[Case Summary]This case is a criminal defense case for the crime of disseminating obscene materials. Between 2024 and 2025, Zhang * uploaded 49 pornographic videos to a certain website. On December 9, 2025, he was criminally detained by the Haidian Branch of the Beijing Municipal Public Security Bureau on suspicion of the crime of disseminating obscene materials. His family immediately entrusted the Beijing Henglu Law Firm to handle the case for him.Lu XiaoxueThe lawyer intervened and successfully obtained bail during the investigation stage. During the review and prosecution stage, the lawyer argued from multiple perspectives, and the procuratorate made a decision not to prosecute in accordance with the law. The core controversy is whether the circumstances of the act are significantly minor and whether they meet the conditions for non-prosecution. Applicable legal provisions: Article 364, paragraph 1, Article 37, and Article 67, paragraph 3 of the Criminal Law; Article 15, and Article 177, paragraph 2 of the Criminal Procedure Law.

I. Review of the case

"Will I go to jail for spreading obscene materials?", "Can I be granted bail if I'm detained for uploading videos?", and "Can I avoid prosecution if the circumstances are minor?" are the most pressing concerns of the families of the involved individuals. The online world is not a lawless zone. Spreading obscene materials, whether for profit or not, may violate criminal law. In 2024, Zhang * uploaded 49 pornographic videos to a certain website, all of which were identified as obscene materials after appraisal.

On December 9, 2025, Zhang * was criminally detained by the Haidian Branch of the Beijing Municipal Public Security Bureau on suspicion of spreading obscene materials and was detained in the Haidian Detention Center. After the incident, Zhang *'s family immediately appointed a lawyer to represent him.Lu XiaoxueThe lawyer got involved. The lawyer quickly got to work and submitted a bail application to the public security organ during the investigation stage, successfully securing bail for Zhang*. In January 2026, the case was transferred to the Haidian District People's Procuratorate for review and prosecution. The lawyer comprehensively reviewed the case and refined the defense points, ultimately persuading the procuratorate to make a decision not to prosecute at the review and prosecution stage.

II. The focus of the case

  • Focus 1: Whether the behavioral circumstances are significantly minor.The uploaded video is for personal collection and viewing, without any profit-making purpose, with a limited scope of dissemination, and minimal social harm. Does it meet the criterion of "not requiring a criminal sentence"?
  • Focus 2: Whether the statutory mitigating circumstances are sufficient.Can factors such as truthful confessions, admitting guilt and accepting punishment, and being a first-time or occasional offender support the decision not to prosecute?
  • Focus 3: Is the decision not to prosecute in line with the spirit of criminal policy?The handling under the principle of combining leniency with severity and integrating education with punishment.

III. Professional intervention by Hengluo Lawyers

The position of the prosecution (the case-handling organ):The investigation organ detained Zhang * on suspicion of spreading obscene materials and submitted the case for review, focusing on the number of videos, the form of their dissemination, and the harm they caused to society.

Hengluo Lawyer's Defense Opinion:Lu XiaoxueThe lawyer intervened in the entire process from investigation to review and prosecution, forming a systematic defense: - **During the investigation stage**: Accurately assessed the case and successfully obtained bail by pointing out that the circumstances of the act were significantly minor (the uploaded videos were for personal collection and viewing, with no profit-making intent, short video duration, low account popularity, extremely limited dissemination scope, and minimal social harm); the subjective malice was low (first-time or occasional offender, truthfully confessed and cooperated with the investigation, sincerely admitted guilt and repented); and there was no social danger (with a fixed residence and stable contacts, and meeting the conditions for bail). - **During the review and prosecution stage**: Multiple arguments were made to promote non-prosecution. Firstly, the act was minor, meeting the requirements of Article 37 of the Criminal Law that "no criminal punishment is necessary". Although there were 49 videos, their dissemination was limited and did not cause substantial social impact. There was no profit-making, no malicious means, and no minors involved. Secondly, the statutory mitigating factors were fully applied: truthfully confessing constituted a confession (Article 67 Paragraph 3 of the Criminal Law); admitting guilt and accepting the punishment in accordance with Article 15 of the Criminal Procedure Law; and the first-time or occasional offender had low personal danger. Thirdly, non-prosecution complied with the criminal policy of combining leniency with severity, which was conducive to their reintegration into society and avoiding lifelong stigmatization.

IV. Outcome of the case

The procuratorate reviewed and concluded that Zhang * committed the acts stipulated in Article 364, Paragraph 1 of the Criminal Law, but the crime was minor in nature. He truthfully confessed his crime, pleaded guilty and accepted the punishment, and the relevant videos were not obtained through improper means. The crime was relatively minor, and according to Article 37 and Paragraph 3 of Article 67 of the Criminal Law, no criminal punishment was necessary. In accordance with Article 15 and Paragraph 2 of Article 177 of the Criminal Procedure Law, it was decided not to prosecute Zhang *. At this point, the best judicial outcome of the case was achieved, and Zhang * did not need to bear criminal responsibility.

5. Henglu Law Firm's Reminder

The handling of criminal cases typically includes the investigation, review and prosecution, and trial stages. If a relative is involved in a criminal case, it is recommended to engage a professional criminal defense lawyer as soon as possible to ensure timely meetings, review of case files, investigation and evidence collection to secure a favorable outcome. In this case,Lu XiaoxueThe lawyer (practice license number: 11101202311685747, subject to the documents issued by the judicial administrative organ) served as the defense attorney, relying on Article 364 of the Criminal Law and the leniency system of admitting guilt and accepting punishment, and secured a non-prosecution decision for the client. A friendly reminder: Once involved in a case, you should seek professional legal help as soon as possible to strive for the best possible outcome.

VI. Common Questions about Criminal Defense Cases - FAQ

  1. Q: Will I be sent to prison for the crime of disseminating obscene materials?
    A: According to Article 364 of the Criminal Law, anyone who disseminates obscene materials under serious circumstances shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention, or control; however, if the circumstances are minor, they may be exempted from prosecution and not necessarily sentenced to imprisonment.
  2. Q: If I am detained for criminal prosecution after uploading a video, can I be granted bail?
    A: If the circumstances of the act are relatively minor, pose no social danger, and the person involved has a fixed residence, the lawyer can apply for bail during the investigation stage, and there's a good chance of success.
  3. Q: Can I get a non-prosecution if the crime is relatively minor?
    A: Yes. If the defendant truthfully confesses, admits guilt and accepts the punishment, is a first-time or occasional offender, the scope of dissemination is limited, and there is no profit-making or malicious means involved, it can be demonstrated that he/she meets the requirements of Article 37 of the Criminal Law and may seek a relative non-prosecution.
  4. Q: Does not being prosecuted mean that one hasn't committed a crime?
    A: Not being prosecuted means that no criminal charges will be brought against you, no punishment will be imposed, and no criminal record will be left. However, this decision is based on the "minor nature of the crime" according to the law, and it does not mean that you are innocent.
  5. Q: At what stage is it most appropriate to hire a criminal defense lawyer?
    A: The earlier in the investigation stage, the better. Lawyers can meet with the client in time, submit bail applications and legal opinions, and lay the foundation for subsequent non-prosecution or lenient sentencing.