1. Is whoring illegal or criminal?
Whether whoring is a crime or not cannot be generalized. Under normal circumstances, whoring is an illegal act, which violates the first paragraph of Article 30 of the Regulations on Administrative Penalties for Public Security. "Prostitution, whoring and whoring are strictly prohibited, and it is strictly forbidden to introduce or shelter prostitution and whoring. Offenders shall be detained for less than 0/5 days/kloc, given a warning, ordered to make a statement of repentance or carry out reeducation through labor according to regulations, and may be fined less than 5,000 yuan; If it constitutes a crime, criminal responsibility shall be investigated according to law. " However, under the following special circumstances, whoring is a criminal act:
1, whoever whores with a young girl under 14 years old shall be punished as rape.
2. Whoever knows that it is a serious venereal disease such as syphilis and gonorrhea shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance, and shall also be fined not more than 5,000 yuan.
Second, what kind of punishment will prostitutes receive?
1, types and basis of punishment
(1) Administrative punishment-detention and fine.
Article 66 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment stipulates that "anyone who engages in prostitution or whoring shall be detained for more than 10 days and less than 15 days, and may be fined not more than 5,000 yuan; If the circumstances are minor, they shall be detained for not more than five days or fined not more than five hundred yuan. Those who recruit prostitutes in public places shall be detained for not more than five days or fined not more than 500 yuan. "
(2) Administrative compulsory education-education lasts for six months to two years (at the discretion of the public security organ).
Legal basis: Article 7 of the Measures for the Education of Prostitutes and Whores stipulates that "Prostitutes and whores shall be punished in accordance with Article 30 of the Regulations of the People's Republic of China on Administrative Penalties for Public Security (Note: People's Republic of China (PRC) Law on Administrative Punishment for Public Security), and those who are not reeducation through labor may be decided by the public security organs".
At the same time, Article 9 of the Measures stipulates that "the period of receiving education is six months to two years. The date of receiving education is calculated from the date of implementation. "
2. Discretion of punishment.
Administrative law enforcement agencies have no discretion in deciding administrative penalties (detention and fines) and must apply them. Administrative law enforcement agencies all over the country basically strictly enforce them.
Administrative law enforcement organs have the discretion to apply or not to apply compulsory administrative education (six months to two years). Judging from the practice of administrative law enforcement, administrative compulsory education is basically applicable in Beijing, but generally not in other places outside Beijing.
3. Strive for a lighter punishment.
After the administrative counterpart is detained, before the decision on the punishment of detention education comes out, strive for the administrative law enforcement organs not to make a decision on detention education. For example, it is proved to law enforcement agencies that the administrative counterpart suffers from acute infectious diseases other than sexually transmitted diseases, is pregnant or breast-feeding his own baby under one year old, is trafficked, forced into prostitution, or is under fourteen years old. , may not be qualified for entrance education.
After the decision on the punishment of detention education is made, the administrative counterpart can terminate the detention education in advance by actively performing it.
In the practice of administrative law enforcement in Beijing, the administrative law enforcement organs can be exempted from receiving education by other means, and after making a decision to receive education, they can cancel receiving education in advance.
Legal basis:
Criminal Code of People's Republic of China (PRC):
The second part specifies that
Chapter VI Crime of Disturbing Social Management Order
Section 8 Crime of organizing, forcing, luring, sheltering and introducing prostitution Article 362 Personnel of hotels, catering services, cultural entertainment, taxis and other units tipped off criminals when the public security organs investigated and dealt with prostitution and whoring activities. If the circumstances are serious, they shall be convicted and punished in accordance with the provisions of Article 310 of this Law.