Traditional Culture Encyclopedia - Hotel franchise - Is issuing small cards an introduction to the crime of selling Zl?
Is issuing small cards an introduction to the crime of selling Zl?
Case description: Fan Moumou (handled in another case) found that it would be faster to make money by handing out prostitution cards in hotels and guesthouses, and then looking for prostitutes from beauty salons, so he used the defendant Li A person purchased a new mobile phone card and began to print a large number of cards and distribute them in some hotels and hotels in urban A city. Around September of the same year, upon introduction, the defendant Huang Moumou also joined the gang and distributed cards together with Fan Moumou. The process of this "paid sex transaction" is roughly as follows: Fan Moumou received a call from the client, negotiated the prostitution location, prostitution price and other matters, then went to the beauty salon to find a prostitute, and went to the hotel where the client stayed to engage in prostitution. The price of a prostitution session is generally 500 yuan, 600 yuan, or 700 yuan. The beauty salon owner gets 100 yuan, the prostitute gets 200 yuan, and the balance goes to Fan. During this period, Fan Moumou got to know the prostitutes Jian Moumou, Peng Moumou and others and exchanged phone numbers. The prostitute Yang Moumou also gave her phone number to Fan Moumou after being introduced by Jian Moumou. The two parties agreed that Fan would contact Jian and others directly after taking the business, and the prostitute would collect the money from the client. The prostitute would get 300 yuan, and she would get 700 yuan for the night. The balance would be given to Fan, and the prostitute could pay the client. Also ask for taxi fare. The more money he made, the more money he made. Later, the defendant Wang also came to City A from his hometown. According to Fan's arrangement, he and Huang worked together to issue prostitution contact cards in some hotels in Nantong, or collect the remaining balance from prostitutes. capital. In order to facilitate answering the prostitution contact number, Fan and Li agreed to transfer the call to the mobile phone number used by Li when it was busy. After Fan and Li received the prostitution phone number and negotiated the prostitution fee with the client, they arranged for prostitute Jian and others to go to the hotel to engage in prostitution for Ying, Tu and others 13 times through phone calls and text messages. The District People's Procuratorate filed a public prosecution with the court on the charge that the defendants Li, Huang, Wang and others constituted the crime of assisting in organizing prostitution. Judgment: After trial, the Intermediate People's Court held that the defendants Li, Huang, and Wang introduced others to prostitution by issuing prostitution cards in hotels, hotels and other places according to Fan's arrangements. They all constitute the crime of introducing prostitution, and are the same crime as prostitution. The circumstances are serious and they should be sentenced to fixed-term imprisonment of more than five years and a fine according to law. Defendants Li, Huang and Wang played a secondary or auxiliary role in the same crime and were accessories. Defendant Wang, who committed some of his crimes when he was over 16 years old and under 18 years old, is a minor and should be given a lighter or reduced punishment in accordance with the law. Defendants Li, Huang, and Li truthfully confessed their criminal facts after being brought to justice and voluntarily pleaded guilty, and may be given a lighter punishment in accordance with the law. In accordance with the provisions of the Criminal Law of the People's Republic of China, the defendant Li was sentenced to three years in prison and fined 5,000 yuan for the crime of introducing prostitution; the defendant Huang was sentenced to one year and five months in prison and fined 5,000 yuan. A fine of 1,000 yuan was imposed; the defendant Li was sentenced to six months in prison and fined 1,000 yuan. Lawyers' Law Enlightenment: How should the act of issuing small cards be characterized? If there is evidence that the perpetrator's associates organized prostitution while issuing small cards, he should be deemed to have constituted the crime of assisting in organizing prostitution. If there is no evidence to prove the fact of organized prostitution, but can only prove that the perpetrator issued prostitution cards in public places, he should be convicted and sentenced for the crime of introducing prostitution. What is the sentencing standard for the crime of assisting in organizing prostitution? According to the third paragraph of Article 358 of the Criminal Law, recruiting transportation personnel for people who organize prostitution or other acts of assisting in organizing prostitution for others. shall be sentenced to fixed-term imprisonment of not more than five years and shall also be fined. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined. Legal basis: "Criminal Law of the People's Republic of China" Article 358: The crime of organizing prostitution and the crime of forced prostitution. Whoever organizes and forces others to prostitute 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, , shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or have property confiscated. Anyone who organizes or forces minors into prostitution shall be severely punished in accordance with the provisions of the preceding paragraph. Anyone who commits the crimes in the preceding two paragraphs and commits crimes such as killing, injuring, raping, kidnapping, etc. shall be punished in accordance with the provisions of concurrent punishment for multiple crimes.
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