Nanjing -- A case involving Ma Yaohai, a professor at a university in Nanjing and others accused of "orgy", will be announced this morning at Qinhuai District Court. Some legal professionals believe that according to the criminal law provisions, there should be no problem with convicting Ma Yaohai of the crime of organizing orgies. The remaining issue is how to sentence him.
From April 7th to 8th, the Qinhuai District Court held a trial for the case involving Ma Yaohai and others accused of "organizing orgies". Due to privacy concerns raised by some parties involved, the trial was not open to the public. According to the Qinhuai Court, during the two-day trial, the prosecution and Ma Yaohai's defense attorney debated on whether or not his actions constituted the crime of organizing orgies.
During the trial, the prosecution accused Ma Yaohai and 21 other defendants of organizing or repeatedly participating in group sex activities. Their actions violated Article 301 of the Criminal Law of the People's Republic of China. The facts of the crime are clear and the evidence is sufficient. All defendants should be prosecuted for the crime of organizing orgies.
Ma Yaohai's defense attorney argued for his innocence. He believed that the crime of organizing orgies infringes upon social public order. However, Ma Yaohai and others' activities did not involve monetary transactions and were also private and concealed. Therefore, they did not violate the social public order protected by criminal law. The sexual gatherings involved in this case should fall under the category of private rights and should not be penalized by criminal law.
During these two days of the trial, except for Ma Yaohai, the other 21 defendants all pleaded guilty, and their defense attorneys also made guilty defenses. In terms of sentencing, the prosecution believed that sentences should be determined based on the circumstances of the crime: some defendants voluntarily surrendered after committing the crime and truthfully confessed their crimes, constituting self-surrender, which can result in lighter penalties; while the main defendant Ma Yaohai has always lacked a clear understanding of the social harm and illegality of his actions, and should be appropriately punished more severely.
Since April 8th until now, it is unknown whether Ma Yaohai's attitude has changed. However, legal professionals following this case believe that regardless of Ma Yaohai's attitude, there is a practical issue that needs to be addressed: he has an elderly mother suffering from dementia at home with no one to take care of her. She usually relies on Ma Yaohai for cooking and serving meals. If Ma Yaohai is sentenced to actual imprisonment, the arrangement for his elderly mother becomes a problem. The outcome for Ma Yaohai and other co-defendants will be revealed today during the announcement. (by Luo Shuangjiang)
Related commentary: New Observation: The Logic and Common Sense Behind the Crime of "Organizing Orgies"