"Communication" among friends and relatives is a moral category

Abstract: The "spread" between friends and relatives is the reason for the double quotes, because "spread" from the interpretation of the word text, should be disseminated to the public, spread to the outside, spread to the social scope.

Procuratorate explains how to define the crime of spreading obscene video

Last reported index

Time: February 5, 2010

Edition: "Guangdong News" A14

Topic: "The spread of obscene film Chich profit 3 Million"

Our News (reporter Liu) recently, Jiangmen Intermediate court for malicious pay spread obscene film near Chich illegal profit nearly 3 million yuan yellow to carry out the first instance of the verdict, the public in the yellow from college students reduced to yellow "big crocodile" regret, can not help to create doubt, the spread of obscene video on a certain crime? How much is the amount of transmission? Friends and relatives to send obscene video is illegal, such as the issue of hot discussion. Reporters on the above-mentioned hot issues interviewed Jiangmen Procuratorate related responsible person.

Jiangmen prosecutors told reporters that the current judicial interpretation and local administrative regulations, regulations and other laws and regulations on the dissemination of obscene video content, although there are some, but the specific number is not clear. At present, domestic media reports, the spread of more than 10 obscene video is criminalized.

Chinese New Year holiday, many people at home to rest, between husband and wife, between men and women friends and even the same-sex friends pass 10, 20 obscene video, whether enough to convict? Jiangmen Prosecutors said the recent Supreme People's Court, the Supreme People's Procuratorate and other departments in the media to answer similar questions, clearly pointed out that the "dissemination" of obscene information between friends and relatives generally do not deal with crime.

Jiangmen the relevant person in charge of the Procuratorate thinks that the crime of spreading obscene articles stipulated in our criminal law has two main elements, firstly, it is required to spread in public places, the second is the serious circumstances, such as multiple transmission, large number of people, and even more serious consequences. If it is the Spring Festival Golden Week period, boredom, the general friends, between husband and wife, between relatives of obscene video, on the one hand, not in the public domain, on the other hand, the number, number, consequences are not too serious, prosecutors believe that this situation is not treated as a crime.

"Communication" among friends and relatives is a moral category

"Spread" between friends and relatives is the reason for the double quotes, because "spread" from the interpretation of the word text, should be disseminated to the public, spread to the outside, spread to the social scope. If friends and relatives, between colleagues send a little taste of the video, ridicule each other "to have fun", so can only be regarded as personal moral character, not high, can not put the civil moral category of norms in the scope of the criminal law.