For the punishment of illegal publications criminal activities according to law, in accordance with the relevant provisions of the criminal law, some problems of the trial of criminal cases of illegal publications on the specific application of law are explained in the following:
First knowing publications containing incite secession, undermining national unity or inciting subversion of state power or overthrow the socialist system, content, and publication, printing, copying, release, dissemination, in accordance with the provisions of article 103rd of the criminal law second or 105th section second, in order to incite secession or the crime of inciting subversion conviction punishment.
Article second for the purpose of profit, the implementation of article 217th of the criminal law listed one of the copyright infringement behavior, the individual amount of illegal income in fifty thousand yuan of above, the unit amount of illegal income in two hundred thousand yuan of above, belong to "a fairly large amount of illicit income"; one of the following circumstances, belongs to the "other serious circumstances":
(a) for infringement of copyright has more than two times by administrative responsibility or civil liability, and the implementation of article 217th of the criminal law of the columns of the infringement of copyright within two years;
(two) individual illegal business amount is in two hundred thousand yuan of above, illegal business amount is in one million yuan of above;
(three) other serious consequences.
For the purpose of profit, the implementation of article 217th of the criminal law listed one of the copyright infringement behavior, the individual amount of illegal income in two hundred thousand yuan of above, the unit amount of illegal income in one million yuan of above, belong to "huge amount of illegal income;" one of the following circumstances, belong to "other especially serious circumstances":
(a) individual illegal business amount is in one million yuan of above, illegal business amount is in five million yuan of above;
(two) caused by other especially serious consequences.
Article third of criminal law 217th (a) item in the provisions of the "copy and distribute", refers to the behavior of people for the purpose of profit, without the permission of the copyright owner and the implementation of the copy, distribution or both copy and issue a written work, music, film, television, video works, computer software and other works of behavior.
Article fourth for the purpose of profit, the implementation of article 218th of the criminal law provisions of the act, the individual amount of illegal income in one hundred thousand yuan of above, the unit amount of illegal income in five hundred thousand yuan of above, in accordance with the provisions of article 218th of the criminal law, condemned the punishment to the crime of selling infringing duplicates.
Article fifth the implementation of article 217th of the criminal law act of infringement on copyright provisions, and sales of the infringing copy, huge amount of illegal income, only the crime of copyright infringement, not a combined punishment for several crimes.
The implementation of article 217th of the criminal law crime of infringement of copyright regulations, and knowing is an infringing copy others to sales, which constitutes a crime, shall be given a combined punishment for several crimes.
Sixth in the publication openly insulting others or fabricating facts to slander others, if the circumstances are serious, in accordance with the provisions of article 246th of the criminal law of the crime of insult or slander, respectively to be convicted and punished.
Seventh publishing published discrimination, insult minority works, bad plot, resulting in serious consequences, in accordance with the provisions of article 250th of the criminal law, discrimination, insult to conviction and published works of minority nationality punished.
Article eighth for the purpose of profit, the implementation of the provisions of the first paragraph of article 363rd of the criminal law act, one of the following circumstances, to production, copying, publishing, selling, convicted of the crime of spreading obscene articles for profit:
(a) production, copying, publishing pornographic videos, software, video with fifty to one hundred beds (box) above, obscene Yindie, tape one hundred to two hundred above (box), poker, obscene picture books and periodicals, one hundred to two hundred pairs (copies) above, obscene photos, pictures of five hundred to one thousand above;
(two) selling pornographic videos, software, video with one hundred to two hundred beds (box) above, obscene Yindie, tape two hundred to four hundred above (box), poker, obscene picture books and periodicals, two hundred to four hundred pairs (copies) above, obscene photos, pictures of one thousand to two thousand above;
(three) to the others of obscene articles for more than two hundred to five hundred people, or organizations, like the shadow play obscene amounts to above ten to twenty matches;
(four) production, copying, publishing, selling, obscene articles, made a profit of five thousand to ten thousand yuan.
For the purpose of profit, the implementation of the provisions of the first paragraph of article 363rd of the criminal law act, one of the following circumstances, it shall be recognized as production, copying, publishing, selling, crime of spreading obscene articles for profit "serious":
(a) production, copying, publishing pornographic videos, software, video with two hundred and fifty to five hundred beds (box) above, obscene Yindie, tape five hundred to one thousand above (box), poker, obscene picture books and periodicals, five hundred to one thousand pairs (copies) above, obscene photos, pictures of two thousand five hundred to five thousand above;
(two) selling pornographic videos, software, video with five hundred to one thousand beds (box) above, obscene Yindie, tape one thousand to two thousand above (box), poker, obscene picture books and periodicals, one thousand to two thousand pairs (copies) above, obscene photos, pictures of five thousand to ten thousand above;
(three) to the others of obscene articles for more than one thousand to two thousand passengers, or organization broadcast obscenity shadow, like fifty to one hundred times more than;
(four) production, copying, publishing, selling or spreading obscene articles, made a profit of thirty thousand to fifty thousand yuan.
