The gang organized 25 women to participate in pornographic activities, but after the court sentenced them, the prosecution protested. Why?

Members of the gang organized 25 women who lost their feet to engage in prostitution, and made a profit of 1.506 million yuan in two months. Results Several gang members were sentenced to fixed-term imprisonment ranging from 65,438+0,654,38+0 years and four months respectively, and fined from 300,000 yuan to 1000 yuan. Do you think it is heavy or light? The Procuratorate of Jiaocheng District, Ningde, Fujian released the case information, published the detailed information of the case, and protested against the judgment of the case: the sentence was light. Today, Bian Xiao shows you the details of this case.

It is reported that the case involved seven people, namely Huang Jianmin, male, 3 1 year old, who was dealt with by the police for intentional injury and drug-related; Zhang Shuwen, male, 34 years old, was twice punished by the police for gambling; Ma, female, 39 years old; Lan Moumou, male, 30 years old; Lei Moumou, male, 26 years old; Huang Moumou, male, 28 years old. The six men were criminally detained by Jiaocheng Branch of Ningde Public Security Bureau on March 23, 20 18 on suspicion of organizing prostitution, and were arrested by the police on April 27 of the same year. Li Moumou, female, 3 1 year old, was released on bail by the police on June 29th, 20 18 on suspicion of assisting in organizing prostitution.

According to the indictment, from 20 18 65438+ 10/0 to 20 18 on March 22nd, Huang Jianmin, Ma, Lin Moumou (handled separately) and Liu Moumou (handled separately) organized 25 women in Jiaocheng, Ningde City.

This prostitution place is managed by the foreman, the foreman is managed by the manager, and the prostitutes are managed by the "mommy" and the manager. The manager and the "mommy" are responsible to the boss. They use the attendance sheet and the clock sheet to register the prostitution situation in the place and formulate attendance, rewards and punishments, deposits and other systems to manage prostitutes.

Among them, Huang Jianmin is the owner of a prostitution place. As a place manager, Zhang Shuwen is responsible for managing the daily affairs of prostitution places, extracting and managing prostitution income, checking the attendance of prostitutes, paying prostitutes' wages, etc. And get 7 yuan from every prostitution. Ma is the "mommy" of prostitution places, responsible for soliciting prostitutes and managing prostitutes, and getting 20 yuan from every prostitution income. Lin Moumou and Liu Moumou are foremen of prostitution places, responsible for managing service personnel and leading prostitutes to rooms for clients to choose from. And get 3 yuan from every prostitution.

Li Moumou is the financial personnel of the prostitution place, responsible for making the daily business income and expenditure journal of the prostitution place, the payroll account of the prostitutes and the general ledger of the monthly income and expenditure of the place. Lan Moumou, Lei Moumou, Huang Moumou and Xu Moumou are the service personnel of prostitution places. Lan Moumou, Lei Moumou, Huang Moumou and others are responsible for receiving clients, cleaning rooms, recruiting prostitutes, and guiding prostitutes to rooms for guests to choose from. Liu is a driver in a prostitution establishment, who is responsible for picking up and dropping off clients.

In the early morning of March 22nd, 20 18, Ningde police seized prostitutes 1 person and 8 prostitutes in the premises, and arrested defendants Huang Jianmin, Ma, Lan Moumou, Lei Moumou, Huang Moumou, Liu Moumou and Xu Moumou for organizing prostitution, and seized time cards and time sheets on the spot. On June 28th, 20 18, the public security organ arrested the defendant Li Moumou. According to the appraisal, within just over 60 days from 20181October 2065 438+08 to 20 19 March 2065438, Huang Jianmin and others made a profit by organizing prostitution 1506000 yuan.

On October 20 19 1 month, the local procuratorate filed a public prosecution. Huang Jianmin, Ma and Ma organized 25 prostitutes to engage in prostitution by means of soliciting prostitutes and management, and made illegal profits 1.506 million yuan. If the circumstances are serious, the facts of the crime are clear and the evidence is true and sufficient. He should be investigated for criminal responsibility for organizing prostitution. Lan Moumou, Lei Moumou, Li Moumou and Huang Moumou assisted others in organizing prostitution. The facts of the crime are clear, and the evidence is true and sufficient. He should be investigated for criminal responsibility for assisting in organizing prostitution. Defendant Huang Jianmin has meritorious service in exposing other people's criminal acts and can be given a lighter punishment.

