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Should I be criminally responsible for sending yellow things to others?
It is a crime to spread obscene articles on the Internet. Even if there is no profit, if the circumstances are serious, it also constitutes the crime of illegally spreading obscene articles. If there is profit, it constitutes the crime of spreading obscene articles for profit.
In short, it is a crime.
1. What evidence is needed for criminal detention on suspicion of prostitution?
1. After entering the room, the investigators searched and seized the used condoms and outer packaging. Experienced prostitutes will flush the used condoms into the toilet, but the outer packaging won't flush, so they need to find them themselves, either in the trash can or in the prostitute's pocket. Also check other items, such as whether there are sex drugs, tools, drugs and so on.
2. Search and detain business cards soliciting small advertisements. Generally, it is mostly a small advertisement on the ground, or it may be a telephone billboard for massage service and health care service placed on the bedside, or it may be a way for prostitutes to call the room directly (you need to check the telephone records of the room).
3. Take the hotel surveillance video to find out whether the prostitute is accompanied by others (investigate the situation behind the scenes of prostitution gangs), capture the image of the small card issuer, and use it when interrogating the prostitute.
4. Extract oral evidence from the front desk staff and manager of the hotel. (Confirm the problems found in the day's entry and exit and daily management, and investigate whether the hotel as the venue provider knows. Some hotels will charge a certain fee to those who issue small cards, and hotels may be suspected of hosting prostitution.
5. Detain the communication tools such as the mobile phone of the party concerned. If it is a small card on the ground, then there is a call record of calling the card. Follow the phone content in the card and investigate the organization behind the arrangement of prostitution in combination with the verbal evidence of prostitutes.
Legal basis:
Article 68 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment, whoever makes, transports, copies, sells or rents obscene books, periodicals, pictures, films, audio-visual products and other obscene articles or uses computer information networks, telephones and other communication tools to disseminate obscene information, shall be detained for more than 10 days and less than 15 days, and may also be fined less than 3,000 yuan; If the circumstances are minor, they shall be detained for not more than five days or fined not more than five hundred yuan.
Criminal law of the people's Republic of China
Article 364 Whoever disseminates obscene books, periodicals, movies, audio-visual recordings, pictures or other obscene articles, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance. Whoever disseminates obscene articles to minors under the age of 18 shall be given a heavier punishment.
Article 42 of the People's Republic of China (PRC) Public Security Administration Punishment Law shall be detained for less than five days or fined less than five hundred yuan for any of the following acts; If the circumstances are serious, they shall be detained for more than five days and less than ten days, and may be fined up to five hundred yuan:
(1) writing threatening letters or threatening the personal safety of others by other means.
(2) publicly insulting others or fabricating facts to slander others.
(3) fabricating facts, falsely accusing and framing others, and attempting to subject others to criminal investigation or public security administration punishment.
(4) Threatening, insulting, beating or retaliating against witnesses and their close relatives;
(5) sending obscene, insulting, intimidating or other information for many times to interfere with the normal life of others;
(six) voyeurism, sneak shots, eavesdropping, spreading the privacy of others.
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