"No pay, not prostitution!" In Jinan, Shandong, 35-year-old man Bai mou and old friend Yu mou and other people have not seen each other for many years, because they are happy, they have gone to KTV to sing after drinking and eating, and have been playing until deep

"No pay, not prostitution!" In Jinan, Shandong, 35-year-old man Bai mou and old friend Yu and others have not seen each other for many years, because they are happy, they have enough wine and dinner to go to KTV to sing, and they have been playing until late at night, and they have not yet had fun. Yu then transferred to KTV1212 yuan to help Bai call a woman, who knew that Bai had just had a relationship with the woman Wang in the hotel, and was caught by the police. Bai was sentenced to 15 days of administrative detention and fined 5,000 yuan.

Afterwards, Bai was not convinced, believing that he had not paid, so he took the public security organ to court. (Source: Shandong Jinan Licheng District Court Case)

#AnnUnciation#

1. The reason why the public security organ believes that Bai is a prostitute is mainly based on two points of evidence, first, Bai and the woman are not boyfriend and girlfriend, but have a relationship in the hotel, and second, Bai's friend Transferred 1212 yuan to KTV to pay for Bai's prostitution.

At first glance, the evidence provided by the police shows that Bai mou had a relationship with the woman and paid for it, is it not a prostitute or what?

In fact, the key to determining prostitution lies in the determination of the existence of sexual transactions. The key to determining sex trading is trading. In this case, Bai also seized this point, putting forward the views that "he did not negotiate the price with the woman, nor did he pay the money, which is a voluntary union" and "although Yu paid 1212 yuan to KTV, the beneficiary shown on the transfer voucher is a liquor wholesale supermarket".

Coupled with the denial of the woman and Yu X, after the final trial, the court held that the police's punishment decision on Bai X was unclear and the evidence was insufficient, and the public security organs' punishment of Bai X was revoked according to law.

2. Some people say that even if they win, they will still be detained?

Not really! First of all, if you are also unfortunate to be administratively punished, if you are also dissatisfied with the administrative punishment like Bai, according to article 107 of the Public Security Administration Punishment Law, you can apply for administrative reconsideration or litigation and submit an application to the public security organ for a suspension of administrative detention. If the public security organs believe that the suspension of administrative detention will not cause social danger, and the person being punished or his close relatives proposes a qualified guarantor, or pays a deposit of 200 yuan per day for administrative detention, it may suspend the execution of administrative detention.

At the same time, if the public security organs do not agree to your application, if you finally win the case, you can also apply for state compensation according to law. According to the notice issued by the Supreme People's Court on May 20, 2021, the compensation standard for such violations of citizens' right to personal freedom is 372.1 yuan per day.

3. Finally, administrative litigation requires administrative law enforcement units to say that the evidence provided must be "beyond reasonable doubt", which is much higher than the "high degree of certainty" requirement in civil litigation. The purpose of such a setting is actually to prevent the abuse of public power, thereby infringing on the legitimate rights and interests of the people in a weak position. Although such a setting will make some people become fish in the net, it can make more innocent people have the confidence to defend their rights.

Here also take this case, remind the majority of friends, do not panic, consult professionals, there may be unexpected gains!

What do you think about this? #Shandong# #Shandong Toutiao#

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