Soon, the People's Court of Jiaocheng District, Ningde City made a first-instance judgment on this case: Huang Jianmin was convicted of organizing prostitution, sentenced to fixed-term imprisonment of 1 1 year and fined RMB300,000; Zhang Shuwen was convicted of organizing prostitution, sentenced to fixed-term imprisonment of 10 years and 6 months, and fined 40,000 yuan; Ma was convicted of organizing prostitution, sentenced to fixed-term imprisonment 10 years and 6 months, and fined 30,000 yuan; Lan Moumou was convicted of assisting in organizing prostitution, sentenced to fixed-term imprisonment of 1 year for 4 months, and fined 20,000 yuan; Lei Moumou and Huang Moumou were convicted of assisting in organizing prostitution, sentenced to fixed-term imprisonment of 1 year for 4 months and fined 1000 yuan; Li was convicted of assisting in organizing prostitution, sentenced to fixed-term imprisonment of 1 year for 4 months, suspended for 1 year for 6 months, and fined 8,000 yuan.

After the judgment of this case, the Ningde City Procuratorate protested at the end of February 2065438+2009, claiming that the fines imposed on Huang Jianmin and He Ma were extremely light, which was an error in the applicable law, resulting in an obviously inappropriate amount of fines. The fact that Lei Moumou and Huang Moumou made personal profits was wrongly identified, which led to the obvious imbalance of fines and punishments; At the same time, a fine of 20,000 yuan was imposed on Lan Moumou, which was much higher than that of convicted criminals who played a greater role in the same crime, which also led to the imbalance of fine punishment.

The procuratorial organ believes that the defendant Huang Jianmin and others illegally gained 1.5055438+0.4 million yuan, and the court of first instance also ruled that they illegally gained 1.505438+0.4 million yuan. However, the court of first instance sentenced the defendant to a fine of more than twice the actual income, which is an error in applicable law. The procuratorial organ believes that the connotation of criminal gains and illegal gains is the same, and both refer to the sum of criminal gains, which cannot be understood as "profit". Whether it is prostitution itself or organizing, forcing, luring, sheltering or introducing prostitution, it is illegal and criminal. The law holds a negative evaluation of this kind of behavior and holds that the economic benefits obtained by this kind of actor are illegal.

In addition, the procuratorate believes that it is wrong for the court of first instance to find that the defendant Huang Moumou made a profit in 300 yuan and the defendant Lei Moumou did not. Defendant Huang argued that he joined the workplace from 2065438 to February 2008 and only received 300 yuan's salary. Defendant Lei Moumou argued after arriving at the case that he applied for a job in the workplace on February 20 13 18 and did not receive salary. However, evidence such as mobile payment transaction records confirmed that at the beginning of the operation of prostitution establishments, the defendants Lei Moumou, Huang Moumou and Lan Moumou were already collecting prostitution materials in their mobile phones.

The procuratorate also pointed out that on September 26, 2009, the court of first instance sentenced Liu, an accessory in this case, to four months' imprisonment 1 year and fined him 3,000 yuan. The court found that Liu illegally earned more than 6,000 yuan, but only sentenced him to a fine of 3,000 yuan. In this case, the confessions of Lei Moumou, Huang Moumou and Lan Moumou all pointed to Liu Moumou as the foreman. Liu went to the case and argued that he was a fellow villager, so he was given the status of foreman with a monthly salary of 6,000 yuan. The evidence in this case is enough to prove that Liu's salary is twice that of Lan Shuangfeng and others, indicating that Liu's criminal status is higher than Lan and others, but the fine of 20,000 yuan imposed on the defendant Lan in the first instance is much higher than Liu's fine, which is obviously inappropriate.

"Yellow gambling" is known as the cancer of society, and law enforcement departments have always had "zero tolerance" for it. I wonder what you think of this case. Welcome to comment.