China: Information on the penalties for rape and procuring women for prostitution in China and whether membership in the Chinese Communist Party could provide immunity from prosecution for a person who is charged with forcing a woman into prostitution
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 October 1993 |
| Citation / Document Symbol | CHN15493.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, China: Information on the penalties for rape and procuring women for prostitution in China and whether membership in the Chinese Communist Party could provide immunity from prosecution for a person who is charged with forcing a woman into prostitution, 1 October 1993, CHN15493.E, available at: https://www.refworld.org/docid/3ae6ab846c.html [accessed 17 May 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
Article 139 of the Criminal Law of the People's Republic of China states the following:
Whoever by violence, coercion or other means rapes a woman is to be sentenced to not less than three years and not more than ten years of fixed-term imprisonment (1984, 48).
Article 140 of the same law stipulates
Whoever forces a woman into prostitution is to be sentenced to not less than three years and not more than ten years of fixed-term imprisonment (Ibid., 50).
Article 169 of the Criminal Law states
Whoever, for the purpose of reaping profits, lures women into prostitution or shelters them in prostitution, is to be sentenced to not more than five years of fixed-term imprisonment, criminal detention or control; when the circumstances are serious, the sentence is to be not less than five years of fixed-term imprisonment, and the offender may in addition be sentenced to a fine or confiscation of property (Ibid., 58).
A representative of Asia Watch in New York states that membership in the Chinese Communist Party could result in more lenient treatment for individuals charged with non-political crimes, but every simple member of the party could not expect immunity from prosecution (14 Oct. 1993). However, depending on time, place, type of crime and the rank of an accused, an influential member of the party or persons who are related to influential party members could be immune from prosecution (Ibid.). Hence an influential member of the Chinese Communist Party who is charged with forcing a woman into prostitution could be immune from prosecution (14 Oct. 1993).
According to a Sinologist in Vancouver, theoretically, membership in the Chinese Communist Party does not provide immunity from prosecution for party members who are charged with political or non-political crimes (14 Oct. 1993). However, in practice for political crimes, the party intervenes and tries to settle the problem inside the party (Ibid.). For non-political crimes committed by high-ranking party members, the party, taking into consideration the effect of a trial on the party, might intervene and try to settle the problem outside the judicial system. In such a case, the party imposes a punishment on the accused. However, if the accused is not a high-ranking party member and the case is already in court, the party does not usually intervene (Ibid.).
This response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.
References
Asia Watch, New York. 14 October 1993. Telephone interview with representative.
The Criminal Law and the Criminal Procedure Law of China. 1984. Beijing: Foreign Language Press.
Sinologist, Vancouver. 14 October 1993. Telephone interview.
Attachment
The Criminal Law and the Criminal Procedure Law of China. 1984. Beijing: Foreign Language Press, pp. 48-51 and 58-59.
