How is the crime of disseminating obscene cultural products handled?

Reply:

According to the provisions of Clause 4, Article 3, Decree 178/2004/ND-CP, "depraved" is the manifestation through actions, images, sounds, and lifestyles of debauchery, evil, and depravity to the point of being morally depraved, contrary to the nation's traditions and customs.

From that, it can be understood that disseminating obscene cultural products is the act of making, copying, transporting, circulating, buying, selling, storing, in order to disseminate books, newspapers, paintings, photos, films, music or other items with pornographic, unhealthy content, contrary to lifestyle, morality, and good customs.

The act of disseminating obscene cultural products seriously affects public order and society, causes moral deviation in a segment of the audience, and violates the fine customs of Vietnamese culture. This is also an act strictly prohibited by law, therefore, anyone who commits this act will be strictly punished according to regulations.

Specifically, Article 326 of the Penal Code stipulates the crime of disseminating obscene cultural products as follows:

1. Anyone who makes, copies, circulates, transports, sells, or stores for the purpose of disseminating books, newspapers, paintings, photos, films, music, or other items with obscene or pornographic content, or otherwise disseminates obscene items in one of the following cases, shall be subject to a fine of VND 10,000,000 to VND 100,000,000, non-custodial reform for up to 03 years, or imprisonment from 06 months to 03 years:

a) Digitized data with a capacity from 01 gigabyte (GB) to less than 05 gigabytes (GB);

b) Photos have a quantity from 100 to less than 200 photos;

c) Printed books, printed newspapers or other items with a quantity from 50 units to less than 100 units;

d) Disseminate to 10 to 20 people;

d) Having been administratively sanctioned for one of the acts specified in this Article or having been convicted of this crime, not having had the criminal record expunged, and still committing the violation.

2. Committing a crime in one of the following cases shall be punishable by imprisonment from 03 years to 10 years:

a) Organized;

b) Digitized data with a capacity from 05 gigabytes (GB) to less than 10 gigabytes (GB);

c) Photos have a quantity from 200 to less than 500 photos;

d) Printed books, printed newspapers or other items with quantity from 100 units to less than 200 units;

d) Dissemination to 21 to 100 people;

e) Dissemination to persons under 18 years of age;

g) Using the internet, computer networks, telecommunications networks or electronic means to commit crimes;

h) Dangerous recidivism.

3. Committing a crime in one of the following cases shall be punishable by imprisonment from 07 to 15 years:

a) Digitized data with a capacity of 10 gigabytes (GB) or more;

b) Photos have 500 or more photos;

c) Printed books, printed newspapers or other items with a quantity of 200 units or more;

d) Disseminate to 101 or more people.

4. The offender may also be fined from VND 5,000,000 to VND 30,000,000 and banned from practicing a profession or doing certain jobs from 01 to 05 years.

Thus, for the crime of disseminating obscene cultural products, the maximum prison sentence is up to 15 years.