"If there is no on-site seizure, it is not a prostitute!" The old Yin prostitute in Tai'an, Shandong Province, was reported by others and sued the public security for revocation of the administrative punishment

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(Shanxi real-time information. Case)"Without on-site seizure, it is not a prostitute!" "In Tai'an, Shandong, bank employee Lao Yin, who was a prostitute 2 years ago, was found by the police through QQ number and detained for 15 days. Lao Yin was not satisfied, and filed a complaint to the court, requesting that the administrative punishment of the public security organ be revoked. (Case source: Shandong Tai'an Intermediate Court)

The facts of the case are relatively clear, two years ago in September, the police in the surprise inspection, the missing female Sun Mou, the introducer Wang Mou was seized and arrested, in order to be able to strive for leniency, the two truthfully confessed their illegal facts, and pointed out that 3 months ago, a man with the net name "Tropical Rainforest" and Sun Mou had an indecent relationship.

The police learned the QQ number of the "Tropical Rainforest" by investigating the QQ contact of the two people, but because the Rainforest was not online at the time of the crime, the police could not lock the specific identity of the man.

Two years later, when the local police station verified the old case, it learned that the man was a bank employee Lao Yin, so he summoned Lao Yin to the case, and in the face of police questioning, Lao Yin admitted the fact that he was prostituting, and pointed out that the transaction was carried out at a price of 200 yuan at that time, and in order to fix the evidence, the police also arranged for Lao Yin to identify the photo of the missing daughter Sun Mou.

At this point, the facts of the police determining that Lao Yin was a prostitute were clear and the evidence was sufficient.

According to article 66 of the Law on Punishment for administration of Public Security, "Whoever is in prostitution or prostitutes may be detained for 10-15 days and may be fined not more than 5,000 yuan; if the circumstances are less serious, he shall be detained for not more than 5 days, or fined not more than 500 yuan."

In the end, the police decided to give Lao Yin an administrative detention of 15 days and a fine of 500 yuan.

However, seeing that he was about to be detained, Lao Yin was momentarily panicked, and after knowing that he could not explain it to his family and unit, Lao Yin overturned his previous record and filed a complaint with the court, asking the court to revoke the administrative punishment of the public security organs.

Lao Yin's views are mainly as follows:

First, the facts of the public security organs' determination that they have violated the law are unclear and the evidence is insufficient. According to the provisions of mainland law, the perpetrator cannot be found guilty only by confessing and without other evidence.

In this case, because his child immediately took the college entrance examination, he wanted to go home as soon as possible, so he made a false record, and as for the identification record, it was obviously unreasonable, after all, after 2 years, in the case of only one side, how can he clearly identify the lost woman?

In the absence of other evidence, the public security organs concluded that there was illegal transaction between the two parties based solely on the confession of the woman who had lost her foot, which obviously did not conform to the law.

Second, to take a step back, even if you have engaged in prostitution, you have already passed the statute of limitations of the Public Security Administration Punishment Law.

According to article 18 of the Law on Punishment for Administration of Public Security, violations of the administration of public security that have not been discovered by the public security organs within six months shall not be punished.

In this case, according to the public security organ's determination, his illegal behavior had already passed the punishment period two years ago, so there was no legal basis for the public security organ's punishment.

In fact, in this case, to determine whether Lao Yin constituted a prostitute, it was mainly from two aspects, one to see whether the evidence was sufficient, and the other to see whether the statute of limitations had passed.

First of all, in terms of whether the evidence is sufficient, there are witness testimonies of Sun and Wang, and Lao Yin's own interrogation records and identification records are enough to form a complete chain of evidence and determine that Lao Yin has violated the law.

Although Lao Yin claimed that his transcript was wrong, through the synchronous audio and video recording of the public security organs, it can be determined that Lao Yin's transcript is an expression of his true intention and can be used as evidence, so Lao Li's defense is not established.

Secondly, according to the Provisions of the Public Security Administration Punishment Law, if the illegal act is not discovered within 6 months, it will not be punished.

In this case, when the public security organs seized Sun and Wang, only three months later, lao Yin's behavior of prostitution was also discovered, but for objective reasons, it was not locked that the offender was Lao Yin, so the punishment period did not pass, and the punishment of the public security organs also met the basis.

In the end, the court found that Lao Yin's litigation claim was rejected after review, and Lao Yin also paid the price for his illegal behavior.

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