1. What's the charge of a criminal offence involving pornography?
Criminals involved in pornography may, in accordance with the relevant provisions of the Criminal Law:
Article 363 of the Criminal Law commits the crime of making, copying, publishing, selling and disseminating obscene articles for profit; The crime of providing a book number for others to publish obscene books and periodicals, and making, copying, publishing, selling or disseminating obscene articles for profit, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Whoever provides a book number for others and publishes obscene books and periodicals shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; Whoever knowingly publishes obscene books and periodicals and provides the ISBN shall be punished in accordance with the provisions of the preceding paragraph.
Article 364 Crime of spreading obscene articles; The crime of organizing the broadcast of obscene audio-visual products refers to the dissemination of obscene books, periodicals, movies, audio-visual, pictures or other obscene articles. If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance. Whoever organizes the broadcast of obscene movies, videos and other audio-visual products shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined. Whoever makes or copies obscene movies, videos and other audio-visual products for broadcasting shall be given a heavier punishment in accordance with the provisions of the second paragraph. Whoever disseminates obscene articles to minors under the age of 18 shall be given a heavier punishment.
Article 365 Whoever organizes obscene performances shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.
Two. Information about criminal offences involving pornography.
1, broadcast behavior, generally refers to the dissemination of audio-visual obscene articles. As the second paragraph of this article criminalizes the organization of broadcasting obscene audio-visual products, the "broadcasting" referred to here is limited to unorganized broadcasting.
2. Lending refers to the behavior that the lessor transfers the possession of obscene articles and the borrower uses obscene articles within a certain period of time. It must be for the purpose of not making profits, and the actor has no purpose of obtaining consideration.
3. Transportation refers to transporting obscene articles from one place to another by means of transportation.
4. Carrying behavior means that the actor carries a certain amount of obscene articles with him. If the perpetrator carries obscene articles for his own use, it cannot be regarded as a crime.
5. Show the behavior, that is, show it to him. The exhibition is a static display, in which the actor places obscene articles in a certain space to attract or lure unspecified or specific majority people to watch.
6, publishing behavior, that is, to the public, to the unspecified majority.
7, mailing behavior, refers to the transmission of obscene articles through the post and telecommunications departments, such as the use of letters.
8. Use computer network technology to spread. The Administrative Measures for the Security Protection of Computer Information Network International Networking stipulates that no unit or individual may use the Internet to produce, copy, consult or disseminate obscene information. The perpetrator has such behavior, and if the circumstances are minor, he shall be given administrative punishment; If a crime is constituted, criminal responsibility shall be investigated according to law.
The determination of criminal crimes involving pornography should be handled in accordance with the procedures prescribed by law, especially the handling of different criminal facts, which should be supported by relevant evidence submitted by the parties. If the criminal evidence is insufficient to make a judgment, the legal responsibility can be investigated by applying legal errors.