Supreme People’s Court Interpretation Concerning Some Questions on Concretely Applicable Law in Hearing Criminal Smuggling Cases (Excerpt)
(Passed on 20 September 2000 in the 1131st meeting the Supreme People’s Council Judicial Committee, JI No. (2000)30)
Article 5: “Other obscene items” as provided in Article 152 of the Criminal Law, refers to items such as video discs, audio discs, electronic publications, etc., other than films, video tapes, audio tapes, picture, books and periodicals, that through forms such as writing, sound, images, etc. display obscene content.
When smuggling of obscene goods fulfils one of the following quantities, it will be regarded as smuggling of obscene goods “with relatively light circumstances”, and be punished with fixed-term imprisonment of less than three years, criminal detention or surveillance, and a fine:
(1) smuggling of more than fifty, to one hundred obscene video tapes, video discs;
(2) smuggling of more than one hundred, to two hundred obscene audio tapes, audio discs;
(3) smuggling of more than one hundred to two hundred obscene playing card sets, books, picture albums’
(4) smuggling of more than five hundred to one thousand obscene photos, images;
(5) smuggling of the equivalent abovementioned number of other obscene products.
Where smuggling of obscene goods does not reach five times the maximum limit of the provisions in Paragraph 2 of this Article, it shall be punished with fixed-term imprisonment of more than three years but less than ten years, and a fine.
Where smuggling of obscene goods exceeds five times the maximum limit of the provisions in Paragraph 2 of this Article, or although it does not meet five times the maximum limit, but there are grave circumstances such as involvement of the ringleader of a criminal croup or use of special vehicles to engage in smuggling, etc., it will be regarded as smuggling of obscene goods “with grave circumstances”, and be punished with fixed-term imprisonment of more than ten years or life imprisonment, and a fine or confiscation of goods.
Smuggling of non-obscene goods such as films, video discs, video tapes, audio tapes, pictures, books, electronic publications, etc, will be convicted and punished according to the provisions of Article 153 of the Criminal Law.