Men’s purchase of high simulation sex dolls and provide paid services for others. Is it suspected of crime?

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Men’s purchase of high simulation sex dolls and provide paid services for others. Is it suspected of crime?

[Case] ​​Huang purchased six high -simulation dolls from a manufacturer in the south, rented a bungalow that was about to demolish in a urban -rural combination department in Binhai, decorated six small single rooms, and arranged warmly. Each room was placed in a doll. And equipped with necessary daily necessities such as beds. Provide paid services for others with a standard of 50 yuan per hour.

I believe that such a business together, many people have imagined that some people have tried it, and they ended up with banning. In our country, similar businesses have no legal obstacles nor public opinion, and such behavior in the minds of ordinary people is indeed injured. But is this behavior suspected of crime? What crimes are suspected? There is a different point of view, which is a controversial topic. The author tries to talk about his own views. The legal knowledge, the use of exclusion laws to analyze, so stay tuned, please correct, please discuss.

Huang does not constitute a crime of illegal business

男子购买高仿真性爱娃娃,为他人提供有偿服务,是否涉嫌犯罪?

Article 225 of the Criminal Law [illegal business crime] Violation of national regulations, there are one of the following illegal business behaviors, disturbing market order, and serious circumstances. The fines of more than five times the income; if the circumstances are particularly serious, they will be imprisoned for more than five years, and the fines of more than five times the illegal obtained shall be obtained or more than five times or less.

(1) Those who do not operate laws and administrative regulations, specialized items, or other items restricted to buy and sell without permission;

(2) The business license or approval documents stipulated by other laws and administrative regulations; and other laws and administrative regulations;

男子购买高仿真性爱娃娃,为他人提供有偿服务,是否涉嫌犯罪?

(3) Those who have not approved illegal business securities, futures, insurance businesses, or illegally engaged in fund payment settlement business without the approval of relevant state competent departments;

(4) Other illegal business behaviors that severely disrupt market order.

The crime of illegal business refers to the item that operates specialized, monopoly or other restrictions on buying and selling, buying and selling import permits, import and export origin certificates, and other laws and administrative regulations. Illegal business activities, disrupting market order, and serious circumstances. The law and interest in this crime is a market management system that restricts buying and selling items and business licenses.

my country’s criminal law specifically stipulates the four situations of illegal operating crimes, such as the above provisions (1) to (item). With the development of society and the emergence of new issues and new issues, related judicial interpretations and regulations have added 21 types Illegal operations contain illegal business behaviors involved in the newly related lenders. Article 225 of the Criminal Law (4) other illegal business behaviors that severely disrupt market order, for the bottom -up terms of this crime, in order to avoid illegal operational crimes become new pocket crimes, the use of this (4) of this article (4) item (4) After a new situation, it should be regulated by judicial interpretation. Otherwise, the crime of illegal business will really become a pocket crime. It is violated with the legal principles of criminal punishment and the stability and authority of the destruction of the law.

In this case, Huang’s behavior does have illegal situations. The author believes that illegal criminal law cannot be referred to. In other words, the behavior is currently difficult to identify as illegal business crimes.

Huang does not constitute the crime of spreading obscene items for profit

Article 3603 of the Criminal Law [The crime of profit of spreading obscene items] For the purpose of profit, the production, replication, publishing, trafficking, and dissemination of obscene items shall be sentenced to imprisonment, detention or control of three years, and fined; If the circumstances are severe, they are sentenced to imprisonment for three years and less than ten years, and the fines are punished; those with particularly serious circumstances, sentenced to more than ten years in prison or life imprisonment, and punished or confiscated property.

The crime of spreading obscene items refers to the purpose of making, replication, publishing, selling, and spreading obscene items for the purpose of profit. The legal benefits of this crime are good social customs.

Criminal law clearly stipulates that obscene items refer to books, films, video, video tapes, tapes, pictures and other obscene items that depict sexual behaviors or explicit pornography. Scientific works on human physiology and medical knowledge are not obscene items. Artistic and artistic works containing pornographic content are not regarded as obscene items.

男子购买高仿真性爱娃娃,为他人提供有偿服务,是否涉嫌犯罪?

From the perspective of criminal law, it is difficult to explain sexual dolls as obscene items. If you have to say that criminal law is suspected of being explained by a category, it is prohibited by the category of explanation. Take a step back, if sexual dolls are obscene items, can a lot of manufacturers in the south are suspected of making obscene items? Essence Some people say that the sex doll itself is not an obscene item. If it is used to spread, it is suspected of spreading obscene items or spreading obscene items for profit. This explanation seems to be difficult to say. Since sex dolls are not even obscene items, how can it become obscene items?

Therefore, in this case, Huang did not constitute a profit of spreading obscene items.

Huang does not constitute crimes such as tolerance of prostitution or organizing others for prostitution

Prostitution refers to the purpose of profit, and men or women have sexual relationships with non -fixed sexual objects, which are paid sexual behaviors. Prostitution is a human behavior.

男子购买高仿真性爱娃娃,为他人提供有偿服务,是否涉嫌犯罪?

In this case, if the sex doll is interpreted as a person, it is even more of the sky. Therefore, Huang’s behavior is difficult to constitute such crimes.

男子购买高仿真性爱娃娃,为他人提供有偿服务,是否涉嫌犯罪?

Conclusion: In this case, the behavior of Huang’s behavior is mixed in practice. Some think that such behavior is reasonable and worthy of promotion. It can effectively reduce sexual crimes, clean and hygienic, and prevent the spread of sexual diseases. The behavior is unacceptable emotionally, and it is injured. Who is wrong and who is wrong, the author is difficult to conclude, but according to the author’s understanding, Huang is difficult to constitute a crime.

Source: The public account of the criminal law of the criminal law

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