Notice concerning Correctly Implementing the “National People’s Congress Standing Committee concerning Strictly Punishing Criminals Smuggling, Producing, Peddling or Disseminating Obscene Goods”
7 January 1991
Supreme People’s Court
All provincial, autonomous region and municipal People’s Courts, Liberation Army Military Tribunals:
The “National People’s Congress Standing Committee concerning Strictly Punishing Criminals Smuggling, Producing, Peddling or Disseminating Obscene Goods” (hereafter simply named “Decision”) has been promulgated on 28 December 1990. In order to correctly implement this “Decision”, the following matters are hereby notified:
I, Cases occurring after the promulgation and implementation of the “Decision”, are adjudicated according to the provisions of the “Decision”
II, The question of how to apply the law in cases having occurred before the promulgation of the Decision, and that have not been dealt with or are being dealt with after promulgation and implementation, will be handled according to the principles provided in Article 9 of the Criminal Law.
Criminal acts to be punished according to Article 2 of the “Supreme People’s Court and Supreme People’s Procuratorate Regulations concerning Concretely Applicable Law in Adjudicating Criminal Cases on Obscene Goods”, that have not yet been dealt with or are being dealt with, will no longer be punished as the crime of speculation and profiteering, but criminal liability shall be investigated according to the relevant provisions in Article 2 of the Decision”.
III, Cases that occurred before the promulgation and implementation of the “Decision”, and where People’s Courts have already made a decision or ruling on the effect of the law at the time of occurrence according to the provisions of the law at that time, will not change.