The concept and behavioral characteristics of illegal acts of prostitution and whoring
Prostitution refers to the act of illegally having sexual relations with unspecified people of the opposite sex or the same sex for the purpose of obtaining material rewards.
Prostitution refers to the act of using money, material or other non-material benefits as a medium to exchange for the physical services of prostitutes and engage in improper sexual behavior.
(1) The object that this act infringes is social management order and good social customs.
(2) Prostitution objectively manifests itself as the act of illegally having sexual relations with unspecified others in order to obtain money or property.
Prostitution can occur between people of the opposite sex, it can also happen between people of the same sex . There are many ways to have sex, such as oral sex, masturbation, sodomy, etc.
Prostitution objectively manifests itself as engaging in improper sexual conduct in exchange for the physical services of prostitutes by paying money, material or other non-material benefits, or by agreeing to pay money, material or other non-material benefits, etc. Behavior.
Prostitution does not require the actual performance or completion of sexual behavior as a necessary condition. The subjects of the act have subjectively reached an agreement on prostitution and prostitution, have negotiated a price or paid money and property, and have begun to implement it. However, due to my subjective For reasons other than will, if sexual relations have not yet occurred, or if sexual relations have occurred but no money or property has been paid, it is deemed to be an act of soliciting prostitution. "Approval on How to Qualify Money" will be punished.
The subject of prostitution is a general subject, which can be either male or female.
(3) The behavior of prostitution and whoring is subjectively expressed as intentional .
Penalty and its legal basis
According to the provisions of Article 66, paragraph 1, of the "Public Security Administration Punishment Law", those who engage in prostitution shall be detained for not less than 10 days but not more than 15 days, and may also be fined not more than 5,000 yuan; if the circumstances are relatively minor, they shall be fined not more than 5,000 yuan. Detention for not more than 5 days or fine of not more than 500 yuan.
How to determine the "minor circumstances" of prostitution and whoring?
According to the provisions of the "Public Security Management Punishment Discretionary Opinions", in law enforcement practice, if one of the following circumstances occurs, it is considered a "minor circumstance";
①The price has been negotiated Or paying money or other property but not having sexual intercourse;
② Prostitution or whoring through masturbation or other methods;
③ Other circumstances where the circumstances are relatively minor.
For those who rely on prostitution as their main source of livelihood and have a fixed residence to specialize in prostitution, the punishment of "less serious circumstances" is not applicable.
Does the subject of prostitution include men? Does the subject of prostitution include women?
According to the provisions of the "Reply of the Ministry of Public Security on the Qualitative Treatment of Sexual Behavior Between Same-Sex People Using Money as a Medium", the subjects of prostitution also include men; the subjects of prostitution are also general subjects, who can be either men or women. It's female.
If the perpetrator has reached an agreement on prostitution and started to implement it, but has not yet had sexual relations due to reasons other than his will, or has had sexual relations but has not paid money or property, how to characterize it?
According to the Ministry of Public Security's "Notice on Using Money as a Media" According to the provisions of “Reply on How to Qualify the Characterization of Money for Sex or Sex Before Payment”, the actors have subjectively reached an agreement on prostitution, have negotiated the price or paid money or property, and have begun to implement it. However, due to the If sexual relations have not yet occurred due to reasons other than the person's subjective will; or if sexual relations have occurred but money or property has not been paid, can be treated as prostitution and whoring according to law.
For the former behavior of , should be punished lightly.
begins to implement , which refers to the conditions for preparing for the implementation of prostitution and whoring, such as going to prostitution and whoring places together.
How to distinguish the boundary between prostitution and general pornographic escort services?
General pornographic escort services means that the perpetrator uses the selling of sex as a means to provide general pornographic services that do not include sexual intercourse.
The "having sexual intercourse" here should be understood in a broad sense. In addition to the combination of genitals between men and women of the opposite sex, it also includes oral sex, masturbation, sodomy, etc.
For example, in the catering service industry, cultural entertainment industry and other places, in order to attract business, some women are lured and organized to perform obscene acts and behaviors on customers, such as indecency. As long as no sexual relations occur, such behaviors should not be treated as Dealing with prostitution.
How to distinguish the behavior of prostitution from the crime of spreading sexually transmitted diseases stipulated in Article 360 of the " Criminal Law "?
The difference between the two mainly lies in whether the perpetrator commits the act of soliciting prostitution knowing that he has a serious sexually transmitted disease.
Serious sexually transmitted diseases refer to sexually transmitted diseases that are highly contagious, harmful, and have a high incidence rate, such as syphilis, gonorrhea, etc.
According to the crime of spreading sexually transmitted diseases, the crime constitutes . General prostitutes cannot be the subject of this crime. Only prostitutes who know that they have serious sexually transmitted diseases such as syphilis and gonorrhea can become the subject of the crime of spreading sexually transmitted diseases.
( Supreme People’s Court , Supreme People’s Procuratorate Interpretations on Several Issues Concerning the Application of Laws in Criminal Cases of Organizing, Coercing, Seducing, Accommodating, and Introduction of Prostitution”, if one of the following circumstances occurs, it shall be deemed as " knowingly knowing " stipulated in Article 360 of the "Criminal Law":
① There is evidence to prove that he has gone to a hospital or other medical institution for medical treatment or examination and was diagnosed as suffering from a serious sexually transmitted disease;
② Based on his knowledge and experience, he can know that he has the disease Serious sexually transmitted diseases;
③ It can be proved through other methods that the perpetrator is "knowingly"
Whether the behavior of spreading sexually transmitted diseases actually causes others to suffer from serious venereal diseases does not affect the establishment of this crime as stipulated in Article 360 of the Criminal Law. "Serious sexually transmitted diseases", including syphilis, gonorrhea, etc.
Whether other sexually transmitted diseases are recognized as "serious sexually transmitted diseases" shall be determined in accordance with the provisions of the "Infectious Disease Prevention and Control Law" and the "Measures for the Prevention and Control of Sexually Transmitted Diseases". The committee stipulates that within the scope of sexually transmitted diseases that should be monitored, strict control should be carried out in accordance with the principle that their harm and characteristics are equivalent to those of syphilis and gonorrhea
If a prostitute does not know that she has a serious sexually transmitted disease and commits prostitution, he should be punished. Prostitution shall be punished by public security management .
If the prostitute knowingly suffers from general STDs, not serious STDs, and engages in prostitution, it will not constitute the crime of spreading STDs.
