Unsuccessful Challenge to Police Punishment
Report by our correspondent (Zeng Yan): A man surnamed Xiong was caught red-handed just before completing a transaction with a sex worker after agreeing on a price. Unhappy with the police punishment, Xiong sued a Public Security Bureau Division in court. Recently, Beijing's Second Intermediate People's Court dismissed Xiong's appeal, upholding the police penalty against Xiong.
The court found that Xiong contacted a "miss" surnamed Cui via a massage advertisement card, and they agreed to engage in prostitution for 300 yuan. Before they met, they were promptly apprehended by the police. According to Article 66 of the "Law on Public Security Administration Punishments," the Public Security Bureau imposed a five-day administrative detention penalty on Xiong. Dissatisfied, Xiong filed a lawsuit in court, demanding the revocation of the police penalty.
After reviewing the case, the Second Intermediate People's Court ruled that Xiong and Cui had reached a mutual agreement on prostitution after negotiation, but due to the timely intervention of the police, they did not proceed to have sexual relations. In the Ministry of Public Security's [2003] No. 5 Reply Regarding the Nature of Cases Where Money is Used as a Medium But Sexual Relations Have Not Occurred or Where Sexual Relations Have Occurred But Money Has Not Been Paid, it is stipulated that if the parties involved have subjectively agreed on prostitution, negotiated the price, or already exchanged money, and have begun to act, but due to reasons beyond their subjective will, sexual relations have not occurred, then this can be handled according to law as prostitution.
Xiong and Cui fall under the category of "sexual relations not occurring due to reasons beyond their subjective will." The relevant approval from the Ministry of Public Security serves as an interpretation of the term "prostitution, solicitation," and does not violate any relevant laws or regulations, making it applicable to this case. The Public Security Bureau's imposition of a five-day administrative detention penalty on Xiong for violating public security management is based on clear facts, correct application of law, and lawful procedures.