Law on com­pelled pros­ti­tu­tion clar­i­fied

China Daily (Hong Kong) - - TOP NEWS - By ZHANG YI zhang_yi@chi­nadaily.com.cn

An in­ter­pre­ta­tion on Crim­i­nal Law pro­vi­sions was re­leased on Sun­day, set­ting the rules for court tri­als re­gard­ing the crime of com­pelling pros­ti­tu­tion.

The Supreme Peo­ple’s Court and the Supreme Peo­ple’s Procu­ra­torate, China’s top court and pros­e­cu­tion agency, jointly is­sued the le­gal in­ter­pre­ta­tion, mak­ing clear that forc­ing chil­dren un­der age 14 into pros­ti­tu­tion is cat­e­go­rized as a “se­ri­ous vi­o­la­tion” un­der the crime of com­pelling pros­ti­tu­tion.

The stip­u­la­tion un­der­scored that the sever­ity of the vi­o­la­tion does not re­quire mul­ti­ple chil­dren be­ing forced into pros­ti­tu­tion. The in­ter­pre­ta­tion stip­u­lated that the act con­sti­tutes a se­ri­ous vi­o­la­tion as long as a child un­der age 14 is com­pelled to be a pros­ti­tute.

Un­der China’s Crim­i­nal Law, se­ri­ous vi­o­la­tions of com­pelling pros­ti­tu­tion are pun­ish­able by 10 years to life in prison.

Ac­cord­ing to an of­fi­cial of the Crim­i­nal Ad­ju­di­ca­tion Tri­bunal No 4 at the Supreme Peo­ple’s Court, the in­ter­pre­ta­tion was is­sued to pro­tect vul­ner­a­ble groups such as mi­nors, preg­nant women and peo­ple who are in­tel­lec­tu­ally im­paired.

“The in­ter­pre­ta­tion also made a dis­tinc­tion be­tween lur­ing peo­ple into pros­ti­tu­tion and pro­vid­ing places for or in­tro­duc­ing peo­ple to pros­ti­tu­tion,” said the of­fi­cial who did not wish to be iden­ti­fied.

Lur­ing a per­son to en­gage in pros­ti­tu­tion con­sti­tutes a crime, and pro­vid­ing places for or in­tro­duc­ing at least two peo­ple con­sti­tutes a crime.

The of­fi­cial said or­ga­niz­ing more than 10 peo­ple to pros­ti­tute and or­ga­niz­ing more than five peo­ple from vul­ner­a­ble groups or who have vene­real dis­eases con­sti­tute se­ri­ous vi­o­la­tions of the crimes of or­ga­niz­ing or com­pelling pros­ti­tu­tion.

Ac­cord­ing to the in­ter­pre­ta­tion, those who have AIDS are likely to face se­vere penal­ties if they trans­mit­ted the dis­ease to oth­ers through pros­ti­tu­tion when they were aware of their ill­ness, which should be con­sid­ered as the crime of in­ten­tional in­jury.

The doc­u­ment, which will take ef­fect on Tues­day, also stip­u­lated those who lure peo­ple into pros­ti­tu­tion, pro­vide places for pros­ti­tu­tion and in­tro­duce pros­ti­tu­tion could be con­victed of the crime even if they haven’t prof­ited from it.

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