Does having chat records count as prostitution?

1. Can chat records be used as evidence for catching prostitutes? Online chat records can be used as evidence for prostitution, but they can only be used as indirect evidence. The reason why it cannot be used as direct evidence is that online chat records can only prove the motivation of the person involved in prostitution, not the direct act of prostitution. Online chat records are part of "audio-visual materials", and audio-visual materials refer to audio recordings, video recordings, computer-stored data, etc. that can be used as evidence. They are a kind of fixed and preserved evidence. Therefore, whether it is the Administrative Procedure Law, the Civil Procedure Law or the Criminal Procedure Law, "audiovisual materials" are included in the scope of evidence. However, audiovisual materials must be reviewed before they can be considered as evidence. At the end of 2019, the Supreme People's Court issued the newly revised "Several Provisions of the Supreme People's Court on Evidence in Civil Litigation", which further refined and expanded the scope of electronic data. This regulation has also begun on May 1, 2020. Implementation. It refines the types of electronic data, including five major categories and various forms: (1) Information published on web pages, blogs, microblogs and other network platforms; (2) Mobile phone text messages, emails, instant messaging, communication groups and other networks Communication information of application services; (3) User registration information, identity authentication information, electronic transaction records, communication records, login logs and other information; (4) Documents, pictures, audios, videos, digital certificates, computer programs and other electronic files; (4) Electronic files such as documents, pictures, audios, videos, digital certificates, computer programs; 5) Other information stored, processed, and transmitted in digital form that can prove the facts of the case. This means that chat records can be officially used as evidence in lawsuits. As valid evidence, what conditions do chat records need to meet? 1. Authenticity: It is necessary to confirm that the user of the WeChat chat record is the party involved in the case. 2. Legality: The ways and means of obtaining WeChat chat records must be legal, and illegal ones will be excluded. 3. Relevance: To ensure the integrity and authenticity of chat records and not be tampered with, electronic data should be stored in the terminal carrier.

2. Which WeChat chat evidence cannot be used as evidence? According to Article 68 of the Supreme Law's "Several Provisions on Evidence in Civil Procedures": "Evidence obtained by infringing the legitimate rights and interests of others or violating prohibitive provisions of the law" , cannot be used as a basis for determining the facts of the case. "Therefore, verbal evidence obtained through illegal detention, violence, deception, threats, etc. cannot be used as a basis for determining the facts of the case."

3. How to be punished for being caught engaging in prostitution? Article 66 of the "Public Security Administration Punishment Law" stipulates that "Those who engage in prostitution or soliciting prostitution shall be detained for not less than ten days but not more than fifteen days, and may also be fined not more than five thousand yuan." "If the circumstances are relatively minor, he shall be detained for not more than five days or fined not more than 500 yuan. If someone solicits prostitution in a public place, he shall be detained for not more than five days or fined not more than 500 yuan." At present, the reeducation through labor and C&E systems involved in prostitution and whoring have been abolished. The penalties imposed by public security organs on persons engaged in prostitution must be commensurate with the facts, nature, circumstances and degree of social harm of the illegal acts. It is strictly prohibited to use fines in lieu of criminal penalties, reeducation through labor, shelter and education and administrative detention. When the public security organs deal with persons engaged in prostitution and whoring, they shall follow the following standards of punishment: Those who engage in prostitution and whoring 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; those who are over 14 years old but under 16 years old shall be punished. Prostitution and whoring, first-time prostitution and whoring by persons over 16 but under 18 years of age, first-time prostitution due to living conditions, etc., are "minor circumstances" and shall be detained for not more than 5 days or fined not more than 500 yuan; for prostitution and whoring, in addition to being subject to public security In addition to administrative penalties, custody and education may be provided in accordance with the law; persons who are over 16 years old and under 18 years old have engaged in prostitution and whoring multiple times, and persons who are over 18 years of age have engaged in prostitution and whoring more than twice, shall be detained and educated in accordance with the law; those who are detained by the police for prostitution and whoring Anyone who engages in prostitution after being dealt with by the authorities will be subject to reeducation through labor and a fine of not more than 5,000 yuan will be imposed by the public security organ. The above is the answer to the question "Can chat records be used as evidence for catching prostitutes?" We can understand that online chat records can be used as evidence for prostitution, but only as indirect evidence. Online chat records can be used as evidence of prostitution, but only as indirect evidence.

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