For the purpose of profit, the implementation of the provisions of the first paragraph of article 363rd of the criminal law act, its quantity (amount) amount to the provisions of the preceding paragraph (amount) of five times above, shall be deemed as the production, copying, publishing, selling or spreading obscene articles for profit "if the circumstances are especially serious crime".
Article ninth provides the ISBN, for others the issue, publishing obscene books, in accordance with the provisions of the second paragraph of article 363rd of the criminal law, think of others to provide ISBN convicted crime punishment obscene publication. Provide a version number for others, publishing pornographic audio-video products in accordance with the provisions of the preceding paragraph, the conviction and punishment. Knowing that others used to publish pornographic books and periodicals and provide number, serial number, in accordance with article 363rd of the criminal law the provisions of the first paragraph, with publishing obscene goods crime of profit.
Tenth dissemination of pornographic books and periodicals, movies to others, audio, pictures and other publications as three hundred to more than six hundred people or adverse social impact, which belongs to the "serious", in accordance with article 364th of the criminal law the provisions of the first paragraph, be convicted and punished for the crime of spreading obscene objects. Film, video and other organizations play obscene audio-video products up to fifteen to thirty times above or adverse social impact, in accordance with the provisions of the second paragraph of article 364th of the criminal law, play the conviction of pornographic audio-visual products to organization crime punishment.
Eleventh in violation of state regulations, illegal publications publishing, printing, copying, distribution of this article to explain the provisions of article tenth of the other serious harm to social order and disrupting the market order, the circumstances are serious, in accordance with article 225th of the criminal law article (three) the provisions of item, to be convicted for illegal punishment.
The implementation of the provisions of article eleventh of the act of explanation twelfth person, one of the following circumstances, belong to illegal business behavior "of a serious nature":
(a) business in the amount of fifty thousand yuan to one hundred thousand yuan;
(two) the amount of illegal income in twenty thousand yuan to thirty thousand yuan;
(three) operating five thousand newspapers or journals in five thousand book or two thousand books or audio and video products, electronic publications five hundred (box) above.
One of the following circumstances, belongs to the illegal business activities "if the circumstances are especially serious":
(a) business in the amount of one hundred and fifty thousand yuan to three hundred thousand yuan;
(two) the amount of illegal income in fifty thousand yuan to one hundred thousand yuan;
(three) operating fifteen thousand newspapers or journals in fifteen thousand book or five thousand books or audio and video products, electronic publications one thousand five hundred (box) above.
Thirteenth units to implement the provisions of article eleventh of the Interpretation Act, one of the following circumstances, belong to illegal business behavior "of a serious nature":
(a) business in the amount of one hundred and fifty thousand yuan to three hundred thousand yuan;
(two) the amount of illegal income in fifty thousand yuan to one hundred thousand yuan;
(three) operating fifteen thousand newspapers or journals in fifteen thousand book or five thousand books or audio and video products, electronic publications one thousand five hundred (box) above.
One of the following circumstances, belongs to the illegal business activities "if the circumstances are especially serious":
(a) business in the amount of five hundred thousand yuan to one million yuan;
(two) the amount of illegal income in one hundred and fifty thousand yuan to three hundred thousand yuan;
(three) operating fifty thousand newspapers or journals in fifty thousand book or fifteen thousand books or audio and video products, electronic publications five thousand (box) above.
Fourteenth the implementation of the provisions of article eleventh of the Interpretation Act, business amount, the amount of illegal income or operating quantity close to the illegal management behavior of "serious", "especially serious" amount, quantity standards, with any of the following circumstances, could be regarded as illegal acts "serious", "especially serious":
(a) two years publishing, printing, copying, distributing illegal publications received administrative punishment two times;
(two) for publishing, printing, copying, distributing illegal publications adverse social impact or other serious consequences.
Fifteenth illegal publications publishing, printing, copying, distribution business, seriously disrupted the market order, if the circumstances are especially serious, which constitutes a crime, in accordance with article 225th of the criminal law article (three) the provisions of item, to be convicted for illegal punishment.
Sixteenth publishing units and personnel before he conspires to sell, lease, transfer, or name of the publishing units in other forms, ISSN, ISBN code implementation of this interpretation, others second, fourth, eighth, ninth, tenth, eleventh provisions of the act, which constitutes a crime, the publication the unit shall be punished as an accomplice.
Seventeenth the interpretation of the alleged "business volume", refers to the illegal publications amount multiplied by the behavior of pricing people operating in the number of illegal publications income amount. Known as the "amount of illicit income" refers to the explanation, the amount of profit. No pricing or illegal publications to offshore currency pricing, the price should be in accordance with the actual amount of behavior sale price determination.
Eighteenth of the provinces, autonomous regions, municipalities directly under the central government, the higher people's court may according to the local conditions and social security situation in this interpretation, eighth, tenth, twelfth, thirteenth provisions of the relevant amount, quantity standard range, to determine the specific standard for the local execution, and report to the Supreme People's court filing.
