Lawyer's character

"What kind of job does your old Hu do?" Yu Wendong felt that the other party seemed to be hiding something, but he couldn't ask deeply about the secret behind it.

"Our family owns a clothing store. We and I are working on some clothing and are self-employed." He Yan replied.

"Did your lover, Lao Hu, receive any money? During the introduction process." Yu Wendong asked.

"I don't know about this. I only know this much, and I don't know the specific situation. Lawyer Yuwen, this kind of thing usually doesn't involve a fine, but a few days of imprisonment and it will be fine? Why did our old Hu still commit a crime?" He Yan asked in confusion.

"Ms. He, what you just said about finding a girl is actually an introduction to selling Y, commonly known as "pimping", which refers to the matchmaking, communication and matchmaking between sellers of Y and P customers, so as to promote others to sell Y, that is, "X transaction" ” behavior that is realized.

Paragraph 1 of Article 359 of the Criminal Law stipulates the crime of introducing prostitution. At the same time, Article 67 of the "Public Security Administration Punishment Law" also stipulates: Anyone who induces, tolerates or introduces others to prostitution shall be detained for not less than ten days but not more than fifteen days, and may also be fined not more than 5,000 yuan; if the circumstances are relatively minor, he shall be fined not more than 5,000 yuan. Detention for not more than five days or fine not more than 500 yuan.

According to the above provisions, introducing others to sell Y may be a general illegal act or a criminal act. How to characterize it depends on the specific circumstances of the case. "Yu Wendong explained.

Yu Wendong was very nervous. Fortunately, he had handled a similar case before following his master, and he still remembered the relevant regulations.

"Then... Our Lao Hu has only introduced me four times in total. Will he be sentenced?" He Yan asked nervously.

"On June 25, 2008, the Supreme People's Procuratorate and the Ministry of Public Security promulgated the "Regulations on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (1)", Article 78 stipulates: luring, harboring, or introducing others to prostitution is suspected of the following A case should be filed for prosecution under one of the following circumstances: (1) Seducing, accommodating, or introducing two or more people into prostitution...

Judging from the above-mentioned filing and prosecution standards, if you introduce others to sell Y2 or more, a criminal case will be filed to hold the perpetrator criminally responsible.

Your husband has introduced others to sell Y a total of four times, which has reached the standard for filing a criminal case, so the case will be filed and his criminal responsibility will be investigated in accordance with the law. "Yu Wendong explained.

"Then how many years will our old Hu be sentenced?" He Yan's eyes were a little panicked.

"It depends on whether his behavior constitutes a 'serious circumstance.'" Yu Wendong said.

"What is the criterion for judging serious circumstances?" The third brother sat aside and listened, and suddenly interjected and asked.

"Previously, Article 7 of the "Previous Answers of the Supreme People's Court and the Supreme People's Procuratorate on Several Questions Regarding the Implementation of the "Decision of the Standing Committee of the National People's Congress on Strictly Prohibiting Prostitution" stipulates that those who seduce, tolerate, or introduce others to prostitution, if the circumstances are serious, shall generally There are the following situations: (1) Seducing, harboring, and introducing others to prostitution for many times; (2) Seducing, harboring, and introducing multiple people into prostitution; (3) Seducing, harboring, and introducing people into prostitution who knowingly have serious sexually transmitted diseases ; (4) Accommodating and introducing young girls under the age of fourteen into prostitution; (5) Luring, accommodating and introducing others into prostitution with other serious circumstances.

Article 9 of this answer stipulates that the 'many' in 'many people' and 'many times' in this answer refers to numbers above 'three' (including the original number)..." Before Yu Wendong could finish speaking, the third brother started talking. I took it.

"According to your wishes, Lao Hu introduced me four times, which constitutes a serious plot!" The third brother looked at Yu Wendong.

"Not necessarily. The "Answers to Several Issues Concerned by the Supreme People's Court and the Supreme People's Procuratorate regarding the Implementation of the "Decision of the Standing Committee of the National People's Congress on Strictly Prohibiting Prostitution" that I just mentioned was abolished on January 18, 2013.

At present, there are no laws and regulations that clearly stipulate the standard of "serious circumstances", but it cannot be considered that after the above answer is expressly repealed, the crime of introducing prostitution will not have serious circumstances.

Before the release of new judicial interpretive documents, courts will generally refer to the "Regulations of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (1)" (Gongtongzi [2008] No. 36) No. 7 According to the provisions of Article 18, if more than 10 people are introduced to sell Y, it is a 'serious circumstance' stipulated in the first paragraph of Article 359 of the Criminal Law. "Yu Wendong explained.

(Note: In July 2017, the Supreme People's Court and the Supreme People's Procuratorate issued the "Interpretation on Several Issues Concerning the Application of Laws in Criminal Cases of Organizing, Coercing, Luring, Accommodating, and Introduction of Prostitution" (Fa Interpretation [2017] No. 13). This interpretation Effective from July 25, 2017.

Article 8 of this interpretation stipulates that it is a crime to introduce two or more people to sell sex. Whether the purpose of luring, harboring, or introducing others to sell Y is for profit does not affect the establishment of the crime.

Article 9 of the Interpretation stipulates that those who seduce more than five people or seduce, accommodate, or introduce more than ten people into prostitution shall be deemed to be "serious" as stipulated in the first paragraph of Article 359 of the Criminal Law.

Interested book friends can view the explanation online. )

"Lawyer Yuwen, whether the circumstances are serious or not, how much impact does it have on our Lao Hu's case?" He Yan looked at Yuwendong eagerly.

“According to the provisions of Article 359 of the Criminal Law, anyone who introduces others to prostitution shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or 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 shall also be fined.

Whether the circumstances are serious or not is directly related to sentencing, and five years is a hurdle. "Yuwendong replied.

"Oh my god, how many years is the sentence?" He Yan said in surprise.

"So according to what you said, your lover Hu Huai should be guilty of introducing prostitution, and will most likely be sentenced to less than five years, but the specific number of years depends on the specific circumstances of the case." Yu Wendong said.

"Third brother, Sister He, this case has been explained in detail. Since we don't know the specific details of the case now, Lawyer Yuwen can only explain so much.

I suggested that Sister He entrust Lawyer Yuwen to go to the detention center to meet with Hu Huai, ask about the specific situation, and then come back to discuss the subsequent defense plan. What do you think? "Dabao started to promote orders.

"Lawyer Yuwen, how many years have you been practicing?" He Yan looked at Yuwendong. She did intend to entrust him, but she felt that the male lawyer in front of her was a bit young and she was not reassured. After all, it was about her husband's personal freedom.

"I now work at Sidley Law Firm. If you are worried, I can recommend your case to my master, lawyer Meng Guangda, who will defend your husband." Yu Wendong is feeling uncomfortable now. He does not have a lawyer's license yet. After being issued, even if the client trusts him, he will not be able to handle the case. (End of chapter)