I. Crime of inciting secession/subversion of state power
Whoever knowingly publishes, prints, reproduces, distributes or disseminates publications that incite secession, undermine national unity and subvert state power and the socialist system shall be convicted and punished in accordance with the relevant provisions of the Criminal Law on the crime of inciting secession and subversion of state power.
Second, the crime of copyright infringement.
For the purpose of making profits, anyone who commits any of the following cases of copyright infringement, with a relatively large amount of illegal income or other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also, or shall only, be fined; If the amount of illegal income is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined:
(1) Reproduction and distribution of written works, music, movies, television and video works, computer software and other works without the permission of the copyright owner; Among them, "reproduction and distribution" includes reproduction, distribution or both.
(2) Publishing books with exclusive publishing rights enjoyed by others;
(3) Reproduction and distribution of audio and video products made by the producer without the permission of the producer;
(4) producing or selling works of art with forged signatures of others.
Specifically, if one of the above acts is carried out, the amount of illegal income of individuals is more than 50,000 yuan, and the amount of illegal income of units is more than 200,000 yuan, which belongs to "a large amount of illegal income"; In any of the following circumstances, it belongs to "other serious circumstances":
(1) Having been investigated for administrative responsibility or civil responsibility for copyright infringement for more than two times, and having committed one of the acts of copyright infringement listed in Article 217th of the Criminal Law within two years;
(two) the amount of illegal business operations of individuals is more than two hundred thousand yuan, and the amount of illegal business operations of units is more than one million yuan;
(3) Causing other serious consequences.
For the purpose of making profits, if one of the above acts is carried out, the amount of illegal income of an individual is more than 200,000 yuan, and the amount of illegal income of a unit is more than 1 million yuan, which is a "huge amount of illegal income"; In any of the following circumstances, it belongs to "other particularly serious circumstances":
(a) the amount of illegal business operations of individuals is more than one million yuan, and the amount of illegal business operations of units is more than five million yuan;
(2) Causing other particularly serious consequences.
Third, the crime of selling infringing copies.
Whoever, for the purpose of making profits, sells copies that he knows are infringing in violation of regulations, and the amount of illegal income of an individual is more than 100,000 yuan, and the amount of illegal income of a unit is more than 500,000 yuan, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined.
It should be noted that those who commit acts that can constitute the crime of copyright infringement and sell infringing copies, and the amount of illegal income is huge, will only be convicted of copyright infringement, and will not be punished for several crimes; However, if an act that can constitute a crime of copyright infringement is committed and it is sold knowing that it is an infringing copy of others, which constitutes a crime, it shall be punished for several crimes.
Four. Insult/slander
Whoever publicly insults others in publications or fabricates facts to slander others, if the circumstances are serious, shall be convicted and punished for the crime of insult and libel respectively in accordance with relevant regulations.
Verb (abbreviation of verb) Crime of publishing works that discriminate against or insult ethnic minorities.
If the circumstances of publishing works that discriminate against or insult ethnic minorities are vile, resulting in serious consequences, the person directly responsible shall be convicted of publishing works that discriminate against or insult ethnic minorities in accordance with the relevant provisions of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
6. Crime of making, copying, publishing, selling and disseminating obscene articles for profit
For the purpose of making profits, whoever, under any of the following circumstances, makes, copies, publishes, sells or disseminates obscene articles for the purpose of making profits shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined:
(1) Making, copying and publishing 50 to 100 obscene DVDs, software and videos, 0 to 200 obscene DVDs and tapes 100 or more, 0 to 200 obscene poker, books and periodicals, picture books 100 or more, and 500 to/kloc obscene photos and pictures.
(2) Selling more than 0/00 to 200 obscene DVDs, software and videos, more than 200 to 400 obscene DVDs and tapes, more than 200 to 400 obscene poker, books and periodicals and picture books, and more than 0/000 to 2,000 obscene photos and pictures;
(3) Disseminating obscene articles to others for more than 200 times and less than 500 times, or organizing the broadcast of obscene movies and images for more than 10 times and more than 20 times;
(4) Making, reproducing, publishing, selling or disseminating obscene articles, and making a profit of not less than 5,000 yuan but not more than 10,000 yuan.
