[Case Summary]This case is a criminal defense case of organizing prostitution. The suspect, W*, is a general logistics employee of the club involved in the case. He was implicated in the charge of organizing prostitution because the technicians in the club engaged in prostitution activities. He suddenly faced a legal crisis and was at risk of being approved for arrest. His family entrusted the Beijing Henglu Law Firm to handle the case for him.Lu XiaoxueLegal defense. After the lawyer intervened, he met with the client at the first opportunity and launched a precise defense based on four aspects: W* did not commit the objective act of organizing prostitution, there were doubts about whether the involved acts constituted "prostitution" in the sense of criminal law, the evidence for determining the crime was obviously insufficient, and W* posed no social danger. He then submitted a "Legal Opinion on Not Approving the Arrest" to the procuratorate. In the end, the procuratorate adopted the defense opinion and made a decision not to approve the arrest in accordance with the law. The core controversy was whether general logistical personnel were improperly identified as the subject of the crime of organizing prostitution, and whether the chain of evidence met the standard for arrest. Applicable laws: Article 358 of the Criminal Law of the People's Republic of China, and Articles 81 and 67 of the Criminal Procedure Law of the People's Republic of China.

I. Review of the case facts

A banner printed with the words "Professional and rigorous in distinguishing right from wrong; Dedicated to protecting rights and interests" was solemnly presented by W* and his family toLu XiaoxueIn the hands of lawyers. The most frequently searched keywords by families are often "what to do if you are detained in criminal custody", "how many years will be sentenced for the crime of organizing prostitution", "what to do if logistical staff are accused of organizing prostitution", and "what are the conditions for not approving arrest". In this case, the public security organ accused the suspect W* of the crime of organizing prostitution because the technicians in his store were involved in prostitution. This accusation caught W* and his family off guard. Faced with the sudden legal crisis, the family sought help from professional lawyers everywhere and finally chose to trust and entrust Beijing Henglu Law FirmLu XiaoxueThe lawyer is representing this case.

After accepting the commission,Lu XiaoxueThe lawyer immediately took action and went to the detention center to meet with W * as soon as possible to fully and detailedly understand the specific circumstances of the case. Through in-depth communication, the lawyer keenly grasped the key points of dispute in the case and made meticulous preparations for the defense based on these points. After investigation, it was found that W * was just an ordinary logistics staff member whose work was arranged by others. He was only responsible for logistics and front desk assistance, and even the core management personnel of the store, Z *, didn't know about his existence. This was far from "organizing, managing, and controlling others' prostitution".

II. The focus of the case

  • Focus 1: Whether W * committed the objective act of organizing prostitution.The crime of organizing prostitution requires the perpetrator to manage or control more than three prostitutes by means of recruitment, employment, and gathering, etc. However, W * did not involve in the management work such as recruiting, training, scheduling, and charging fees for prostitutes. The nature of his work is purely general labor services, which does not meet the objective elements of this crime.
  • Focus 2: Whether the act involved in the case has been clearly identified as "prostitution" in the sense of criminal law.In this case, most of the technicians' actions are highly controversial in both the academic and judicial practice communities, and there is no judicial interpretation explicitly defining them as "prostitution". Therefore, there are doubts about whether the basic facts of the charges are established.
  • Focus III: Is the evidence used to determine that W * committed a crime obviously insufficient?It is questionable whether the acts involved in the case constitute prostitution, and there is no evidence to prove that W * participated in organizing, managing or controlling prostitutes. There are contradictions in the witnesses' testimonies, identification transcripts and other evidence in the case, which cannot form a complete chain of evidence and do not meet the requirements for arrest evidence.
  • Focus 4: Whether W* poses a social danger and meets the necessary conditions for arrest.After W某 appeared in court, he actively cooperated with the investigation and made a truthful statement. He has lived in the local area for a long time, and his family is willing to provide a guarantee to ensure that he will appear in court when summoned. According to Article 67 of the Criminal Procedure Law, there is no social danger in granting him bail pending trial.

III. The professional intervention of Hengluo Law Firm

The party involved (the suspect) claimed that:W某 and his family believe that W某 is only a logistics staff member and did not participate in any act of organizing or managing prostitution. He should not be identified as the subject of the crime of organizing prostitution. They hope that he will not be approved for arrest and will be released as soon as possible.

