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Will the victims of online prostitution fraud be punished?
What is the difference between whoring and rape?
1, different concepts.
(1) Prostitution refers to the act of two or more people having unfair sexual relations through money or property. That is, illegal trading, sexual relations based on money trading. Prostitution is prohibited by law in our country, which is illegal. Prostitution and whoring are more likely to get infectious diseases, hepatitis B, AIDS and other diseases.
(2) Rape, also known as sexual violence, sexual assault or coercion, is an illegal means of violence against the will of the victim and an illegal and criminal act. In most countries in the world (except
Afghanistan, Sierra Leone, Democratic Republic of the Congo
) Rape is a crime. When the victim cannot refuse to have sex because of alcohol, drugs or religious influence, having sex with him is also regarded as rape.
2. Different punishment basis
(1) Punishment of whoring, whoring is illegal, not a crime.
Second, distinguish whether it is the crime of organizing prostitution.
1. Do you intend to organize others to engage in prostitution?
According to the provisions of the criminal law, this crime only punishes the organizers. Generally, those who participate in prostitution are not treated as crimes, and are usually treated according to the Law on Punishment for Violation of Public Security Administration. If several prostitutes engage in prostitution together in order to earn more money, transmit information, provide convenience and cover each other, because they are all prostitutes, there is no division between master and servant, and there is no fixed organizer, they should generally not be punished as crimes, but should be punished by public security management. However, if the perpetrator not only participates in prostitution, but also organizes others to engage in prostitution, it constitutes the crime of organizing prostitution.
2, whether the implementation of the organization of prostitution. It does not constitute a crime to intentionally organize others to engage in prostitution or not to organize others to engage in prostitution. If some hotels, hotels and other service personnel engage in prostitution, although the person in charge has relaxed management, as long as there is no intention to organize others to engage in prostitution and there is no act of organizing others to engage in prostitution, it cannot be considered as a crime.
Third, what evidence do you need to be arrested for whoring?
1. In sentencing all cases, we should attach importance to evidence, investigation and study, and we should not trust confessions. If only the defendant confesses and there is no other evidence, the defendant cannot be found guilty and punished; If there is no confession from the defendant and the evidence is sufficient and reliable, the defendant may be found guilty and punished. "In the investigation of prostitution cases, only the confessions of prostitutes, no other evidence, can not be identified as prostitution.
2. To identify prostitution, in addition to the confession of the suspect, the public security police should also investigate other evidence, such as the testimony of the police when they were caught red-handed; Or the relevant physical evidence and documentary evidence at the scene; Or audio-visual materials that can prove prostitution; Or introduce or accommodate people's testimony; Or other witnesses, physical evidence, etc.
3. If the suspect does not admit prostitution, but the public security organ has sufficient evidence to prove it, it can be regarded as prostitution.
4. Because the law does not investigate extramarital sex and premarital sex which belong to the moral category, the public security organs can only identify prostitution unless there is evidence that the behavior of both parties is not based on feelings, but on money and sex transactions.
legal ground
Article 66 of People's Republic of China (PRC) Public Security Administration Punishment Law
Prostitution and whoring shall be detained for more than 18 days and less than 15 days, and a fine of less than 5,000 yuan may be imposed; If the circumstances are minor, they shall be detained for less than 5 days or fined for less than 500 yuan.
Whoever solicits prostitutes in public places shall be detained for not more than five days or fined not more than 500 yuan.
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