Legal knowledge in law lecture hall
Crime of forced prostitution Article 358 Whoever organizes or forces others to engage in prostitution shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined; Under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than 1 years or life imprisonment, and shall also be fined or confiscated: < P > (1) Organizing others to engage in prostitution, if the circumstances are serious; (2) forcing a young girl under the age of fourteen to engage in prostitution; (3) Forcing many people to engage in prostitution or forcing others to engage in prostitution for many times; (4) forcing others to engage in prostitution after rape; (5) Causing serious injury, death or other serious consequences to the person forced into prostitution. Under any of the circumstances listed in the preceding paragraph, if the circumstances are especially serious, he shall be sentenced to life imprisonment or death, and his property shall also be confiscated. Whoever assists in organizing others to engage in prostitution shall be sentenced to fixed-term imprisonment of not more than five years and fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined.
judicial interpretation:
the Supreme People's Court and the Supreme People's Procuratorate's "Answers to Issues Concerning the Implementation of the Decision of the NPC Standing Committee on Prohibiting Prostitution and Whoring" (Fa Fa [26] No.42). How to understand the provision of Article 2 (3) of the Decision that "whoever rapes others into prostitution shall be sentenced to five years' imprisonment or confiscation of property"? The question is: What does article 2(3) of the Decision mean about "forced prostitution after rape"?
The stipulation of "forced prostitution after rape" in Item (3) of Article 2 of the Decision means that rape is linked with forced prostitution, which is a statutory aggravating circumstance for the crime of forced prostitution. Therefore, as long as it constitutes the crime of forcing others to engage in prostitution. If there is no correlation between rape and forcing others to engage in prostitution, they should be convicted separately and punished for several crimes.
what are the "particularly serious circumstances" of organizing prostitution and forcing prostitution?
The "particularly serious circumstances" of the crime of organizing prostitution stipulated in the second paragraph of Article 1 of the Decision mainly means that the ringleaders of organizing prostitution have particularly serious circumstances, the means of organizing prostitution are particularly bad, the consequences of organizing prostitution are particularly serious for the victims, and organizing prostitution for many times is extremely harmful to society. The main contents are as follows: the circumstances of organizing prostitutes are particularly serious; The means of organizing prostitution is particularly bad; The consequences of organizing prostitutes are particularly serious; Organizing many people to engage in prostitution for many times is extremely harmful to society.
if the circumstances are particularly serious in the four situations listed in Article 2 of the Decision. In the specific implementation, it should not go beyond the scope of these four situations.
Abduction and trafficking of women and children:
The Interpretation clearly states that it is "stealing infants" as stipulated in the Criminal Law to make infants separated from guardians or caregivers by means of deception or inducement. Workers of medical institutions, social welfare institutions and other units sell children treated, cared for and raised to others for the purpose of making illegal profits, which constitutes crime of trafficking in children.
The Interpretation stipulates that anyone who, in the name of introducing marriage, illegally seizes identity documents or restricts personal freedom, or sells a woman to others against her will by taking advantage of her unfamiliar place, language barrier and withdrawn personality, shall be investigated for criminal responsibility for the crime of abducting and selling women. In the name of marriage introduction, whoever conspires with the introducing woman to defraud others of money, if the amount is relatively large, shall be investigated for criminal responsibility for fraud.
The Interpretation also clarifies the behavior that hinders the rescue of abducted children, and stipulates that when investigating or rescuing children of unknown origin, the staff of state organs hide, transfer or carry out other behaviors that hinder the rescue, and those who are persuaded and educated not to cooperate belong to the crime of obstructing the rescue of children as stipulated in the criminal law. "...
The four situations listed in Article 2 of the Decision are particularly serious. In the specific implementation, it should not go beyond the scope of these four situations.
* * * The same crime:
**** The relevant provisions of the same crime Article 25 * * * *, the same crime refers to the intentional crime of two or more people. Two or more people * * * *, not * * *, constitute the same negligent crime; Those who should bear criminal responsibility shall be punished according to the crimes committed.
Article 26 Whoever organizes or leads a criminal group to carry out criminal activities or plays a major role in the same crime is the principal offender. A criminal group is one in which three or more people form a relatively fixed criminal organization for committing crimes together. The principal offender who organizes and leads a criminal group shall be punished according to all the crimes committed by the criminal group. The principal offenders other than those specified in the third paragraph shall be punished according to all the crimes they participated in or organized or led.
Article 27 "Accessory" refers to a person who commits an offence in * * * *. An accessory shall be given a lighter, mitigated or exempted punishment.
Article 28 A person who is coerced to participate in a crime shall be given a lighter or mitigated punishment according to the circumstances of the crime.
Article 29 Whoever instigates others to commit a crime shall be punished according to his role in the crime of complicity. Whoever instigates a person under the age of 18 to commit a crime shall be given a heavier punishment. If the instigated person does not commit the instigated crime, the instigator may be given a lighter or mitigated punishment.