"We opened the house, but didn't do anything." In Putian, Fujian Province, a man brought a woman on the catwalk of a bar to a hotel to open a room. Five days later, the police placed the man in administrative detention for 10 days and fined him 50

"We opened the house, but didn't do anything." In Putian, Fujian Province, a man brought a woman on the catwalk of a bar to a hotel to open a room. Five days later, the police placed the man in administrative detention for 10 days and fined him 5,000 yuan. After the incident, the man was not satisfied, and took the public security organ to court, requesting that the administrative punishment be revoked.

(Case source: Putian Intermediate People's Court)

Wu went to the bar to drink, and Yu, who was interested in the catwalk, wanted to take him out to open the room.

Yu told Wu that they did not charge money, and if they wanted to take him out, they could give a wreath to the bar.

Therefore, Wu transferred a 5,000 yuan wreath to Yang Mou, the head of the bar marketing department, and took Yu to the hotel to open a room.

After Yu returned to the bar, Yang transferred 3,000 yuan to Yu on WeChat, and the remaining 2,000 yuan was used as a garland for Yu to recharge the bar.

Soon, the police discovered this new type of "prostitution", and five days later, Wu was arrested on suspicion of prostitution.

Article 66 of the Law on Punishment for Administration of Public Security stipulates: "Whoever commits prostitution or prostitutes may be detained for 10-15 days and may be fined not more than 5,000 yuan; in less serious circumstances, he shall be detained for not more than 5 days or fined not more than 500 yuan."

In the face of police questioning, Wu defended:

1, I am and Yu mou open a room, but the two are just chatting, and there is no sexual relationship;

2, the 5,000 yuan paid is the wreath money of the bar, and paid to the bar, not Yu, which is not a prostitute fee.

However, after investigation, the police did not approve of Wu's defense, arguing:

1, the bar has a problem related to pornography, Wu and Yu do not know each other, the two went to the hotel late at night to open a room must have had sexual relations;

2. After Wu paid 5,000 yuan to the bar, the bar transferred 3,000 yuan to Wu, which is a prostitute;

3. Wu's behavior is a serious circumstance, so according to article 66 of the Public Security Administration Punishment Law, he was placed under administrative detention for 10 days and fined 5,000 yuan.

Afterwards, Wu was dissatisfied with the administrative punishment of the police, submitted an administrative reconsideration, and after failing, he filed a lawsuit with the court, and then appealed after losing the lawsuit at first instance.

After trial, the court of second instance held that:

1. Wu took Yu to open a house 5 days ago, the police did not find wu and Yu have sexual relations on the spot, Wu himself did not admit to having sexual relations with Yu, and the existing evidence could not prove that Wu and Yu had sexual relations;

2. According to the relevant interpretation of the Ministry of Public Security on prostitution, three conditions are required to determine that prostitution is required: (1) the two parties have reached an agreement on prostitution; (2) the price has been negotiated or money and property have been paid; (3) it has been implemented.

In this case, Wu did not talk with Yu about prostitution, and the 5,000 yuan he paid was a wreath of money given to the bar, and was paid to the bar staff, not Yu, who did not have prostitution funds in this case and did not meet the first two conditions mentioned above.

In summary, the court of second instance found that the police's decision to punish Wu for prostitution was unclear and the evidence was insufficient.

Article 54 of the Administrative Procedure Law stipulates that where the main evidence of the specific administrative act complained of is insufficient, the people's court shall make a judgment to revoke it.

Therefore, the court upheld Wu's litigation claim and revoked the administrative punishment decision of the public security organs against Wu. The case acceptance fee is 50 yuan, which is borne by the police.

In the end, what Wu did himself, he knew best. Just as the so-called people do not know, unless they have done nothing, although they have won the lawsuit this time, they may not be so lucky every time. Therefore, I hope that Wu will effectively abide by discipline and law in the future, so as not to cause trouble.

What do dear readers think of this case? Comments are welcome! #Law Popularization Action# #Putian Headline#

——————————

@Yan Hui said pay attention to me, learn more Fa, and suffer less losses!