Pimping is an occupation that involves profiting from the activity of prostitution by urging or forcing certain people to practice it. Prostitution is illegal in many countries around the world, but its legal status differs from country to country. This definition can sometimes be much broader than the common meaning of the term, such as
LexInter | July 8, 2018 | 0 Comments

PROXENETISM

Procuring

The term pimping refers in the popular sense to any activity that profits from the prostitution  of another person.

Definition of procuring

Pimping
Pimping is defined by article 225-5 of the Penal Code as the act, by anyone, in any way whatsoever:

1 ° Aiding, assisting or protecting the prostitution of others;

2 ° To profit from the prostitution of others, to share the proceeds thereof or to receive subsidies from a person habitually engaged in prostitution;

3 ° To hire, train or divert a person with a view to prostitution or to exert pressure on him to prostitute himself or to continue to do so.

Article 225-6 provides that is assimilated to procuring and punishable by the same penalties provided for the fact, by anyone, in any way whatsoever:

1 ° To act as an intermediary between two people, one of whom is engaged in prostitution and the other exploits or remunerates the prostitution of others;

2 ° To make it easier for a pimp to justify fictitious resources;

3 ° Not being able to justify resources corresponding to his lifestyle while living with a person who habitually engages in prostitution or while being in habitual relations with one or more persons engaged in prostitution;

4 ° To hinder the action of prevention, control, assistance or re-education undertaken by qualified organizations with regard to persons in danger of prostitution or engaged in prostitution.

The elements of the offense

The offense of procuring supposes a precondition (the prostitution of others), a moral element (the awareness of profiting from the prostitution of others) and a material element (one of the various acts characteristic of complicity).

Does not constitute the offense of procuring provided for by article 334-1 of the Penal Code, for aid and assistance in the prostitution of others, the fact by a prostitute of going to the home of another prostitute, at the request of the latter and to participate in scenes of collective debauchery and paid with various “clients” of the latter . Cass. crim. November 7, 1973

Case law Contract_of_imposition_of_hostesses_and_proxenetism

Penalties for pimping
Pimping is punishable by seven years’ imprisonment and a fine of 150,000 euros (article 225-5)

Aggravated procuring 

Pimping is punishable by ten years’ imprisonment and a fine of 1,500,000 euros when it is committed:1 ° With regard to a minor;

2 ° With regard to a person whose particular vulnerability, due to his age, to an illness, an infirmity, a physical or mental deficiency or a state of pregnancy, is apparent or known to the perpetrator;

3 ° With regard to several people;

4 ° With regard to a person who has been incited to engage in prostitution either outside the territory of the Republic, or upon arrival on the territory of the Republic;

5 ° By a legitimate, natural or adoptive ascendant of the person who prostitutes himself or by a person who has authority over him or abuses the authority conferred on him by his functions;

6 ° By a person called upon to participate, by virtue of his or her functions, in the fight against prostitution, the protection of health or the maintenance of public order;

7 ° By a person carrying a weapon;

8 ° With the use of coercion, violence or deceitful maneuvers;

9 ° By several persons acting in the capacity of author or accomplice, without constituting an organized gang;

10 ° Through the use, for the dissemination of messages intended for an undetermined audience, of an electronic communication network.

The first two paragraphs of article 123-23 relating to the safety period are applicable to the offenses provided for in this article.

Under article 225-7-1 procuring is punished by fifteen years of criminal imprisonment and a fine of 3,000,000 euros when committed against a minor of fifteen years.

 Pimping is punished by twenty years of criminal imprisonment and a fine of 3,000,000 euros when committed in an organized gang.

Under article 225-9, procuring committed by resorting to torture or barbaric acts is punished by life imprisonment and a fine of 4,500,000 euros.

Under the terms of article 225-10 is punished by ten years of imprisonment and a 750,000 euros fine the fact, by anyone, acting directly or by an intermediary:

1 ° To hold, manage, operate, direct, operate , finance or help finance a prostitution establishment;

2 ° Owner, manager, operator, director, operating, financing or helping to finance any establishment open to the public or used by the public, to accept or habitually tolerate that one or more persons engage in prostitution in the ‘inside the establishment or its annexes or are looking for clients there with a view to prostitution;

3 ° To sell or keep at the disposal of one or more persons premises or sites not used by the public, knowing that they will engage in prostitution there;

4 ° To sell, rent or make available, in any way whatsoever, to one or more persons, vehicles of any kind, knowing that they will engage in prostitution there.

The first two paragraphs of article 123-23 relating to the security period are applicable to procuring.

Solicitation

Attempt

Article 225-11 provides for the same penalties for attempting the offenses provided for in this section is punished with the same penalties.

Anyone who has attempted to commit the offenses provided for in this section is exempt from penalty if, having notified the administrative or judicial authority, he has made it possible to avoid the commission of the offense and to identify, if necessary, other authors or accomplices.

The custodial sentence incurred by the author or accomplice of one of the offenses provided for in this section is reduced by half if, having notified the administrative or judicial authority, he has made it possible to put an end to the offense or to prevent the offense from causing death or permanent disability and to identify, where appropriate, the other perpetrators or accomplices. When the penalty incurred is life imprisonment, it is reduced to twenty years of criminal imprisonment.

Crimes committed abroad
Article 225-11-2 provides that French law is applicable when the crime is committed abroad by a French person or by a person habitually residing on French territory,

Case law    Proxenetism_and_competence_des_juridictions_francaises

Legal persons

Article 225-12 provides that legal persons declared criminally responsible for offenses incur, in addition to the fine according to the terms provided for in article 131-38, the penalties provided for in article 131-39

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