Dear presiding judge and people's assessor: I am entrusted by the family of the defendant Shi Moumou in this case and appointed by Guangdong Shen Peng Law Firm to act as the defender of the case that the defendant Shi Moumou is suspected of assisting in organizing prostitution, and to defend him in court. Before appearing in court, the defender carefully read all the files transferred by the public prosecution to the people's court, met with the defendant Shi Moumou, and participated in today's court investigation. This defender has a clear understanding of the facts and circumstances of this case. According to the facts ascertained in this case and relevant laws, the following defense opinions are put forward for consideration by the collegial panel. (1) This defender agrees with the defense opinions of the defense lawyers of the first and second defendants in this case, that is, the whole case should be convicted of assisting in organizing prostitution. The reasons are as follows: 1. The existing evidence in this case shows that the technicians and waiters in this case denied that the unit (sauna center of Guangzhou Yinhe Hotel) or the unit was not clear about the existence of prostitution and whoring, and prostitution and whoring were only identified by the parties, which belonged to one-on-one evidence in evidence law. According to the provisions of the evidence law, it cannot be directly accepted and recognized. 2. The existing evidence and court investigation in this case confirmed that the prostitution technicians in this case were directly responsible for the recruitment, employment, training and management of the supervisor and boss Peng _, and all four defendants assisted the boss in indirect management according to the system of the unit and the requirements of the boss. 3. The existing evidence in this case can only indirectly prove that the unit has engaged in prostitution and whoring. There is no direct evidence to prove that the first and second defendants are suspected of planning and organizing prostitution and whoring, so they can't determine their planning and organization according to their positions, so they should speak with evidence. 4. According to technician Hu _ Yun, the person in charge of the sauna center said that he could not have sex with the guests; According to guest Liao Xing, the receptionist didn't provide or imply "special service". These show that the defendant has no intention to organize prostitution subjectively, but also has the purpose of prohibiting prostitution objectively. At best, the defendant is laissez-faire, lacking supervision, rather than actively pursuing, actively planning, organizing and implementing the prostitution activities of his unit. 5. The existing evidence and court investigation in this case confirm that the unit's finance is directly managed and controlled by the boss, and the business income is directly controlled by the boss. The four defendants did not benefit from it and had no objective economic motivation to organize prostitution. 6. The existing evidence in this case proves that the four defendants are all migrant workers with different positions and are under the management and control of their bosses. Even if they assist in prostitution, it is a direct request or instruction from the boss, and every defendant must obey objectively. Therefore, the defender believes that it is more accurate and appropriate for the defendants in this case to be convicted of assisting in organizing prostitution respectively according to the existing evidence and the court investigation, or to be convicted of sheltering prostitution and introducing prostitution respectively according to the opinions of the public security organs approving the arrest. (2) Defendant Shi Moumou has the following statutory and discretionary circumstances of lighter punishment: Defendant Shi Moumou only plays an auxiliary and secondary role in assisting prostitution, and is an accessory, and should be given a lighter, mitigated or exempted punishment according to law. 1, the defendant Shi Moumou has the lowest position among the defendants, only the minister in charge of logistics. 2. The defendant Shimou served as a consultant until the beginning of July 2009, and served as a minister until the beginning of July 2009, only ten days. 3. The defendant Shi Moumou's job is to manage waiters, bring tea and water to guests, and not manage technicians. 4. Defendant Shi Moumou was not clear about the prostitution in the unit, but only learned about it through chatting with colleagues on the Internet at the end of June 2009. 5. The defendant Shi Moumou resigned after knowing the prostitution situation of the unit, just because he was rejected by the unit leader, but it was enough to show that he was unwilling to engage in related work and stayed away from the wrong place. It also showed that he had no intention to help the unit organize prostitution subjectively, which was forced by life and determined by his position. It can be seen that in this case, the defendant Shimou did not participate in premeditation, planning, organization and implementation, but only passively and indirectly participated in assistance. It only plays a very minor auxiliary role in helping to organize prostitution, and it is an accessory, and the crime is minor. Defendant Shi Moumou has the following discretionary circumstances: 1. The defendant Shi Moumou confessed to the facts involved and the relevant information he knew in the public security organ, which was very frank and unreserved. 2. The defendant Shi Moumou has no criminal record and is a first-time offender or an occasional offender. 3. The defendant Shi Moumou made a stable confession in the public security organs, inspection organs and today's court investigation, and did not retract his confession. 4. The defendant, Shi Moumou, was able to deeply understand and reflect on his mistakes, and also actively pleaded guilty and showed remorse during the trial; According to China's criminal policy and trial practice, the above discretionary circumstances are relatively light, and the collegial panel is also requested to give full consideration and handle them as appropriate when sentencing. To sum up, according to the provisions of Article 61 of China's Criminal Law: "When deciding the punishment for criminals, they should be sentenced according to the facts, nature, circumstances and the degree of harm to society, and in accordance with the relevant provisions of this Law." This defender requests the collegial panel to consider that the defendant Shi Moumou is still young, inexperienced, subjective and vicious, and has little harm to society, and only plays a minor role in assisting the crime of * * *, and to give the defendant a lighter, mitigated or exempted punishment according to law and give him a chance to turn over a new leaf and turn over a new leaf. The above defense opinions were adopted by the collegial panel. Defender: lawyer of law firm.
Legal objectivity:
Article 27 of the Criminal Law An accomplice is one who plays a secondary or auxiliary role in the same crime. An accessory shall be given a lighter, mitigated or exempted punishment. 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 10 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.