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DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS ON THE STRICT PROHIBITION AGAINST PROSTITUTION AND WHORING

Category  CRIMINAL LAW Organ of Promulgation  The Standing Committee of the National People's Congress Status of Effect  In Force
Date of Promulgation  1991-09-04 Effective Date  1991-09-04  

Decision of the Standing Committee of the National People's Congress on the Strict Prohibition Against Prostitution and Whoring





(Adopted at the 21st Meeting of the Standing Committee of the Seventh

National People's Congress on September 4, 1991, promulgated by Order No.51
of the President of the People's Republic of China on September 4, 1991, and
effective as of September 4, 1991)(Editor's Note: In accordance with the
provisions of Article 452 of the Criminal Law of the People's Republic of China revised at the Fifth Session of the Eighth National People's Congress on
March 14, 1997, and effective on October 1, 1997, the provisions regarding
administrative penalties and administrative measures in this Decision shall
continue to be in force and the provisions regarding criminal liability have
been incorporated into the revised Criminal Law)

    With a view to strictly prohibiting prostitution and whoring and severely
punishing criminals who organize, force, lure. shelter or procure any other
person or persons to engage in prostitution, so as to maintain the public
security order and good social morale, the relevant provisions of the Criminal
Law are supplemented or amended as follows:

    1. Whoever organizes any other persons or persons to engage in
prostitution shall be sentenced to fixed-term imprisonment of not less than
ten years or life imprisonment, and shall concurrently be punished with a fine
of not more than 10,000 yuan or confiscation of property; and if the
circumstances are especially serious, the offender shall be sentenced to
death, with the concurrent punishment of confiscation of property.

    Whoever assists in organizing any other person or persons to engage in
prostitution shall be sentenced to fixed-term imprisonment of not less than
three years and not more than ten years, and shall concurrently be punished
with a fine of not more than 10,000 yuan; and if the circumstances are
serious, the offender shall be sentenced to fixed-term imprisonment of not
less than ten years with the concurrent punishment of a fine of not more than
10,000 yuan or confiscation of property.

    2. Whoever forces any other person or persons to engage in prostitution  
shall be sentenced to fixed-term imprisonment of not less than five years and
not more than ten years, and shall concurrently be punished with a fine of not
more than 10,000 yuan; under any of the following circumstances, the offender
shall be sentenced to fixed-term imprisonment of not less than ten years or
life imprisonment with the concurrent punishment of a fine of not more than
10,000 yuan or confiscation of property; and if the circumstances thus
involved are especially serious, the offender shall be sentenced to death, and
shall concurrently be punished with confiscation of property:

    (1) forcing a girl under the age of fourteen to engage in prostitution;

    (2) forcing many persons to engage in prostitution or forcing any other
person to engage in prostitution for many times;

    (3) forcing the victim to engage in prostitution after raping her;

    (4) causing serious bodily injury, death or other severe consequences on
the part of the person being forced to engage in prostitution.

    3. Whoever lures, shelters or procures any other person or persons to
engage in prostitution shall be sentenced to fixed-term imprisonment of not
more than five years or criminal detention, and shall concurrently be punished
with a fine of not more than 5,000 yuan; if the circumstances are serious, the
offender shall be sentenced to fixed-term imprisonment of not less than five
years, and shall concurrently be punished with a fine of not more than 10,000
yuan; and if the circumstances are relatively minor, the offender shall be
punished in accordance with the provisions in Article 30 of the Regulations on
Administrative Penalties for Public Security.

    Whoever lures a girl under the age of fourteen to engage in prostitution  
shall be punished in accordance with the provisions on forcing girls under the
age of fourteen to engage in prostitution prescribed in Article 2 of this
Decision.

    4. Whoever engages in prostitution or whoring shall be punished in
accordance with the provisions in Article 30 of the Regulations on
Administrative Penalties for Public Security.

    With respect to persons who engage in prostitution or whoring, the public
security organs in conjunction with departments concerned may, at a designated
place, carry out compulsive education in law and morality and force them to
participate in productive labour, in order to rid them of the pernicious
habits. The term thereof shall range from six months to two years. The
specific measures shall be formulated by the State Council.

    Persons who, after being dealt with by the public security organs, engage  
in prostitution or whoring again, shall be given reeducation through labour
and punished by the public security organs with a fine of not more than 5,000
yuan.

    All persons who engage in prostitution or whoring shall be forced to go
through venereal disease inspection. Persons suffering from venereal diseases
shall be given compulsory medical treatment.

    5. Whoever suffering from serious venereal diseases such as syphilis and
gonorrhea knowingly engages in prostitution or whoring shall be sentenced to
fixed-term imprisonment of not more than five years, criminal detention or
public surveillance, and shall concurrently be punished with a fine of not
more than 5,000 yuan.

    Whoever whores with a girl under the age of fourteen shall be punished in
accordance with the provisions on the crime of rape as prescribed in the
Criminal Law.

    6. Any personnel of a unit in the trade of hotel, catering or
entertainment, or in taxi service, who, by taking advantage of his or her
work unit, organizes, forces, lures, shelters or procures any other person or
persons to engage in prostitution, shall be punished in accordance with the
provisions in Article 1, or Article 2 or Article 3 of this Decision.

    If any leading personnel of the units listed above commits any act
specified in the preceding paragraph, he or she shall be given a heavier
punishment.

    7. Where any unit in the trade of hotel, catering or entertainment, or in
taxi service takes a laissez-faire attitude as to activities of prostitution
or whoring taking place in the unit per se and fails to take any measure to stop
them, the public security organ shall impose on the unit a fine of not less
than 10,000 yuan but not more than 100,000 yuan, and may also order the unit
to make consolidation within a definite period or to suspend husiness for
purposes of consolidation. If it fails to make rectification after
consolidation, the competent department for industry and commerce shall revoke
its business license. The person or persons directly in charge and other
persons held directly responsible shall be given administrative sanctions by
the unit or by the competent departments at higher levels, and punished by the
public security organ with a fine of not more than 1,000 yuan.

    8. Where any leading personnel, staff member or worker of a unit in the
trade of hotel, catering or entertainment, or in taxi service conceals the
true situations or provides information for law-breaking offenders and
criminals when the public security organ investigates or deals with activities
of prostitution or whoring, he or she shall be punished in accordance with the
provisions in Article 162 of the Criminal Law.

    9. Where any State functionary charged with the duty of investigating and
prohibiting prostitution and whoring provides information and conveniences for
law-breaking offenders and criminals for the purpose of helping them escape
from punishment, he or she shall be punished in accordance with the provisions
in Article 188 of the Criminal Law.

    Whoever commits the crime mentioned in the preceding paragraph and
conspires with the criminal(s) beforehand shall be deemed as committing a
joint crime and punished as such.

    10. The illegal incomes gained from organizing, forcing, luring,
sheltering or procuring any other person or persons to engage in prostitution
and from prostitution shall be confiscated.

    All the incomes from fines and confiscations shall be turned over to the
State Treasury.

    11. This Decision shall enter into force as of the date of promulgation.



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