In 2022, the sentencing case of the crime of trafficking was introduced.

Introduce successful defense cases of prostitution crime in 2022.

case analysis

There is a dispute between the crime of organizing prostitution and the crime of introducing prostitution in this case. Because this case belongs to temporary group prostitution, the time is short, the amount involved is not large, and the social impact is limited, and finally the crime of introducing prostitution is convicted and punished.

The lawyer in this case defended the defendant Liang and proposed that the defendant Liang was an accessory and should be given a lighter punishment according to the circumstances of the defendant Liang; If the defendant Liang stops participating in the crime the next day, it shall be handled in accordance with the principle of benefiting the defendant; There are some unclear facts in this case. Defendant Liang is one of the people who pick up and drop off customers. According to the indictment, Liang and Sun were the people who picked up the clients, but there were actually four people. Some outsiders have not been arrested, and their guilt should not be borne by the existing defendants. Wait a minute. These defensive ideas have achieved good results. After the trial of the case, the defendant Liang was released on bail pending trial and finally defended successfully.

situation

Xi mouqu people's court

criminal judgement

(20**) Shaanxi No.01* *

The public prosecution organ is the People's Procuratorate of a certain district in Xi 'an.

Defendant Kang Moumou, male, was born in Shaanxi Province on * * month * * of19, Han nationality, high school education, farmer, and now lives in the urban area of Shaanxi Province. * * In Xi 'an. He was arrested on * * of * * on suspicion of committing the crime of introducing prostitution, detained in criminal detention on * * of the same month, and arrested on * * of the same year. He is currently being held in a detention center in a district of Xi 'an.

Entrusted defender * *, lawyer of Shaanxi * * Law Firm.

Defendant Tian Mou, male, was born in Shaanxi Province on * * month * * of19, Han nationality, college education, unemployed, and now lives in the urban area. * * * * In Yanta District, Xi City. He was arrested on * * of * * on suspicion of committing the crime of introducing prostitution, detained in criminal detention on * * of the same month, and arrested on * * of the same year. He is currently being held in a detention center in a district of Xi 'an.

Defender * *, lawyer of Shaanxi * * Law Firm.

Defendant Guo Moumou, male, was born in Shaanxi Province on * * month * * of19, Han nationality, high school education, farmer, and registered in the city. * *, a native of Lianhu District, Xi City, now lives in * * *. He was arrested on * * of * * on suspicion of committing the crime of introducing prostitution, detained in criminal detention on * * of the same month, and arrested on * * of the same year. He is currently being held in a detention center in a district of Xi 'an.

Defender * *, lawyer of Shaanxi * * Law Firm.

Defendant Liu Moumou, male, was born in Shaanxi Province on * * * of 19, Han nationality, college education, unemployed, and now lives in Shaanxi Province. * * Xi An. He was arrested on * * of * * on suspicion of committing the crime of introducing prostitution, detained in criminal detention on * * of the same month, and arrested on * * of the same year. He is currently being held in a detention center in a district of Xi 'an.

Entrusted defender * *, lawyer of Shaanxi * * Law Firm.

Defendant Sun Mou, male, 19 was born in * * City, Shaanxi Province on February 2nd, Han nationality, high school education, farmer, and now lives in Room * * * of * * Building in * * District of the city. On suspicion of committing the crime of introducing prostitution, he was arrested on * * 20th, detained in criminal detention on the same day, and arrested in the same year.

Defender * *, lawyer of Shaanxi * * Law Firm.

Defendant Liang, male, born in XX City, Shaanxi Province on October 20, Han nationality, primary school culture, farmer, now lives in XX Group. On * * * of 50** years, he was arrested on * * of the same year on suspicion of committing the crime of introducing prostitution.

Defender Du Kai, lawyer of Shaanxi * * Law Firm.

Defendants Kang Moumou, Tian Mou, Guo Moumou, Liu Moumou and Liang Mou committed the crime of introducing prostitution and were charged by the People's Procuratorate of a certain district of the city with indictment No.2004 in 2004. On * * month * * of 20**, he filed a public prosecution with our hospital. Xi' an People's Procuratorate made some changes to the accused facts by changing the prosecution decision of a certain sentence [20**] * *. Our hospital formed a collegiate bench according to law, and because it involved personal privacy, it applied ordinary procedures according to law to hear the case in private. Xi An District People's Procuratorate appointed prosecutors to appear in court to support public prosecution.

