First, can the first offender assist in sales _ be sentenced to probation?
1. Whether a first-time offender can be sentenced to probation or not needs to be determined according to the harm caused by the criminal's behavior to society or others. Specifically:
(1) If the first offender is sentenced to fixed-term imprisonment of not more than three years, shows remorse, and there is no danger of recidivism, and the probation has no significant adverse impact on the community where he lives, he may be sentenced to probation;
(2) If the first offender is sentenced to fixed-term imprisonment of more than three years, he shall not be sentenced to probation.
2. Legal basis: Article 358 of the Criminal Law of People's Republic of China (PRC).
Crime of organizing prostitution Crime of forcing prostitution 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 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.
Crime of assisting in organizing prostitution: whoever recruits or transports people for organizing prostitutes or 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.
2. What are the constitutive elements of the crime of assisting in organizing prostitution?
1, object element. The object of the crime of assisting in organizing prostitution is the order of social security management. The crime of organizing prostitution is a serious crime. Although assisting in organizing prostitution is not organizing prostitution of others, it plays an important role in organizing prostitution of others. In particular, some facilitators behaved badly, and the consequences were particularly serious. Therefore, punishing the behavior of assisting others in organizing prostitution is conducive to deterring such criminals and maintaining social order;
2. objective factors. The crime of assisting in organizing prostitution is objectively manifested as the criminal act of assisting in organizing prostitution activities of others. First of all, the perpetrator is assisting others to commit the crime of organizing prostitution. The people who are helped are criminals. If the behavior of the person being helped does not constitute a crime, the person providing help should not constitute a crime. The act of assistance is subordinate to the act of crime; At the same time, the perpetrator assisted others to commit the crime of organizing prostitution. If the perpetrator helps others to commit other crimes, it does not constitute the crime of assisting in organizing prostitution, but it may constitute the perpetrator of other crimes;
3. Main elements. The subject of the crime of assisting in organizing prostitution is the general subject, that is, any natural person who has reached the age of criminal responsibility and has criminal responsibility ability can constitute the crime of assisting in organizing prostitution, which can be one person or many people;
4. Subjective factors. Subjectively, the crime of assisting in organizing prostitution shows the intention of assisting in organizing others to engage in prostitution. That is, the actor knows that he is engaged in criminal activities to help organize others to engage in prostitution, but he provides help to organize others to engage in prostitution, creates conditions, hopes or allows harmful results to occur. How does motivation not affect the constitution of the crime of assisting in organizing prostitution?
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: People's Republic of China (PRC) Criminal Law.
Article 359 The crime of luring, sheltering or introducing prostitution refers to the act of luring others into prostitution with money, material or other benefits, or providing a place for others to engage in prostitution, or matchmaking for clients. Whoever lures, shelters or introduces others to 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.
Article 361 Personnel of hotels, catering services, cultural and entertainment industries, taxi industry 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 principal responsible person of the unit listed in the preceding paragraph who commits the crime mentioned in the preceding paragraph shall be given a heavier punishment.