article 364, paragraph 1, of the Criminal Law. Zhang is the group leader and manager, and there are 57 members in the group, which constitutes the crime of disseminating obscene materials for profit. two. Brief introduction to the case On September 15, we learned from the Ruian City Procuratorate in Wenzhou that the first case of Zhejiang Province’s WeChat group dissemination of obscene materials, which was prosecuted by the Procuratorate, was recently pronounced by the Ruian City Court in the first instance. Ruan Moumou, the main uploader of obscene videos, and I, the group leader who did not upload obscene videos, were both sentenced to one month and 15 days in prison for spreading obscene materials. Ruan and Zhang are both from Ruian, born in 1981 and 1983 respectively. The court found that from 2004 to January this year, while Zhang was the leader of the "Adulterer and Adulterer" WeChat group, he allowed Ruan and others to post a total of 451 obscene videos in the group. Among them, there are 76 videos posted by a certain person.
Legal objectivity:
Article 364, Paragraph 1, of the Criminal Law of the People's Republic of China disseminates obscene books, periodicals, movies, audio and video, pictures or other obscene materials , if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance. Article 84, paragraph 1, of the "Regulations of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs": Anyone suspected of disseminating obscene books, periodicals, videos, audiovisuals, pictures or other obscene materials falls under the following circumstances: 1. A case should be filed for prosecution: (1) If it is spread to others more than 300 times but not more than 600 times; (2) It causes adverse social impact.