The People's Procuratorate of an District of Xi 'an accused the defendants Kang Moumou, Guo Moumou, Tian Mou and Liu Moumou of illegally engaging in prostitution through online sales on the 20th. Kang Moumou is responsible for soliciting customers from the Internet and contacting prostitutes. Tian Mou opened a room as a reception room in a * * * hotel in Anmou Community, Guo Moumou was responsible for financial management, Liu Moumou was engaged in buying water and cigarettes, and the defendant Liang Mou was responsible for transporting customers from the Internet to the room opened by prostitutes. If a prostitute opens her own house as a prostitution place and receives more than 5 clients on the same day, Guo Moumou will refund the room rate of that day to the prostitute as a reward. After the business started on * * of the same year, prostitutes Liu Moumou, Yu Mou and Wang Mou opened rooms in a hotel in a village in Anmou District, and provided paid services to the clients introduced by Kang Moumou and others at two charging standards of 888 yuan and 999 yuan. The charging standard of 888 is paid by Kang Moumou to online sales. 500 yuan paid 260 yuan, a prostitute, and Kang Moumou earned 50 yuan an introduction fee, 70 yuan; The charging standard of 999 is that Kang Moumou pays 550 yuan to online sales and 350 yuan to prostitutes, and Kang Moumou gets a commission from 50 yuan and earns an introduction fee of 100 yuan. The income is paid to Kang Moumou with the fixed salary of 500 yuan every day, and to Liang Mou and Liang Mou with the fixed salary of 300 yuan every day. After deducting the rent of the reception room and the rent for rewarding prostitutes, the remaining profits are divided equally among Kang Moumou, Guo Moumou, Tian Mou and Liu Moumou. On the evening of * * *, prostitutes Yu and Wang were caught red-handed by public security personnel when they were engaged in prostitution in a hotel in a village in Anmou District. After investigation, the den posted information on soliciting prostitutes through the Internet during the period from * * * * *, attracting more than 50 prostitutes and collecting more than 29,000 yuan for prostitution through WeChat transfer. Transfer more than 20 thousand yuan through AliPay.

......

Defender Sun has no objection to the criminal facts and charges accused by the public prosecution agency, but argues that the defendant's criminal circumstances are obviously minor, and he is an employee in this case. He only receives normal wages and voluntarily pleads guilty and suggests that he be exempted from criminal punishment.

Liang's defender has no objection to the criminal facts and charges accused by the public prosecution agency: he only argues that the defendant is a first-time offender, an occasional offender and an accessory, and has a frank plot. If the amount of illegal income is small, he will voluntarily plead guilty and admit punishment. It is recommended that he be sentenced to fixed-term imprisonment of less than 1 year.

It was found through trial that the defendants Kang Moumou, Tian Mou, Guo Moumou and Liu Moumou agreed to engage in prostitution through online sales on * * * *, and agreed to share the benefits equally. Kang Moumou recruited clients through the Internet and contacted prostitutes. Prostitutes have turned their houses into prostitution places. Tian rented a house in a hotel in a village in an community to receive customers. Guo Moumou keeps accounts and collects money through his WeChat and Alipay accounts, and pays wages and commissions. Liu provides cigarettes, water and other things for the guests. Hou Tianmou called again, and Kang Moumou called Liang, who contacted Liang to pick up the prostitute's room, introduced the service package and price to the prostitute, and provided Guo Moumou's QR code to collect money. On the evening of, 20**, Yu and Wang, prostitutes contacted by Kang, were caught red-handed by public security personnel when they were engaged in prostitution in a hotel in a village in An. After investigation, from * * to * * on * *, 20 * * defendants introduced prostitutes such as Yu Mou and Wang Mou to provide prostitution services for clients, recruited more than 50 clients, collected more than 38,000 yuan from clients and paid them to Liang Mou, 300 yuan and 600 yuan.

It was also found that Kang Moumou, Tian Mou, Guo Moumou, Liu Moumou, and Liang Mou were arrested by the public security organs on * * * *. During the trial of the case, Tian voluntarily returned the illegal income of 1.3 million yuan, Guo voluntarily returned the illegal income of 1.3 million yuan, Liu voluntarily returned the illegal income of 1.3 million yuan, Sun voluntarily returned the illegal income of 600 yuan and Liang voluntarily returned the illegal income of 300 yuan.

Regarding the above facts, the defendants Kang Moumou, Tian Mou, Guo Moumou, Liu Moumou, and Liang Mou had no objection in the trial and voluntarily pleaded guilty and repented. ......

The evidence in this case is:

Evidence such as police registration form, case registration form, filing decision, arrest process, administrative punishment decision, witness testimony, identification site notes and photos, identification record, WeChat payment transaction details, Alipay transaction details, WeChat transfer screenshot, accounting screenshot, accommodation registration form, WeChat chat record, defendant's confession, household registration information, non-tax income general contribution book, etc. are sufficient for identification.

