Legal analysis
1, organizing others to engage in prostitution, the actual punishment should be determined according to the specific circumstances.
2. The crime of organizing prostitution stipulates that in Article 358 of the Criminal Law of People's Republic of China (PRC), there are two levels of sentencing. The first level is that you can be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and fined; If the circumstances are serious, a heavier punishment may be imposed, including fixed-term imprisonment of not less than 10 years or life imprisonment, and a fine or confiscation of property.
3. According to Article 2 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Prostitution, the number of people who organize prostitution has reached more than ten, or more than five of them are minors, pregnant women, disabled people or people suffering from serious sexually transmitted diseases, or people from abroad (including Hong Kong, Macao and Taiwan, foreigners and stateless people) are organized to engage in prostitution in People's Republic of China (PRC). Or organize domestic personnel to engage in prostitution outside People's Republic of China (PRC), or make a profit of more than one million yuan, or cause serious consequences such as self-mutilation and suicide of the prostituted person, the second judgment shall apply, and they shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.
legal ground
Article 358 of the Criminal Law of People's Republic of China (PRC), 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.
Article 2 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Organizing, Forcing, Seducing, Sheltering and Introducing Prostitution states that organizing others to engage in prostitution in any of the following circumstances shall be deemed as "serious circumstances" as stipulated in the first paragraph of Article 358 of the Criminal Law:
(a) The total number of prostitutes exceeds 10;
(two) more than five prostitutes, including minors, pregnant women, mentally retarded people and people suffering from serious sexually transmitted diseases;
(3) Organizing overseas personnel to engage in prostitution in China or organizing domestic personnel to engage in prostitution abroad;
(four) illegal profits of more than one million yuan;
(5) Organizing prostitution and causing self-mutilation, suicide or other serious consequences;
(six) other serious circumstances.