legal ground
Selling _ will be sentenced.
Article 361 of the Criminal Law of People's Republic of China (PRC) stipulates the handling of organizing, forcing, luring, sheltering and introducing prostitution to personnel in specific units. It stipulates that employees of hotels, catering services, cultural and entertainment industries, taxi companies and other units who use the conditions of their own units to organize, force, seduce, shelter or introduce others to prostitution shall be convicted and punished in accordance with the provisions of Articles 358 and 359 of this Law. The main person in charge of the unit listed in the preceding paragraph who commits the crime mentioned in the preceding paragraph shall be given a heavier punishment.
Article 358 Crime of organizing prostitution; Crime of forced prostitution; Whoever assists in organizing prostitution organizations and 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; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.
Whoever organizes or forces minors to engage in prostitution shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.
Whoever commits the crimes mentioned in the preceding two paragraphs and commits crimes such as murder, wounding, rape and kidnapping shall be punished in accordance with the provisions on combined punishment for several crimes.
Whoever recruits or transports people or assists others in organizing prostitution for the purpose of organizing 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.
Article 359 Crime of luring, sheltering or introducing prostitution; Crime of luring young girls into prostitution Whoever lures, shelters or introduces others into prostitution shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or control, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and fined.
Whoever lures a young girl under the age of 14 into prostitution shall be sentenced to fixed-term imprisonment of not less than five years and fined.
Second, the constitutive elements of the crime of organizing prostitution
1, object element
The objects of infringement are social security management order, the personal rights of others and social morality. Prostitution and whoring is an ugly phenomenon left over from the old society and has always been prohibited by law. The criminal act of organizing others to engage in prostitution is more harmful to society than ordinary criminal acts, which directly promotes the spread of prostitution and whoring activities, seriously damages or threatens people's physical and mental health, corrupts social atmosphere, seriously undermines the construction of socialist spiritual civilization and endangers the order of social security management. The criminal object of organizing prostitution is "others", not one person, but many people.
2. Objective factors
This crime is objectively manifested as the actor organizing, planning and directing others to engage in prostitution.
Organization refers to the act of initiating and establishing prostitution groups or dens, centrally controlling scattered prostitution, and playing an organizational role in it. For example, scattered prostitutes are combined in series into a relatively fixed prostitution group, and organizations such as cafes, dance halls, restaurants, hotels and taxis are turned into places for prostitution or disguised prostitution. , are relatively common organization prostitution.
Planning refers to the act of planning and making plans for organizing prostitution. Such as making plans to organize prostitution groups, drawing up specific plans, looking for prostitutes, choosing time and place for establishing prostitution dens, designing camouflage scenes, etc. Planning behavior is an important staff decision-making behavior of organized crime, which plays an important role in completing specific crimes, so it is an important generalized organizational behavior.
Command means that the actor plays a leading and commanding role in organizing others' prostitution activities, such as actually directing, instigating and scheduling the specific implementation of prostitution activities. Command is the act of directly implementing the planning scheme and the organizer's intention, which often plays a direct and decisive role in organizing prostitution.
The above three acts of organizing, planning and directing are all organized prostitution, which is obviously organized. As long as the perpetrator has one or more of them, it can be considered as organizing prostitution.
The specific means of organizing others to engage in prostitution are mainly recruitment, employment, coercion, inducement and shelter.
Prostitution refers to the act of recruiting or recruiting voluntary prostitutes to join prostitution groups or other prostitution organizations for prostitution. Employment refers to hiring voluntary prostitutes to participate in prostitution groups or other organized prostitution activities on the condition of capital contribution. Coercion refers to the use of violence, coercion or other means to force or force people who do not want to engage in prostitution or join prostitution organizations to join prostitution groups and other prostitution organizations, and force people who do not want to engage in organized prostitution to engage in prostitution. Seduction refers to luring others to join prostitution groups or other prostitution organizations or other organized prostitution activities with money, property and sex as bait. Accommodation refers to sheltering and accommodating people who voluntarily engage in prostitution to join prostitution groups or other prostitution organizations, or to participate in organized prostitution activities.
The above five specific means can be used alternately at the same time, or only one or more of them can be used, which does not affect the establishment of this crime.
3. Main elements
The subject of this crime is the general subject, that is, any natural person who has reached the age of criminal responsibility can constitute this crime. But what constitutes this crime must be the organizer of prostitution, which is commonly known as "pimp" and "wozhu". The organizers of prostitution can be individuals or gangs. Whether you are an organizer or not depends on whether you play the role of an organizer in prostitution. Some organized prostitutes, while actively participating in organizing others to engage in prostitution, should be punished as * * * organizing prostitution.
4. Subjective factors
Subjectively, this crime is manifested as "organizational intention" to organize others to engage in prostitution, that is, the actor knows that he is organizing others to engage in prostitution, knows that such organizational behavior will cause harmful results to society, and hopes or allows such results to happen.