The following acts are "serious" and will be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and fined:
(1) Making, copying and publishing more than 250 to 500 obscene DVDs, software and videos, 500 to 1000 obscene DVDs and tapes, 500 to 1000 obscene poker, books and periodicals and picture books, and 2,500 to 5,000 obscene photos and pictures;
(2) Selling more than 500 obscene DVDs, software and videos to 1000, and more than 5,000 obscene photos and pictures to 10000;
(3) Spreading obscene articles to others 1000 to 2,000 times or more, or organizing to play obscene movies and images 50 to 100 times or more;
(4) Making, reproducing, publishing, selling or disseminating obscene articles, and making a profit of not less than 30,000 yuan but not more than 50,000 yuan.
Whoever makes, copies, publishes, sells or disseminates obscene articles for profit, and the amount (amount) reaches more than five times the above amount (amount), shall be deemed as "especially serious" and shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.
Seven, provide ISBN for others to publish obscene books and periodicals.
Whoever provides others with book numbers and serial numbers and publishes obscene books and periodicals shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also or only be fined.
Anyone who provides a version number to others and publishes obscene audio-visual products shall also be convicted and punished in accordance with the above provisions.
It should be noted that those who knowingly publish obscene books and periodicals and provide book numbers and serial numbers will be convicted and punished for publishing obscene articles for profit in accordance with relevant regulations.
Eight, the crime of spreading obscene articles
Disseminating obscene books, periodicals, movies, audio-visual and other publications to others for more than 300 times to 600 times or causing adverse social impact shall be deemed as "serious circumstances". In accordance with the relevant provisions of the Criminal Law, he was convicted of spreading obscene articles and was sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance.
Nine, the crime of organizing the broadcast of obscene audio-visual products
Whoever organizes to broadcast obscene movies, videos and other audio-visual products 15 to 30 times or causes adverse social impact shall be convicted and punished for organizing to broadcast obscene audio-visual products in accordance with the relevant provisions of the Criminal Law.
X. Crime of illegal business operation
Whoever, in violation of state regulations, publishes, prints, copies or distributes other illegal publications that seriously endanger social order and disrupt market order except the above provisions, if the circumstances are serious, shall be convicted of illegal business operation in accordance with the relevant provisions of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than one time but not more than five times the illegal income; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times his illegal income or his property shall be confiscated.
For an individual, it is illegal to operate in any of the following circumstances: [page]
(1) The business amount is between 50,000 yuan and100,000 yuan;
(two) the amount of illegal income is more than twenty thousand yuan to thirty thousand yuan;
(three) operating 5000 newspapers or 5000 periodicals or 2000 books or more than 500 kinds of audio-visual products and electronic publications.
In any of the following circumstances, it is an illegal business operation with "particularly serious circumstances":
(a) the business amount is more than one hundred and fifty thousand yuan to three hundred thousand yuan;
(two) the amount of illegal income is more than fifty thousand yuan to one hundred thousand yuan;
(3) dealing in newspapers, periodicals 15000 or books, audio-visual products and electronic publications 1500 or more.
For the unit, one of the following circumstances is an illegal business operation with "serious circumstances":
(a) the business amount is more than one hundred and fifty thousand yuan to three hundred thousand yuan;
(two) the amount of illegal income is more than fifty thousand yuan to one hundred thousand yuan;
(3) Operating newspapers 1 1000, periodicals 15000, 5,000 books, audio-visual products and electronic publications 1500 or more.
In any of the following circumstances, it is an illegal business operation with "particularly serious circumstances":
(1) The business amount is between 500,000 yuan and 1 million yuan;
(two) the amount of illegal income is more than one hundred and fifty thousand yuan to three hundred thousand yuan;
(3) Operating 50,000 newspapers, 50,000 periodicals, 0.5 million books, 5,000 audio-visual products or electronic publications.
In addition, those who illegally engage in publication, printing, reproduction and distribution activities, seriously disrupting the market order, and the circumstances are particularly serious, which constitutes a crime, can also be convicted and punished for the crime of illegal business operation in accordance with the relevant provisions of the Criminal Law.
Note: The above-mentioned "business amount" refers to the amount obtained by multiplying the pricing amount of illegal publications by the number of illegal publications operated by the actor; "The amount of illegal income" refers to the amount of profit. If an illegal publication is not priced or priced in foreign currency, its unit price shall be determined according to the price actually sold by the actor.