1, the behavior of the person involved has constituted a crime.
According to the information released by the police, the amount of CDs involved in this case is huge, which has reached the standard of criminal filing. However, as the case is still under investigation, it is necessary to analyze the specific crimes committed by the people involved. Producers of pirated CDs may violate the crime of copyright infringement in Article 2 17 and the crime of selling infringing copies in Article 2 18 of the Criminal Law; If there is obscene content in pirated CDs, it may violate the crime of making, copying, publishing, selling and spreading obscene articles for profit in Article 363 of the Criminal Law; Crime of publishing obscene books and periodicals by providing book numbers for others. A salesperson selling a pirated CD that he knows is an infringing copy of another person may commit the crime of selling infringing copies separately in Article 2 18.
2. Criminal responsibility.
If the amount of illegal income from the crime of copyright infringement is relatively large or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined; If the amount of illegal income is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. According to the relevant judicial interpretation, the amount of personal illegal income, that is, the amount of profit, is more than 654.38+10,000 yuan, reaching the standard of large amount. The amount involved in this case reaches10 million, which is likely to be sentenced within three to seven years of sentencing, but it still depends on the degree of individual participation in this case. If the contents of the CD are pornographic, it may constitute a combined punishment for several crimes. ?