Lawyer

"What does your old Hu do?" Yu Wendong felt that the other party seemed to be hiding something, but it was not easy to ask the secret behind it.

"Our family opened a clothing store, and we are self-employed." He Yan replied.

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

"I don't know about this. I only know so much, and I don't know the specific situation. Lawyer Yuwen, this kind of thing is usually not a fine, and it will be fine after a few days of detention? Why is our old Hu still committing a crime?" He Yan asked puzzled.

"Ms. He, what you just said about looking for a lady is actually introducing a seller of Y. Commonly known as "pimping", it refers to the activity of connecting and matching between Y sellers and P customers, so as to promote others to sell Y, that is, "X transaction." "behavior that is achieved.

The first paragraph of Article 359 of the "Criminal Law" stipulates the crime of introducing prostitution.At the same time, Article 60 of No. 5000 of the "Public Security Management Punishment Law" also stipulates that anyone who lures, shelters, or introduces others to prostitution shall be detained for not less than [-] days but not more than [-] days, and may be fined not more than [-] yuan; Detention below [-] yuan or fined below [-] yuan.

According to the above regulations, 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 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 2008, 6, 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 (25)" No. 70, which stipulates: luring, harboring, or introducing others to prostitution is suspected of the following circumstances A case should be filed for prosecution: ([-]) Those who seduce, accommodate, or introduce two or more people into prostitution...

Judging from the above-mentioned standards for filing and prosecuting, if someone introduces others to sell Y2 more than once, it will be regarded as a criminal case to investigate the perpetrator's criminal responsibility.

Your husband introduced others to sell Y for four times in total, which has reached the standard for filing a criminal case, so he was filed and investigated for criminal responsibility according to 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 'serious circumstances'." Yu Wendong said.

"What is the criterion for judging the seriousness of the plot?" The third brother sat aside and listened, and suddenly interrupted and asked.

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

Article [-] of the answer stipulates that the "many" in "many people" and "multiple times" in this answer refer to numbers above "three" (including the original number)..." Yu Wendong hadn't finished speaking, and the third brother interrupted I took it.

"According to what you said, Lao Hu introduced it four times, which constitutes a serious plot!" The third brother looked at Yu Wendong. "Not necessarily, the "Answers to Several Questions of the Supreme People's Court and the Supreme People's Procuratorate Concerning the Implementation of the Decision of the Standing Committee of the National People's Congress Concerning the Strict Prohibition of Prostitution and Whoring" that I just mentioned was abolished on January 2013, 1.

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-mentioned answer is abolished, there will be no serious circumstances in the crime of introducing prostitution.

Before the release of new judicial interpretation documents, courts will generally refer to the "Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecuting Criminal Cases Under the Jurisdiction of Public Security Organs (2008)" (Gong Tong Zi [36] No. 70) No. According to the provisions of Article 10, if the number of people who introduced and sold Y reached more than 359, it was considered as "serious circumstances" stipulated in the first paragraph of Article [-] of the Criminal Law. " Yu Wendong explained.

（注：2017年7月，最高人民法院、最高人民检察院出台《关于办理组织、强迫、引诱、容留、介绍卖淫刑事案件适用法律若干问题的解释》（法释〔2017〕13号），该解释自2017年7月25日起施行。

Article [-] of the interpretation stipulates that introducing two or more people to sell Y constitutes a crime.Whether the purpose of luring, retaining, and introducing others to sell Y is for profit does not affect the establishment of a crime.

Article 359 of the Interpretation stipulates that anyone who lures more than five people or lures, shelters, or introduces more than ten people to sell Y should be deemed as "serious circumstances" as stipulated in the first paragraph of Article [-] of the Criminal Law.

Interested readers can view the explanation on the Internet. )
"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 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 shall also be fined.

Whether the circumstances are serious is directly related to sentencing, and five years is a hurdle. " Yu Wendong replied.

"Oh my god, how many years have you been sentenced?" He Yan asked in surprise.

"So according to what you said, your lover Hu Huai should constitute the crime of introducing prostitution. There is a high probability that he will be sentenced to less than five years, but the specific number of years will depend 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 in practice?" He Yan looked at Yu Wendong. 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 at ease. After all, it was related to her husband's personal freedom.

"I am working at Sidley Law Firm. If you are worried, I can recommend your case to my master, Meng Guangda, who will defend your husband." Yu Wendong is feeling uncomfortable now. Even if the client trusts him, he will not be able to handle the case. (end of this chapter)