Provisions on sentencing standards for the crime of organizing the sale of Zl 2022

First, the criteria for filing the crime of organizing prostitution.

This crime is generally sentenced to fixed-term imprisonment of less than 6 years, and the heaviest is less than 12 years. China's criminal law is particularly heavy. When sentencing, we should pay attention to the legal expression, that is, sentencing should be light to high, and the death penalty should not be considered first. Because organizing three people more than three times can be defined as "the circumstances are particularly serious", which will lead to the problem of excessive application of the death penalty. Organization refers to the act of initiating and establishing prostitution groups or dens, centrally controlling scattered prostitution, and playing an organizational role in it. For example, scattered prostitutes are combined in series into a relatively fixed prostitution group, and organizations such as cafes, dance halls, restaurants, hotels and taxis are turned into places for prostitution or disguised prostitution. , are relatively common organization prostitution.

The above three acts of organizing, planning and directing are all organized prostitution, which is obviously organized. As long as the perpetrator has one or more of them, it can be considered as organizing prostitution.

Article 358 of the Criminal Law Whoever organizes or forces others to engage in prostitution shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Whoever organizes or forces minors to engage in prostitution shall be given a heavier punishment in accordance with the provisions of the preceding paragraph. Whoever commits the crimes mentioned in the preceding two paragraphs and commits crimes such as murder, wounding, rape and kidnapping shall be punished in accordance with the provisions on combined punishment for several crimes. Whoever recruits or transports people or assists others in organizing prostitution for the purpose of organizing prostitution 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.