Legal E-mail: Should I be criminally liable for sending yellow messages?

Interpretation of some issues concerning the specific application of law in handling criminal cases of making, copying, publishing, selling and disseminating obscene electronic information by using the Internet, mobile communication terminals and voice stations. Judicial interpretation stipulates that for the purpose of making profits, mobile communication terminals (mobile phones) are used to send obscene short messages. If there are more than 200 cases, they can be convicted and sentenced in accordance with Article 363 1 of the Criminal Law. If the number of pieces sent exceeds twice the above standard, they can be convicted and sentenced in accordance with Article 364 1 of the Criminal Law.

Reference regulations:

Article 363 of the Criminal Law 1: Whoever makes, copies, publishes, sells or disseminates obscene articles for profit shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.

Conclusion: the criminal law stipulates that such a situation is legally liable.

Suggestion: This kind of case is extremely difficult to solve. To get the sender's information, we need the support of the communication company, and this cost will make the communication company profit, which can not be solved.

For a criminal suspect who has just sent a legal number of yellow short messages, the court can only make a verdict of innocence if it proves that one of the short messages was sent by someone else (even his spouse) by borrowing his mobile phone. Perhaps the witness issued perjury, and the controllable party has no way to rule out these perjury.