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How to judge online whoring?
How to sentence online whoring?
The Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Prostitution, such as Organizing, Forcing, Seducing, Accommodating and Introducing, explains how to deal with the behavior of sending messages of soliciting prostitutes by SMS. In judicial practice, it is common for perpetrators to publicly introduce prostitution by publishing information about soliciting prostitutes through the Internet and short messages, which not only seriously disrupts social order, but also interferes with citizens' personal lives and should be convicted. Before the criminal law amendment (IX) was promulgated, the criminal law did not clearly stipulate how to deal with this kind of behavior.
The Criminal Law Amendment (IX) specifically defines the act of publishing illegal and criminal information through information networks as a crime. Therefore, if the circumstances are serious, the provisions of Article 287-1 of the Criminal Law shall be applied to the act of publishing whoring information through information networks, and criminal responsibility shall be investigated for the crime of illegally using information networks. If it can be verified that the perpetrator also engaged in offline prostitution, which constitutes a crime, the crime of introducing prostitution can be applied to investigate the responsibility.
On this basis, the second paragraph of Article 8 is explained: if the circumstances are serious, it shall be convicted and punished for the crime of illegal use of information network in accordance with the provisions of Article 287-1 of the Criminal Law, and if it constitutes the crime of introducing prostitution, it shall be convicted and punished in accordance with the provisions of heavier punishment.
The Interpretation also emphasizes the protection of special groups such as minors and pregnant women. For those who organize, force, seduce, shelter or introduce minors, pregnant women, mentally retarded people and people suffering from serious sexually transmitted diseases to engage in prostitution, the number of ordinary people who organize prostitution is set at half according to the standard, so as to show that such crimes will be severely punished according to law.
Internet whoring involves four criminal charges, and the sentencing is as follows:
(1) Crime of spreading obscene articles
Those who spread obscene books, films, audio-visual images, pictures or other obscene articles, disrupt the state management order of obscene articles and endanger the physical and mental health of the broad masses of people, especially teenagers, must be resolutely cracked down according to law.
In the process of recruiting prostitutes on the Internet, criminal suspects often attract prostitutes to enter the website and increase the number of clicks on the website by reprinting and publishing obscene pictures and videos on the Internet.
According to the criminal law, whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance. Whoever disseminates obscene articles to minors under the age of 18 shall be given a heavier punishment.
(2) Introduce the crime of prostitution
The crime of luring, sheltering and introducing prostitution refers to the act of luring others into prostitution by means of money, material or other benefits, or providing a place for others to engage in prostitution, or matchmaking for clients.
In online whoring cases, many suspects publish whoring information and advertisements through the Internet, and at the same time, they also act as a link between the clients and prostitutes, paving the way for their whoring behavior.
According to Article 359 1 of the Criminal Law, whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and fined.
(3) Crime of organizing prostitution
The crime of organizing prostitution refers to the act of gathering and controlling prostitution by means of recruitment, employment, inducement and shelter. In some online prostitution cases, the suspects also recruited and hired many prostitutes and provided prostitution places.
According to the criminal law, whoever commits this crime shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined; Whoever organizes others to engage in prostitution, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated; If the circumstances are especially serious, he shall be sentenced to life imprisonment or death, and his property shall be confiscated.
(4) crime of assisting in organizing prostitution
The crime of assisting in organizing prostitution refers to the act of helping others organize prostitution, such as being a bodyguard, a thug, a bookkeeper, etc. This emerging online publicity to provide help and create conditions for organizing prostitution should also be recognized as one of the ways to help organize prostitution.
According to the provisions of the criminal law, the third paragraph of Article 358 assists in organizing others to engage in prostitution, and shall be sentenced to fixed-term imprisonment of not more than five years and fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined.
How to judge online whoring? Now there will be cyber police on the internet, and these soliciting information may also be mastered by the police, so the parties who publish soliciting information may be arrested. You don't know much about the sentencing of online whoring and the scope of identification of online whoring criminals. You should find a lawyer to guide you, which is good for you.
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