Press "PandaGuides" above to follow us!
A man in Yunnan Province has been sentenced to six months in prison, suspended for one year, and fined 2,000 RMB for theft after taking back money he had paid to a sex worker.
The defendant, Zhao, reportedly paid 3,000 RMB for services with a sex worker but later stole the cash from her bag. Despite prostitution being illegal in China, Zhao was charged with theft because the court determined that the payment, once handed over, was legally considered to be in the possession of the recipient.
Prominent criminal defense lawyer Fu Jian explained that while prostitution is illegal and such payments are not considered lawful income, the sex worker’s possession of the money is still protected under the law. He noted that theft is defined as taking another’s property without consent for illegal personal gain. In China, stealing property valued at 1,000 to 3,000 RMB or more can result in a prison sentence of up to three years, detention, or fines.
“The payment represents a transactional exchange, albeit in violation of administrative laws,” Fu said. “Once the payment is made, the sex worker gains factual possession and control of the funds. Taking the money back without consent infringes on her right to possession, which remains protected under criminal law.”
Netizens expressed mixed reactions to the case. Some argued that the man should not have been punished given the illegal nature of the transaction. "The money was earned through an unlawful act - how can the law protect it?" questioned one commenter. Others, however, agreed with the legal perspective. "Regardless of how the money was obtained, stealing it back is still theft. The law doesn’t allow vigilante justice, even in illegal exchanges," wrote another.