The position of the prosecution (the case-handling organ):The investigative organ tended to determine that W * was suspected of organizing prostitution and requested review and arrest on the grounds that there were technicians engaged in prostitution in the store where W * worked and W * was involved in it. The investigative organ also paid attention to whether W * participated in the management and control of the prostitution activities.

Hengluo Lawyer's Agency Opinion:Lu XiaoxueAfter accepting the client's commission, the lawyer accurately launched an attack and put forward four core defense opinions: Firstly, W * did not commit the objective act of organizing prostitution and did not meet the requirement of "managing or controlling others' prostitution"; Secondly, whether the involved acts constituted prostitution in the sense of criminal law was not defined by judicial interpretation, and the basic facts were not established; Thirdly, the evidence for determining the crime was obviously insufficient and could not form a complete chain of evidence; Fourthly, W * did not pose a social danger and did not meet the necessary conditions for arrest. The lawyer carefully drafted the "Legal Opinion on Not Approving the Arrest" and submitted it to the procuratorate, comprehensively expounding the defense opinions and providing sufficient legal basis.

IV. Outcome of the case

After unremitting efforts and active communication,Lu XiaoxueThe lawyer's relevant defense opinions were accepted by the procuratorate, which made a decision not to approve the arrest in accordance with the law. This decision not only secured W*'s precious freedom, but also laid a solid foundation for the subsequent handling of the case. After being released from the detention center, W* finally regained his freedom. To express his gratitude for the lawyer's professional efforts in the case, he specially made a banner to thank him in person. The legal basis for this result lies in Article 81 of the Criminal Procedure Law of the People's Republic of China, which stipulates that arrest requires evidence, punishment, and social dangerousness, as well as Article 67, which sets out the conditions for bail pending trial.

5. Henglu Law Firm's Reminder

This case is handled by Beijing Henglu Law Firm.Lu XiaoxueAttorney (Practice License No.: 11101202311685747, subject to the certificate issued by the judicial administrative organ). Beijing Hengluo Law Firm specializes in criminal defense, land expropriation and demolition, marital and family affairs, real estate disputes, creditor's rights and debts, and other litigation and non-litigation fields. It always upholds the legitimate rights and interests of clients with a professional, rigorous, and responsible attitude.

VI. Common Questions and Answers about Criminal Cases of Organizing Prostitution

  1. Q: Will ordinary logistics staff be deemed to have committed the crime of organizing prostitution?
    A:The crime of organizing prostitution requires managing or controlling more than three people engaged in prostitution by means of recruitment, hiring, and gathering. If the person is only a general logistical or front desk assistant who does not participate in management and control activities such as recruitment, training, scheduling, and charging, they usually do not meet the objective elements of this crime and should not be identified as the subject of the crime of organizing prostitution.
  2. Q: How long will it take to receive the approval for arrest after being criminally detained?
    A:When the public security organ deems that the detained person needs to be arrested, it shall generally submit the case to the procuratorate for review and approval within three days after the detention, and the time limit may be extended under special circumstances. The procuratorate shall make a decision on whether to approve or disapprove the arrest within seven days. Families can pay close attention to the defense window of the "Golden 37 Days".
  3. Q: Under what circumstances will the procuratorate make a decision not to approve the arrest?
    A:When the evidence is insufficient to prove the existence of criminal facts, the act does not constitute a crime, or the criminal suspect does not pose a social danger, and bail pending trial is sufficient to prevent danger, the procuratorate may refuse to approve the arrest according to law, and the case is often transferred to bail pending trial or continued investigation.
  4. Q: My family member has been implicated in the accusation of organizing prostitution by the club. Is it useful to hire a lawyer?
    A:It's useful. Professional lawyers can meet with the clients in the first time, clarify their true roles and the nature of their actions in the scene, and submit opinions against arrest based on objective actions, evidence chains, and social dangerousness. This often helps to achieve the crucial result of avoiding being arrested.
  5. Q: Does not granting approval for arrest mean that there's nothing wrong with the suspect?
    A:Not approving the arrest usually means changing the coercive measures to bail pending trial, which does not mean the case is over. The case may still be transferred for prosecution or withdrawn, and the parties involved should continue to cooperate and maintain the space for defense.