We believe that the defendants Kang Moumou, Tian Mou, Guo Moumou, Liu Moumou, and Liang Mou have all committed the crime of introducing prostitution as stipulated in the first paragraph of Article 359 of the Criminal Law of People's Republic of China (PRC). Xi' an District People's Procuratorate accused the defendant of being guilty and should be punished according to law. Kang Moumou, Tian Mou, Guo Moumou and Liu Moumou conspired to sell floating objects, and agreed to share the benefits equally, which played a major role in the crime of * * * *, and they were all principal offenders. Therefore, the defender's defense opinion that Guo Moumou and Liu Moumou are accomplices is not adopted, but Tian Mou, Guo Moumou and Liu Moumou played a smaller role in the crime of * * * than Kang Moumou and were irresponsible to Tian Mou, Guo Moumou and Liu Moumou. Sun and Liang play a secondary role in the same crime, and they are accomplices. According to law, they can be given a lighter punishment and adopt the relevant defense opinions of the defenders. All six defendants can truthfully confess their crimes, and they can be given a lighter punishment according to law, voluntarily plead guilty and admit punishment, and can be given a lighter punishment according to law, and the relevant defense opinions of the defenders will be adopted. Tian introduces others to prostitution, which hinders the order of social management and is harmful to society. Therefore, the defender's defense opinion on applying probation to the defendant was not adopted. During the trial of this case, Tian Mou, Guo Moumou, Liu Moumou, and Liang Mou actively returned all the illegal gains, and they may be given a lighter punishment as appropriate, and the provisions on organizing, forcing, luring, sheltering and introducing prostitution of Article 359, paragraph 1, Article 52, Article 53 and Article 67, paragraph 3 of the Criminal Law of People's Republic of China (PRC) and the Supreme People's Court and the Supreme People's Procuratorate shall apply.

The provisions of the judgment are as follows:

1. Defendant Kang Moumou committed the crime of introducing prostitution and was sentenced to one year and six months in prison and fined 25,000 yuan. (The term of imprisonment shall be counted from the date of execution of the judgment. If a person is detained before the execution of the judgment, one day of detention shall be reduced to one day of fixed-term imprisonment, that is, from * * * to * * * *. The fine shall be paid within five days after the judgment takes effect. )

2. The defendant Tian committed the crime of introducing prostitution and was sentenced to one year and three months in prison and fined 50,000 yuan. (The term of imprisonment shall be counted from the date of execution of the judgment. If a person is detained before the execution of the judgment, one day of detention shall be reduced to one day of fixed-term imprisonment, that is, from * * * to * * * *. The fine shall be paid within five days after the judgment takes effect.

3. Defendant Guo Moumou committed the crime of introducing prostitution and was sentenced to one year and three months in prison and fined 50,000 yuan. (The term of imprisonment shall be counted from the date of execution of the judgment. If a person is detained before the execution of the judgment, one day of detention shall be reduced to one day of fixed-term imprisonment, that is, from * * * to * * * *. The fine shall be paid within five days after the judgment takes effect. )

Defendant Liu committed the crime of introducing prostitution and was sentenced to one year and three months in prison and fined 50,000 yuan. (The term of imprisonment shall be counted from the date of execution of the judgment. If a person is detained before the execution of the judgment, one day of detention shall be reduced to one day of fixed-term imprisonment, that is, from * * * to * * * *. The fine shall be paid within five days after the judgment takes effect. )

5. Defendant Sun was convicted of introducing prostitution, sentenced to one year's imprisonment and fined 5000 yuan. (The term of imprisonment shall be counted from the date of execution of the judgment. If a person is detained before the execution of the judgment, one day of detention shall be reduced to one day of fixed-term imprisonment, that is, a fine of * * * * to * * * shall be paid within five days after the judgment takes effect. )

6. Defendant Liang committed the crime of introducing prostitution and was sentenced to one year's imprisonment and fined 5000 yuan. (The term of imprisonment shall be counted from the date of execution of the judgment. If a person is detained before the execution of the judgment, one day of detention shall be reduced to one day of fixed-term imprisonment, that is, a fine of * * * * to * * * shall be paid within five days after the judgment takes effect. )

If you refuse to accept this judgment, you can appeal to the Xi Intermediate People's Court through our court or directly within ten days from the day after receiving the judgment. If you appeal in writing, you should submit an original and eight copies.

Judge * * *

People's Juror: * *

People's Juror * *

* * * * Year * Month * Day