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Southern Rural News reported Jiangmen Heshan Shaping street, a beauty center services to provide customers with masturbation, director of FAN by the police to initiate criminal accountability. Masturbation services provided whether prostitution has become a key conviction cases, lead to the prosecution and defense fierce battle.
Jiangmen Intermediate People's Court of Final Appeal found recently, FAN's conduct constituted the crime of assisting in the organization of prostitution, one-year sentence and a fine of 30,000 yuan. It is the first case of Jiangmen sentenced to masturbate service provided in criminal cases, such cases nationwide criminal incrimination also exceptional, the Court also ruled that no offense.
Beauty salon director was arrested Jurisprudence
FAN March 2008 came home from Fujian Heshan, hired fellow Mou to beauty center, responsible for the cash register,bH6NFHKSR8, the management accounts and daily management. July 15, 2009, was arrested by public security organs to investigate Hwang beads beauty center staff and customer Hu. FAN detained the same day, a month after his arrest.
FAN did not expect to be held criminally responsible, because he believes that the beauty center does not provide sex trade, misconduct serve only to provide customers with masturbation. Heshan When the prosecution indictment noted know stay Hwang beads, Linmou Juan,air jordan 6 femme, Chen silver and many other people involved in prostitution case, still more than the authority and guidance, assistance in the organization of the center staff prostitution. To the incident, the center monthly derive illegal profits of nearly 4500 yuan, it has constituted the crime of assisting in the organization of prostitution.
Masturbation service operator prostitution?
Heshan City Court of First Instance to support prosecution charges, in order to assist in organizing prostitution FAN sentence of three years and fined 30,YOALpfVMPk,nike free run,000 yuan. FAN appeal to Jiangmen City Court that masturbation does not belong to prostitution services,jordan basket femme, so its conduct did not constitute the crime of assisting in the organization of prostitution,v7Ail0M9aa, but not a serious enough that the trial and sentencing overweight.
Jiangmen Intermediate People's Court of Final Appeal before the trial to support the conviction, that the convicted, masturbation services are prostitution, FAN working at the center for several months and is responsible for the management, his behavior constituted the crime of assisting in the organization of prostitution. But that its conduct was not serious enough and have voluntarily surrendered themselves and actively pay the fine, according to the law can reduce the punishment, commuted the sentence to one year of Final Appeal, the decision to maintain a fine of 30,000 yuan. □ Newspaper roundup
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Some innocent, some guilty of
Masturbation services are often used as security in case of closed public security organs, into the relatively rare case of criminal proceedings. In the case of entering the criminal proceedings, both convicted, but also acquitted of.
Support the conviction, in 2004, Fuzhou, Fuqing Court Tangmou massage parlors suspected of masturbation and other services, the Court finds that masturbation services fall into prostitution, the defendant acts constitute the crime of harboring prostitution; 2010 Shanghai Xuhui Court Xu allegedly masturbating service salon Case also identified harboring prostitution.
Acquitted, in 2008 the Qianjiang Court Pangmou club erotic massage suspected case, assisting in the organization prostitution crime prosecution accused has not been identified. Ruled that women club offers massage the male sex organs behavior, our law did not clearly be defined as prostitution,EAMyc0KUz1, according to the criminal law expressly provides that no legal principle of legality is not the crime, it can not be identified as prostitution, where it Pangmou service clubs work behavior did not constitute the crime of assisting in the organization of prostitution.
■ & nbsp; News Analysis
What acts constitute prostitution
Community generally believed that prostitution means some people (mostly women) to obtain material compensation (mostly money) to transactions with no fixed target unlawful sexual activity. Acts of prostitution generally impose law and order punishment, but the organizers give criminal penalties.
Order punishment law, prostitution, prostitution, at least ten days fifteen days detention, can impose a fine of five thousand yuan; if the circumstances are relatively minor, five days at the detention. Trick prostitute soliciting in public places, and at 5 days detention or a fine. The lure, shelter or introduce prostitution, at least ten days fifteen days detention, can impose a fine of five thousand yuan; if the circumstances are relatively minor, five days detention or a fine of five hundred.
Criminal law, trick, trafficked women forced into prostitution or sold to others trafficked women forced into prostitution can term imprisonment or life imprisonment, while the organization of prostitution or forced prostitution than five years ten years of imprisonment; assisting in the organization of prostitution, five years imprisonment. Prostitution knowingly suffering from serious venereal syphilis, gonorrhea, prostitution, will also face punishment.
While policing and criminal law provisions on punishment for prostitution is in place, in the end what is prostitution, which conduct was not a prostitution, but had no detailed, clearly defined. This may change with the development of related forms of prostitution, people tend to think past acts involving sexual organs considered prostitution contacts, and with the development of society, the way the sex trade has undergone great changes, the emergence of many new "prostitution" methods,5U1PHbRKMc, such as Internet and telephone transactions on erotic impact on people's existing understanding.
As mentioned before,7hV68dK7x0, service providers for the provision of masturbation whether prostitution, have different court finds. Obviously, produce different judgments lies judges prostitution identified, but the law does not clearly defined by the judge gave discretionary space.
According to media reports, the Dongguan Intermediate People's Court on the two authors had "people's justice" published "provides masturbation" service "does not constitute a description, harboring prostitution," that since the law does not specify, in accordance with law no express provision that is innocent principle, to obtain money and other benefits and services provided masturbation behavior does not belong to the criminal law on prostitution,LB37GG4lh1, does not constitute a presentation, shelter prostitution.
The Jiangmen public security has a different view, last November, Jiangmen City Public Security Bureau has issued "Jiangmen City Public Security Administration Punishment plot finds Implementing Rules (Trial)", to be clear of such situations, put forward "to Kouyin, masturbation Initial prostitution way "belong" less serious. " Obviously, they believe that "Kouyin masturbation" is the act of prostitution.
Moreover,5vRK1jCiHL,nike chaussures, in 2001 the Ministry "on the money as a medium between same-sex sexual behavior to deal with the problem of qualitative approval" that: between heterosexual or homosexual is not specific to money, property of the media in an improper sexual relationship behavior including Kouyin, masturbation, sodomy and other acts, are all acts of prostitution.
However, the Ministry of Public Security's "approval" is not legal, nor administrative regulations, departmental rules and regulations is not really just a "reply", which of course can not be high to see the force of law.
Chinese Legislation Law clearly stipulates: Crime and Criminal Law can only make laws. That is, whether a person or entity committed a crime, given what crime, and the penalties imposed, can only be prescribed by law.
Visible, Ministry of Public Security of the "approval" can not be recognized as a crime or a legal basis.
Since about masturbation whether prostitution is no legal basis, then according to the Criminal Code, "the law explicitly defined as criminal acts, convicted and punished according to the law; the law does not explicitly defined as criminal acts, shall be convicted and punished," the provisions of criminalization is inappropriate FAN a.
Jiangmen a court of second instance verdict FAN were guilty, the trial judge explained inclined to think masturbation belongs to prostitution, this way,scarpe louboutin outlet, the judges too much discretion whether it?
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發表於 2015-5-24 04:28:48
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