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On the difference between the crime of prostitution and the temptation, detention and introduction of prostitution

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[Abstract]:
LawyerJiangHengye Onthedifferencebetweenthecrimeofprostitutionandthetemptation,detentionandintroductionofprostitution Fromtheobjectivemanifestationofthetwocrimes: 1,organizedcrimeofprostitutionintheob
Lawyer Jiang Hengye
 
On the difference between the crime of prostitution and the temptation, detention and introduction of prostitution
 
From the objective manifestation of the two crimes:
 
1, organized crime of prostitution in the objective performance of the perpetrators of the organization, planning, commanding the behavior of other people prostitution.
 
Organization, refers to the initiation, the establishment of prostitution groups or prostitution dens, the decentralized behavior of prostitution and control, and in which the role of organizational behavior. For example, the decentralized prostitutes are grouped together into a relatively fixed group of prostitutes, where cafe, dance halls, hotels, hotels, taxis and other organizations become prostitutes or disguised sites, and so on, that is, the more common organizational prostitution behavior.
 
Planning refers to the organization of prostitution activities for planning arrangements, the development of plans. Such as the organization of plans for the organization of prostitution groups, the development of specific programs, the act of prostitution of women, and the choice of time, place and design of camouflage sites for the establishment of prostitution dens. Planning behavior is an important staff decision-making behavior for the organization, for the completion of a specific crime has an important role, and thus is an important generalized organizational behavior.
 
Command, refers to the behavior of the people in the implementation of other activities in the organization of prostitution, command, such as the actual command, command, scheduling the implementation of prostitution activities. Directive is the direct implementation of the planning program, the implementation of the intention of the organizers of the implementation of behavior, for the specific implementation of prostitution activities often have a direct role in the decision.
 
The above-mentioned organization, planning and commanding three acts are all acts of prostitution, which are obviously organized. As long as the perpetrator has one or several kinds of acts, it can be determined that the organization of prostitution.
 
The specific means of organizing other people's prostitution are mainly recruiting, hiring, compelling, luring, and accommodating.
 
Recruitment refers to the act of collecting or reciting voluntary prostitutes into prostitution or other prostitution. Employment refers to the employment of voluntary prostitutes on a condition of investment to participate in prostitution or other organized prostitution. Forced, refers to violence, coercion or other means, forcing or forcing unwilling to be prostitutes or unwilling to participate in prostitution organizers and to participate in prostitution groups and other prostitution organizations, forcing unwilling prostitutes to carry out organized prostitution. Attraction refers to the use of money, property, hue as bait, to induce others to participate in prostitution groups or other prostitution organizations, or to induce others to participate in other organized prostitution activities. Accommodation is the inclusion of voluntary prostitution in prostitution or other prostitution, or participation in organized prostitution.
 
The above five specific means, can be cross-use at the same time, it can be used only one or several, do not affect the establishment of this crime.
 
2, lure, stay, introduce the crime of prostitution in the objective aspects of the performance of the lure, stay, introduce the behavior of others prostitution.
 
Lure, refers to the perpetrator of the use of money, material interests or non-material interests of bait, or take other means to draw, seduce, persuade, encourage, temptation, instigate others engaged in prostitution activities. As for the act of lodging of the perpetrator is carried out in words, words, actions, pictures or other means, has nothing to do with the establishment of this crime, whether the contents of the seductor promised to achieve, by whom to achieve, does not affect the establishment of this crime.
 
Tolerance refers to the act of providing a place or other convenient condition for the perpetrator of prostitution. The place referred to here refers to the place where the perpetrator arranges for the prostitution of another person or other designated place. Such as the long-term residence of the perpetrator, the temporary rental of the house or the deceitful means of borrowing friends and family and other places and places. It is important to note that the places here are not limited to houses, but other places such as cars, ships and other vehicles can also be used as a place to provide. The provision of other facilities here means that the perpetrator provides the necessary items, utensils and other conditions for the prostitution of others, such as prostitution for others. As for the behavior of the perpetrator is active, or should the prostitutes or clients please implement, does not affect the establishment of this crime; hold the length of time, whether the profit, nor ask.
 
Introduction refers to the prostitution and prostitutes between the matchmaking, communication match, so that other prostitution activities to achieve the behavior, commonly known as "pimp". In practice, the introduction of the way more performance for the two-way introduction, such as the prostitutes are introduced to the client, or the prostitutes get prostitutes living in person match, but does not exclude one-way introduction, such as simply to provide information to prostitutes, Who go to hook their clients.
 
We can see the objective performance of the two crimes are introduced, such as tolerance behavior, then how to distinguish between two crimes?
 
I think that the distinction between the two charges is the fundamental difference between the defendant's prostitution and prostitution activities of the intervention, whether the control of prostitution and prostitution activities is the fundamental difference between the two crimes. "Control" includes control of prostitution and control of prostitution. Restricting the personal freedom of prostitutes, restricting or prohibiting prostitutes from communicating with the outside world, detaining certificates, detaining articles such as luggage, property and other prostitutes, so that prostitutes have to continue their prostitution and belong to the control of prostitutes. It is a matter of control over the activities of prostitution in order to arrange, arrange, dispatch, assign, and prostitutes for prostitution, prostitutes and prostitution.