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2017-07-26 15:09:59在具有营业执照的会所、洗浴中心等经营场所担任保洁员、收银员、保安员等,从事一般服务性、劳务性工作,仅领取正常薪酬,且无前款所列协助组织卖淫行为的,不认定为协助组织卖淫罪。Those who serve as cleaners, cashiers, guards, and so forth, in business venues such as licensed clubs or bath houses, who engage only in normal service and labor type work, who only collect an ordinary salary, and who do not have the conduct of assisting the organization of prostitution provided for in the preceding paragraph, are not considered to be perpetrating the crime of assisting the organization of prostitution.2
2017-07-25 16:15:17根据刑法第三百五十八条第三款的规定,犯组织、强迫卖淫罪,并有杀害、伤害、强奸、绑架等犯罪行为的,依照数罪并罚的规定处罚。Where one commits the crime of organizing or compelling prostitution, while also carrying out homicide, infliction of harm, rape, kidnapping, or other such criminal acts, they shall be punished in accordance with provisions providing for cumulative punishment for multiple crimes.2
2017-07-25 16:10:22(三)协助组织境外人员在境内卖淫或者协助组织境内人员出境卖淫的;(3) Assisting in organizing foreign [non-mainland] persons for prostitution within mainland China or assisting in organizing mainland persons to leave the mainland for prostitution;1187
2017-07-25 16:08:57协助组织卖淫行为人参与实施上述行为的,以共同犯罪论处。Where actors assisting in organizing prostitution participate in the commission of aforementioned acts, it is to be treated as a joint crime.1187
2017-07-25 16:07:48明知他人实施组织卖淫犯罪活动而为其招募、运送人员或者充当保镖、打手、管账人等的,依照刑法第三百五十八条第四款的规定,以协助组织卖淫罪定罪处罚,不以组织卖淫罪的从犯论处。Those clearly knowing that others are perpetrating criminal acts of organizing prostitution, and recruiting or transporting people for them, or serving as a bodyguard, thug, bookkeeper, or so forth for them, are to be convicted and punished for the crime of assisting the organization of prostitution in accordance with paragraph four of Criminal Law article 358, and it is not considered being an accessory to the crime of organizing prostitution.2
2017-07-25 16:01:10根据刑法第三百五十八条第二款的规定,组织、强迫未成年人卖淫的,应当从重处罚。Where one organizes or compels juveniles into prostitution, they shall be given a heavy punishment in accordance with the provisions of paragraph 2 of Criminal Law article 358.1187
2017-07-25 15:59:31(六)非法获利人民币一万元以上的;(6) Where the illegal profits were 10,000 RMB or more;1187
2017-07-25 15:56:30其它性病是否认定为“严重性病”,应当根据《中华人民共和国传染病防治法》《性病防治管理办法》的规定,在国家卫生与计划生育委员会规定实行性病监测的性病范围内,依照其危害、特点与梅毒、淋病相当的原则,从严掌握。Whether other sexually transmitted diseases are identified as "serious STDs", shall be strictly understood on the basis of the "People's Republic of China Law on the Prevention and Control of Communicable Diseases" and the "STD Prevention and Management Measures"; within the scope of STDs subject to STD monitoring as provided for by the National Health and Family Planning Commission; and in accordance with the principle that their harm and characteristics are commensurate with those of syphilis and gonorrhea.1187
2017-07-25 15:54:53刑法第三百六十条规定所称的“严重性病”,包括梅毒、淋病等。"Serious STDs" as provided for in Criminal Law article 360 include syphilis, gonorrhoea, and so forth.1187
2017-07-25 15:54:15传播性病行为是否实际造成他人患上严重性病的后果,不影响本罪的成立。Whether acts spreading STDs actually caused others to contract serious STDs does not affect the establishment of the crimes.1187
2017-07-25 15:54:08(二)根据本人的知识和经验,能够知道自己患有严重性病的;(2) Where one is able to know that he has a serious STD based on his knowledge and experience;1187
2017-07-25 15:54:02(一)有证据证明曾到医院或者其他医疗机构就医或者检查,被诊断为患有严重性病的;(1) Where there is evidence proving that one has sought medical advice or undergone examinations at a hospital or other medical establishment, and was diagnosed with serious STD(s);1187
2017-07-25 15:53:51(二)引诱三人以上的未成年人、孕妇、智障人员、患有严重性病的人卖淫,或者引诱、容留、介绍五人以上该类人员卖淫的;(2) Where enticing three or more juveniles, pregnant women, persons with intellectual disabilities, or persons with serious STDs into prostitution; or where enticing, sheltering, or brokering prostitution of five or more such persons into prostitution;1187
2017-07-25 15:53:32(三)容留、介绍未成年人、孕妇、智障人员、患有严重性病的人卖淫的;(3) Sheltering or brokering prostitution of juveniles, pregnant women, persons with intellectual disabilities, or persons with serious STDs;1187
2017-07-25 15:53:24(二)招募、运送的卖淫人员中未成年人、孕妇、智障人员、患有严重性病的人累计达五人以上的;(2) Where a total of five or more of the recruited or transported prostitutes are juveniles, pregnant, persons with intellectual disabilities, or persons with serious STDs;1187