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全国人民代表大会常务委员会关于严禁卖淫嫖娼的决定 DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS ON THE STRICT PROHIBITION AGAINST PROSTITUTION AND WHORING

2006-05-17 14:48   我要纠错 | 打印 | 收藏 | | |

(Adopted at the 21st Meeting of the Standing Committee of the Seventh National People's Congress on September 4, 1991, promulgated by Order No. 51 of the President of the People's Republic of China on September 4, 1991, and effective as of September 4, 1991)(Editor's Note: In accordance with the provisions of Article 452 of the Criminal Law of the People's Republic of China revised at the Fifth Session of the Eighth National People's Congress on March 14, 1997, and effective on October 1, 1997, the provisions regarding administrative penalties and administrative measures in this Decision shall continue to be in force and the provisions regarding criminal liability have been incorporated into the revised Criminal Law)
颁布日期:19910904  实施日期:19910904  颁布单位:全国人大常委会

  With a view to strictly prohibiting prostitution and whoring and severely punishing criminals who organize, force, lure. shelter or procure any other person or persons to engage in prostitution, so as to maintain the public security order and good social morale, the relevant provisions of the Criminal Law are supplemented or amended as follows:

  1. Whoever organizes any other persons or persons to engage in prostitution shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall concurrently be punished with a fine of not more than 10,000 yuan or confiscation of property; and if the circumstances are especially serious, the offender shall be sentenced to death, with the concurrent punishment of confiscation of property.

  Whoever assists in organizing any other person or persons to engage in prostitution shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years, and shall concurrently be punished with a fine of not more than 10,000 yuan; and if the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than ten years with the concurrent punishment of a fine of not more than 10,000 yuan or confiscation of property.

  2. Whoever forces any other person or persons to engage in prostitution shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years, and shall concurrently be punished with a fine of not more than 10,000 yuan; under any of the following circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment with the concurrent punishment of a fine of not more than 10,000 yuan or confiscation of property; and if the circumstances thus involved are especially serious, the offender shall be sentenced to death, and shall concurrently be punished with confiscation of property:

  (1) forcing a girl under the age of fourteen to engage in prostitution;

  (2) forcing many persons to engage in prostitution or forcing any other person to engage in prostitution for many times;

  (3) forcing the victim to engage in prostitution after raping her;

  (4) causing serious bodily injury, death or other severe consequences on the part of the person being forced to engage in prostitution.

  3. Whoever lures, shelters or procures any other person or persons to engage in prostitution shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall concurrently be punished with a fine of not more than 5,000 yuan; if the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than five years, and shall concurrently be punished with a fine of not more than 10,000 yuan; and if the circumstances are relatively minor, the offender shall be punished in accordance with the provisions in Article 30 of the Regulations on Administrative Penalties for Public Security.

  Whoever lures a girl under the age of fourteen to engage in prostitution shall be punished in accordance with the provisions on forcing girls under the age of fourteen to engage in prostitution prescribed in Article 2 of this Decision.

  4. Whoever engages in prostitution or whoring shall be punished in accordance with the provisions in Article 30 of the Regulations on Administrative Penalties for Public Security.

  With respect to persons who engage in prostitution or whoring, the public security organs in conjunction with departments concerned may, at a designated place, carry out compulsive education in law and morality and force them to participate in productive labour, in order to rid them of the pernicious habits. The term thereof shall range from six months to two years. The specific measures shall be formulated by the State Council.

  Persons who, after being dealt with by the public security organs, engage in prostitution or whoring again, shall be given reeducation through labour and punished by the public security organs with a fine of not more than 5,000 yuan.

  All persons who engage in prostitution or whoring shall be forced to go through venereal disease inspection. Persons suffering from venereal diseases shall be given compulsory medical treatment.

  5. Whoever suffering from serious venereal diseases such as syphilis and gonorrhea knowingly engages in prostitution or whoring shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance, and shall concurrently be punished with a fine of not more than 5,000 yuan.

  Whoever whores with a girl under the age of fourteen shall be punished in accordance with the provisions on the crime of rape as prescribed in the Criminal Law.

  6. Any personnel of a unit in the trade of hotel, catering or entertainment, or in taxi service, who, by taking advantage of his or her work unit, organizes, forces, lures, shelters or procures any other person or persons to engage in prostitution, shall be punished in accordance with the provisions in Article 1, or Article 2 or Article 3 of this Decision.

  If any leading personnel of the units listed above commits any act specified in the preceding paragraph, he or she shall be given a heavier punishment.

  7. Where any unit in the trade of hotel, catering or entertainment, or in taxi service takes a laissez-faire attitude as to activities of prostitution or whoring taking place in the unit per se and fails to take any measure to stop them, the public security organ shall impose on the unit a fine of not less than 10,000 yuan but not more than 100,000 yuan, and may also order the unit to make consolidation within a definite period or to suspend husiness for purposes of consolidation. If it fails to make rectification after consolidation, the competent department for industry and commerce shall revoke its business license. The person or persons directly in charge and other persons held directly responsible shall be given administrative sanctions by the unit or by the competent departments at higher levels, and punished by the public security organ with a fine of not more than 1,000 yuan.

  8. Where any leading personnel, staff member or worker of a unit in the trade of hotel, catering or entertainment, or in taxi service conceals the true situations or provides information for law-breaking offenders and criminals when the public security organ investigates or deals with activities of prostitution or whoring, he or she shall be punished in accordance with the provisions in Article 162 of the Criminal Law.

  9. Where any State functionary charged with the duty of investigating and prohibiting prostitution and who ring provides information and conveniences for law-breaking offenders and criminals for the purpose of helping them escape from punishment, he or she shall be punished in accordance with the provisions in Article 188 of the Criminal Law.

  Whoever commits the crime mentioned in the preceding paragraph and conspires with the criminal(s) before hand shall be deemed as committing a joint crime and punished as such.

  10. The illegal incomes gained from organizing, forcing, luring, sheltering or procuring any other person or persons to engage in prostitution and from prostitution shall be confiscated.

  All the incomes from fines and confiscations shall be turned over to the State Treasury.

  11. This Decision shall enter into force as of the date of promulgation.

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