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Legal signs of the crime of containing prostitution?
The crime of harboring prostitution is specified in Article 327 of the 2015 Penal Code.

Audience:

The crime of harboring prostitution is an offense against morality, fine customs and traditions, cultural life, social order and security.

Objective side:

The offender commits only one act, which is the act of harboring prostitution with various tricks such as: Using, renting, leasing or borrowing, lending the location and means to make the purchase. prostitution, prostitution.

When determining an offense containing prostitution in some cases, attention should be paid to:

Containing prostitution is containing the purchase of sex, selling sex, that is, there must be both a buyer and a seller and two people have to perform sexual intercourse, because prostitution is an act of intercourse of one person with another to get paid. money or other material benefits while buying sex is the act of using money or other transportation benefits to pay a sex worker to have sex.

If only sex workers (prostitutes) are housed and the purchase and sale of sex is carried out at a place other than the place where the sex workers live, the person who acts as a shelter for sex workers shall not commit the crime of harboring prostitution; If a person who has a place to rent a prostitute introduces him to a sex buyer, the act of "introduction" is an act of prostitution brokerage.

The locations where the offenders use, rent, lease or borrow or lend to perform the purchase and sale of sex are quite diverse; maybe just a boat (boat); a tent, a small room in a cafe, a bathroom, a toilet, a car cabin, etc.

Means that offenders use, rent, lease or borrow or lend to conduct sex purchase or sale, although not locations, but serve for prostitution, such as beds, mats, blankets curtains, towels, aphrodisiacs, etc.


In case of providing contraceptives such as condoms and birth control pills to sex workers, it is necessary to distinguish: If they know that there is prostitution and provide them, they will be considered as containing prostitutes, if they know they are girls. sex workers who provide birth control pills or condoms, and where prostitution is performed at any time without the knowledge of the condom supplier, is not considered prostitution.

gai goi thanh hoa of containing two same-sex people for them to have sex with each other is not considered an act of containing prostitution because there is no sexual intercourse.

In case the owner or manager of a hotel, inn, etc., calls a prostitute to their guests so that they can buy and sell sex at the hotel, inn, etc., which is owned, possessed or managed by the caller. then that person is only criminally responsible for the "crime of containing prostitution".

In case the owner or manager of a hotel, inn, etc. has just called a prostitute to the guest so that they can buy and sell sex at the hotel, inn, etc., under the ownership, possession or management of the caller. If a prostitute even calls another prostitute for another client to buy sex for them to carry out the sale and purchase of sex at another place, that person must be criminally responsible for "crime of harboring prostitution" and "crime of brokering prostitution".

Consequence

For the crime of containing prostitution, the consequences are not a mandatory sign of the crime. However, if causing serious, very serious or particularly serious consequences, depending on the case, the offenders shall be examined for penal liability according to Clauses 2, 3 or 4 of the Law.

Subject:

Any person with criminal capacity. According to the provisions of Article 12 of the Penal Code, persons aged full 14 years to under 16 years must bear penal liability for crimes in the cases specified in Clauses 2, 3 and 4 of the Law. bear penal liability for this crime regardless of the circumstances specified in any clause of the law.

Subjective side:

The crime of harboring prostitution is committed with a direct willful error.

Some aggravating circumstances frame the crime of containing prostitution
- Organized: Committing the crime of harboring organized prostitution is a form of accomplices to harboring prostitution with close collusion between people who jointly commit the crime (Clause 2, Article 17 of the Penal Code 2015).
- Forced prostitution: Forced prostitution is a case of forcing others to sell sex against their will.
- Committing the crime twice or more: According to the guidance in Section 4 of Resolution No. 01/2006/NQ-HDTP dated May 12, 2006 of the Judges' Council of the People's Court of the People's Court: "Only the "repeated offense" circumstance applies. against a prostitute when falling into one of the following cases:
a) Contain prostitution (regardless of whether at one place or at different locations) where a couple or more couples trade in different sex twice or more for different periods of time (regardless of the length of time). or short);
b) Containing two or more independent sex workers in the same time period;
c) Containing a single-person prostitute who deals in sex with two or more people for different periods of time.
- Dangerous recidivism: According to the provisions of Clause 2, Article 53 of the Penal Code, an offender of prostitution is considered a dangerous recidivism if:
1) Has been convicted of harboring prostitution (according to Clauses 2, 3, 4, Article 327 of the Penal Code), has not yet had his criminal record cleared, but commits the crime of harboring prostitution (according to Clauses 2, 3, 4, Article 327);
2) Having re-offended, not yet entitled to criminal record remission, but commits a crime again

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