Lawyer's character

The company's requirements were a bit harsh, and the public relations personnel who were originally recruited were reluctant, but when they heard about the salary package, they all fell silent. Isn't it just for the money that comes out to work? No one should have trouble with money.

In fact, the company's system is very simple. After all public relations personnel are trained and qualified, they will be sent to designated entertainment venues. The public relations personnel's station fee is 200 yuan per time, and the private room fee is 100 yuan per person (paid by the guest). The private room will stay overnight. The fee is 150 yuan per person; the minimum appearance fee is 500 yuan per person.

If a guest takes the public relations staff away from the workplace for more than half an hour, the public relations staff can ask for an appearance fee and pay one hundred yuan; if the customer complains more than three times, the company will not only fine the public relations staff, but also remove them immediately; In case of violation of company regulations, the deposit will be fully refunded when the publicist leaves the company.

Public relations personnel must undergo physical examination and training before taking up the job, and must prepare their own tools before starting work; the company will call roll call at 2 pm, 8 pm and 4 am every day. Those who fail to do so will be fined 100 yuan.

The male PRs who were trained knew what they were doing as soon as they saw the company's system, but under the temptation of huge interests, they struggled repeatedly in their hearts, and after Liu Yeming's repeated brainwashing, they finally gave in. In fact, there are some people here who have eaten this bowl of rice before and were poached by Liu Yeming.

Now that everyone knows it well, Liu Yeming no longer keeps secrets, and instructs his two public relations leaders (old ducks) to manage public relations personnel, and introduces many public relations personnel to the entertainment venues where the company cooperates. Male customers, who bring the public relations staff to the hotel...

Why do some behaviors in this world continue to be banned? The fundamental reason is that there is still demand. With the development of society, many situations that are not in line with traditional moral concepts have appeared. This is the case in the company run by Liu Yeming.

In fact, Liu Yeming was inspired by his partner to embark on this path of no return, because his partner is an old glass, so he naturally knows many such circles. Most of the company's business is introduced by his partners.

At the beginning of this year, the public security organs accidentally discovered the business operated by Liu Yeming's company, so they set out to catch the big fish. After more than two months of investigation, they finally identified Liu Yeming and his partners, and made a sudden move two months ago. An arrest was made.

Liu Yeming and the key members of the company were imprisoned in the detention center, and were charged by the public security organs with organizing prostitution.

"The above is the basic situation of this case. The materials in your hands are consistent with the case I just introduced. Now I will give you thirty minutes to look at the materials in your hands, drink water and take a rest. We will analyze and discuss the case in a while." Assistant Siwen said to everyone. Smiled very professionally.

Fang Yi leaned on the chair, looked at the materials in his hand, and thought to himself: Mr. Liu is not also engaged in this industry, otherwise why would he spend so much money.

It is said to be a thirty-minute break, but in fact this is the time for the other party to show everyone the case materials for analysis. Everyone in the conference room understands that no one is really stupid enough to wander around and talk nonsense.

Thirty minutes passed quickly, and Assistant Sven spoke up: "You are all experts in the field of criminal law. We have a question to ask you. We all know that organizing women to engage in such unethical behavior constitutes the crime of organizing prostitution. . But the defendant in this case organized men to engage in X transaction, does this constitute the crime?"

"Let me tell you my opinion first." Fang Yi said to the fat lawyer opposite Fang Yi: "As far as I know, the Criminal Law and judicial interpretations do not stipulate whether organizing men constitutes the crime of organizing prostitution.

I just checked the dictionary on my mobile phone. According to the explanation of the electronic dictionary, "selling one's body" refers to the behavior of women selling one's body. However, the activities of the male "public relations personnel" involved in the case are not in line with this identity, and there is no clear definition in the law. Under the prescribed circumstances, I believe that the behavior of the defendant in this case does not constitute the crime of organizing Y-trafficking. "

The fat lawyer's idea is very simple. Since he is here, he must fight for it. If the defendant commits a crime in this case, he will most likely not be able to get the commission. Making money is the most important thing, and in the absence of clear provisions in the law, You can say whatever you want.

To put it bluntly, if there were clear legal provisions, the other party would not organize this meeting. So the fat lawyer wanted to give it a try. As for whether the defendant will be sentenced in the end and how many years he will be sentenced, it is not the scope of his consideration at this time.

Sometimes telling the truth is harder than telling lies!

At the table, the professor sitting drinking tea understood the fat lawyer's thoughts as soon as he heard it. He blew the tea in the tea cup with his mouth and did not speak in a hurry. He was thinking about the best plan, which not only had the possibility of getting the case entrustment, but also You won’t be blamed if you lose the case, but... it’s difficult!

After hearing this, the square-faced male lawyer frowned: "My opinion is that in September 1991, the National Council of Senior Officials issued the "Decision on Strictly Prohibiting the Sale of Sex for Prostitution."

In order to implement this decision and severely punish criminals who organize, force, seduce, shelter and introduce prostitution, in December 1992, the Supreme People's Court and the Supreme People's Procuratorate issued the "On the Implementation of the Standing Committee of the National People's Congress on Strictly Prohibiting the Sale of Prostitution for Prostitution". Answers to some questions about decision making.

The crime of organizing prostitution stipulated in Article 2 of the answer refers to the act of controlling many people to engage in prostitution by means of recruitment, employment, coercion, inducement, accommodation, etc. The "others" in this article, as can be easily seen from the legislative history of the crime of selling women for prostitution, should include both women and men.

Of course, the "Decision on Strictly Prohibiting the Sale of Yin for Prostitution" has now been absorbed by the current criminal law, and the effectiveness of the answer has ended.

Subsequently, the Supreme People's Court and the Supreme People's Procuratorate issued the "Interpretation on Several Issues Concerning the Application of Laws in the Criminal Cases of Organizing, Coercing, Luring, Accommodating, and Introduction of Prostitutes" (implemented on July 25, 2017)

Article 1 of the Interpretation stipulates that any person who manages or controls others to sell sex by means of recruitment, employment, gathering, etc., and if there are more than three people selling sex, shall be deemed as "organizing others to sell sex" as stipulated in Article 358 of the Criminal Law. Y'.

It can be seen that the previous answers and the following explanations all follow the same concept. The clause does not stipulate male or female, but uses "others", which means that regardless of whether the person being organized is male or female, as long as the above-mentioned behavior exists, it constitutes organizing others to sell Y. "

"However, what is 'selling Y'? Neither the criminal law itself nor relevant legislation nor judicial interpretations have clearly defined this. The definition itself is questionable. In this case, I think the common domestic dictionary interpretation should prevail. It can only be limited to women," the fat lawyer retorted.

"I don't think you can understand it that way," the square-faced male lawyer replied.

I’ll do three updates in this period, and I’ll release another one after I save some manuscripts! Thank you book friends for your strong support!