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1991.09.04
STANDING COMMITTEE OF THE NATIONAL
PEOPLE'S CONGRESS DECISION OF THE STANDING
COMMITTEE OF THE NATIONAL PEOPLE'S
CONGRESS ON
THE STRICT PROHIBITION AGAINST
PROSTITUTION AND WHORING
(Adopted at
the 21st Meeting of the Standing Committee
of the Seventh
National People's Congress on September 4,
1991)
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 labor, 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 labor 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 business 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 whoring 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) beforehand
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. |
