Cases related to organizing prostitution crime

Yuhuatai District People's Court of Nanjing City, Jiangsu Province (20 1 1)No. X Public Prosecution Organ of Yuhuatai District People's Procuratorate of Nanjing City, criminal judgment. Defendant A, female, born in 1976, Han nationality, junior high school education, contractor of sauna leisure center of Nanjing XX Catering Co., Ltd., lives in Yuhuatai District, Nanjing, and her domicile is in Anhui Province. On June 5438+ 10, 2006, he was administratively detained by Baixia Branch of Nanjing Public Security Bureau for seven days and fined RMB 3,000. 201/kloc-0 was criminally detained by Yuhuatai Branch of Nanjing Public Security Bureau on May 5, 2000 on suspicion of organizing prostitution, and was arrested on June 2 of the same year. Now detained in Nanjing detention center. Defendant B, male, born in 1965, Han nationality, junior high school education, legal representative of Nanjing XX Catering Co., Ltd., contractor of sauna leisure center, living in jianye district, Nanjing, and domiciled in jianye district, Nanjing. 20 1 1 03 16 was criminally detained by Yuhuatai Branch of Nanjing Public Security Bureau on suspicion of organizing prostitution, and was arrested on April/09 of the same year. He is currently being held in Yuhuatai District Detention Center in Nanjing. Defender: lawyer of Jiangsu XX Law Firm. Defendant C, male, born in 1979, Han nationality, junior high school education, waiter of sauna leisure center of Nanjing XX Catering Co., Ltd., lives in Yuhuatai District of Nanjing, and his household registration is in Anhui Province. 20 1 1 03 15 was criminally detained by Yuhuatai Branch of Nanjing Public Security Bureau on suspicion of assisting in organizing prostitution, and was arrested on April/09 of the same year. He is currently being held in Yuhuatai District Detention Center in Nanjing. Defendant Ding, male, 1964, residing in Yuhuatai District, Nanjing. 20 1 1 03 15 was criminally detained by Yuhuatai Branch of Nanjing Public Security Bureau on suspicion of assisting in organizing prostitution, and was arrested on April/09 of the same year. He is currently being held in Yuhuatai District Detention Center in Nanjing. The Yuhuatai District People's Procuratorate of Nanjing accused defendants A and B of organizing prostitution, while defendants C and D assisted in organizing prostitution. X (20 1 1)。 They filed a public prosecution with our hospital on 20 1 1, and our hospital formed a collegial panel according to law to hear the case in private. The Yuhuatai District People's Procuratorate of Nanjing appointed a prosecutor to appear in court to support the public prosecution, and defendants A and B, their defenders and defendants C and D attended the proceedings. The trial is now over. The People's Procuratorate of Yuhuatai District, Nanjing accused that since September 2009, the defendants A and B (handled separately) have contracted the sauna leisure center located on the first floor to the third floor of XX Catering Co., Ltd. in Yuhuatai District, Nanjing at the price of 65,438 yuan +0.4 million yuan per year. In order to get high profits, the three organized a number of prostitutes in the sauna to provide sexual services to customers at the price of 100 yuan each time, and divided the proceeds of prostitution into 46% and arranged accommodation for prostitutes. At the same time, the defendants C and D were hired to be responsible for the daily management of prostitutes and the security door and alarm light device in the sauna room. The public prosecution agency produced the confessions and excuses of the defendants A, B, C and D, the testimony of witnesses and others, the identification record, the list of seized items in the on-site inspection record, the process of arrival, accounting materials, the defendant's household registration information and other evidence. The public prosecution agency believes that defendants A and B have controlled multiple prostitution by means of employment and shelter, and their actions have constituted the crime of organizing prostitution. Defendants C and D have helped others to organize prostitution, and their actions have constituted the crime of assisting in organizing prostitution. Shall be convicted and punished in accordance with the provisions of the first and third paragraphs of Article 358, the first paragraph of Article 361 and the first paragraph of Article 25 of the Criminal Law of People's Republic of China (PRC). Defendant A and his defenders objected to the accusation that the defendant committed the crime of organizing prostitution, and proposed that defendant A had no knowledge of his partner's behavior of organizing prostitution, and only had the subjective intention of allowing prostitution, which should constitute the crime of allowing prostitution. Defendant B and his defender have no objection to the alleged criminal facts and charges. The defender also pointed out that Defendant B played a minor role in the joint crime of * * * *, and showed the performance of surrender, confession and repentance. He usually performed well and asked for a mitigated punishment and a suspended sentence. Defendant c has no objection to the criminal facts and charges alleged in the indictment. Defendant D and his defenders have no objection to the criminal facts and charges alleged in the indictment. The defender suggested that the defendant had surrendered himself and had always performed well, requesting a lighter punishment. Through trial, we found that defendants A, B, C and D were all engaged in catering services. Defendants A and B, in the course of business operation, controlled many people's prostitution by means of employment and shelter, and their actions all constituted the crime of organizing prostitution. The Yuhuatai District People's Procuratorate of Nanjing accused defendants A and B of organizing prostitution, while defendants C and D assisted in organizing prostitution. The facts are clear and the evidence is true and sufficient. The court supports the conviction. Defendants A, B, C and D * * * committed intentional crimes, which are crimes with * * *. Defendant A and his defenders both pointed out that Defendant A was unaware of the partner's organization of prostitution, and subjectively only deliberately tolerated prostitution, which should constitute the crime of sheltering prostitution. After investigation, the confessions and witness testimony of defendants B, C and D confirmed that defendant A not only personally interviewed prostitutes, explained the precautions for prostitution, but also participated in account management and paid the wages of prostitutes, knowing that XX Sauna Center arranged and managed the accommodation and prices for prostitution in a unified way. Its subjective intention and objective behavior meet the constitutive requirements of organizing prostitution. The defense and defense opinions have no factual and legal basis and will not be adopted by our court. Defendant A has a poor attitude of pleading guilty and repenting after being brought to justice, and has a bad record, so it should be considered as appropriate when sentencing. Defender of Defendant B suggested that Defendant B played a minor role in the same crime and had the plot of surrender. He has a good attitude of confession and repentance and usually behaves well. He asked for a mitigated punishment and a suspended sentence. During the trial, the public prosecution agency adopted the sentencing circumstances proposed by the defender, but considering the nature and circumstances of his crime, it is not appropriate to apply probation to him. Defender of defendant D suggested that D had surrendered himself and asked for a lighter punishment. After investigation, Defendant D and Defendant C were both arrested by the public security organs from the work site, and their arrest was not automatic and did not meet the conditions of surrender. However, after he was brought to justice, he confessed his crimes truthfully, which was a confession and was given a lighter punishment according to law. In order to maintain social management order and punish crimes, according to the provisions of Article 358 (1), Article 361 (1), Article 25 (1), Article 67 (1), (3), Article 52 and Article 53 of the Criminal Law of People's Republic of China (PRC), the verdict is as follows: Defendant A commits the crime of organizing prostitution and is sentenced. Defendant B was convicted of organizing prostitution, sentenced to three years and six months in prison and fined RMB 30,000. Defendant C was convicted of assisting in organizing prostitution, sentenced to two years' imprisonment and fined RMB 10,000. Defendant D was convicted of assisting in organizing prostitution, sentenced to two years' imprisonment and fined RMB 10,000. If you refuse to accept this judgment, you can appeal to the Intermediate People's Court of Nanjing City, Jiangsu Province through our court or directly within ten days from the second day of receiving the judgment. If a written appeal is filed, one original and two copies of the appeal shall be submitted. Yuhuatai District People's Court of Nanjing 20 1 1 year1October1/day