Lawyer

"Whether the above two types of online chatting behaviors can be convicted and punished as the crime of disseminating obscene materials, we must first examine whether such behaviors are obscene, and secondly require that they conform to the characteristics of "dissemination".

For the determination of the obscenity of online chatting behavior, you can refer to the provisions of Article 1988 of the "Interim Provisions on the Identification of Obscene Sexual Objects" promulgated by the State Press and Publication Administration in [-].

The obscene situations stipulated in this article include: 1. Describing X behavior, intercourse and its psychological feelings in obscenity, which is basically the case of Xiao Huangwen...

Internet chatting is an act of showing one's body to specific or unspecified others through online chat rooms and cameras, and the information conveyed to the audience is obviously strongly obscene.

You all agree with this, right? "Meng Guangda looked at Zhou Ying and the two of them.

Both of them nodded, approving Meng Guangda's opinion.Zhou Ying felt that this was the case.

Meng Guangda took a sip of his tea and continued: "Secondly, the crime of disseminating obscene materials also requires the crime to conform to the characteristics of 'dissemination', and the widespread dissemination of obscene information will affect the public's feelings towards X, which is a serious social hazard.

The so-called "dissemination" generally refers to dissemination or making it available to others; that is to say, the dissemination must have a certain range of openness, or it must be accessible or used by an unspecified majority of people.

It can be seen that online chatting cannot be regarded as a communication behavior.

Among them, the most prominent feature of "peer-to-peer" L chats is privacy. L chats are conducted secretly between the two parties and will not affect the public's feelings about sex. This kind of behavior does not meet the requirements of the crime of disseminating obscene materials Therefore, this kind of chat that usually occurs between husband and wife, couples, or strangers to fill the spiritual emptiness should rely on moral constraints and should not use criminal law adjustments.

On the contrary, the "point-to-face" type of L chat makes various human X behaviors public, violates human X shame, and seriously violates the kindness and sexual morality in social customs.

With the popularization of the Internet, many criminals use this L chatting method to set up hosts in Internet video chat rooms, recruit members, organize obscene performances on the Internet, spread obscene pornographic information, make illegal profits, and induce other crimes, which has serious consequences. social hazards. "

"Brother Da, according to your statement, point-to-point does not constitute a crime, only point-to-face constitutes a crime?" Zhou Ying frowned.

"Not necessarily. If you chat peer-to-peer and then charge fees, even if it does not constitute the crime of distributing obscene materials for profit, it may constitute other crimes, depending on the specific circumstances of the case." Meng Guangda explained.

"But even so, there are no items! If you are convicted of distributing obscene items for profit, what is the 'item' in this case?" Zhou Ying's brain was a little overwhelmed for a while.

"That's the third point I'm going to explain next.

It is an indisputable fact that laws lag behind social development.With the development of the times, for the determination of "obscenity", we should adhere to the development point of view and reasonably expand the extension of the word.

In the "Criminal Law" of 1979, "obscene articles" are limited to Y books and Y paintings. These two types of items can be visually identified by the naked eye, whether they are the book as the carrier or the obscene information attached to it. .

The "Decision on Punishment of Criminals Smuggling, Producing, Selling, and Spreading Obscene Materials" passed by the National Senior Officials' Meeting in 1990 included obscene films, video tapes, and audio tapes into "obscene materials" and was absorbed by the 1997 "Criminal Law" .

The "Decision on Maintaining Internet Security" passed by the National Senior Officials' Meeting in December 2000 stipulates that establishing obscene websites and webpages on the Internet, providing link services to obscene websites, or disseminating obscene books, films, audio-visual images, and pictures are all obscene articles crime.

In 2004, the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Legal Issues Concerning the Application of the Law in Criminal Cases Using the Internet, Mobile Communication Terminals, and Voice Channels to Produce, Duplicate, Publish, Sell, and Disseminate Obscene Electronic Information The extension of the law is expanded to include obscene video files, audio files, electronic publications, pictures, articles, short messages, etc. that specifically depict sexual behavior or explicitly promote sex, such as Internet, mobile communication terminal electronic information, and audio station voice information.

In February 2010, the Supreme People's Court and the Supreme People's Procuratorate promulgated the "Interpretation of Several Legal Issues Concerning the Application of Laws in Criminal Cases Using the Internet, Mobile Communication Terminals, and Voice Channels to Produce, Duplicate, Publish, Sell, and Disseminate Obscene Electronic Information (II)" ", focusing on cutting off the profit chain of obscene electronic information crimes.

The above-mentioned documents and judicial interpretations adhere to the development point of view on the definition of "obscene articles".

Determined by the technical characteristics of online video chat, video information often exists in the form of dynamic video streams, rather than attached to static file carriers.

The requirements of the above-mentioned documents on the carrier of obscene information have made it difficult to effectively deal with the harm caused by such electronic obscene information.

Therefore, I think that for the crime of obscenity, the obscenity of the information should be the focus, and it does not matter whether the information is attached to what carrier or not.Internet chats fully possess the basic attributes of obscene materials, and can become the criminal object of disseminating obscene materials. "Meng Guangda explained.

"Brother Da, you know a lot!" Zhou Ying said with a smile, her tone was a little teasing.The way she looked at Meng Guangda was very meaningful.

"Don't think about it!" Meng Guangda pretended to be angry: "If you look at me like that again, don't come to me when you encounter problems in the future."

Zhou Ying laughed and said, "Brother Da, have you handled similar cases before?"

"I haven't really handled this kind of case, but I have seen related cases. You can check the 'Domestic L chat crime No.1'. After that case was sentenced, several similar cases appeared one after another. This The case is very similar to those cases, so we can learn from it.

Although we are not a precedent country, judges will always learn from cases of the same type, especially the cases issued by the Supreme Court. "Meng Guangda said seriously.

"Well, I'll go back and look for it. Let's go, it's already 12:30, and I'll treat you at noon." Zhou Ying packed up the file, got up and said.

……

The next morning, in the meeting room.Jiang Chunzhi came to Sidley Law Firm accompanied by her mother.

Zhou Ying looked at Jiang Chunzhi who was released on bail and said, "I've said everything I need to say. This is my lawsuit plan."

"Lawyer Zhou, is there no other way?" Jiang Chunzhi's eyes were a little dim, her hair was a little disheveled, and there was no expression on her face, but even so, it couldn't hide her handsome face.