Supreme People’s Court Reply Concerning Questions on How to Convict in Criminal Cases of Projecting Obscene Video Tapes, Video Discs, Television Discs, Slides, etc.
Sichuan Province Higher People’s Court, Guangxi Zhuang Autonomous Region Higher People’s Court:
Your request for instructions concerning questions on “how to convict in criminal cases of projecting obscene video tapes, video discs, television discs, slides, etc. with the aim of profit”, has been studied. In recent yeas, illegal and criminal activities of smuggling, production (including duplication), sale and broadcast of obscene materials have spread in a number of cities, amongst which the most grave are broadcast activities of obscene videos. It corrupts people’s thoughts, undermines social conduct and poisons young people’s spirit, damages the construction of a socialist spiritual civilization, and has become an exceptional problem inducing criminality and damaging public order. Central Committee document no. (1983)38 has pointed out: “it is necessary to severely attack production, sale and dissemination of obscene products and use that to trap criminal activities of the masses engaging in obscene activities, towards discovered criminals, it is necessary to impose punishment according to respectively Article 160 and Article 170 of the “Criminal Law”, if there are persons guilty of other crimes as well, they shall be punished heavier according to the number of crimes”. Therefore, towards this sort of criminal activity, it is necessary to determinedly punish it according to the law. Those organizing broadcast of obscene videos, videodiscs, television discs, slides, etc., constituting a crime, may be directly punished under the provisions of Article 170 of the “Criminal Law”, it is not necessary to apply law by analogy. Where it constitutes the crime of hooliganism, it may be punished according to the provisions of Article 160 of the Criminal Law. Where the crime of hooliganism conforms to the circumstances referred to in the NPC Standing Committee “Decision Concerning Gravely Punishing Criminals Damaging Public Order” and constitutes the crime of teaching how to commit a crime, it shall be dealt with according to the relevant provisions of the abovementioned “Decision”.
It is hereby answered.
最高人民法院关于播放淫秽录像 影片 电视片 幻灯片等犯罪案件如何定罪问题的批复