Bar soliciting minors, prosecutor’s call | 9:30 tonight

2022-07-15 0 By

“Public security check, minor withdraw!”This is one of the things that frequently appears in the chat logs of a bar’s work group and the bar also sets up a special post to keep an eye on the neighborhood and the lookout will immediately notify minors to flee if there’s any sign of trouble how many minors are in the bar worth the trouble to set up a special post?…Qualitative: In order to make profits, the bar violated the provisions of the Law on the protection of minors, recruited and accepted minors, and even used free drinks as bait to attract minors, which damaged the social environment for the healthy growth of non-specific minors, disturbed the social order, and had the duality of damaging personal interests and public interests.Judgment: bar and its operator Li mou immediately stop recruiting minors, accept minors into its business premises, and within 10 days from the date of the effective judgment of provincial media and bar opened social, marketing accounts to the public apology.On January 11, prosecutors in Huai ‘an city, Jiangsu Province, filed a civil public interest lawsuit against a bar in Lianshui County, which hired underage employees and accepted minors into the bar for drinking and consumption.A bar in Lianshui County and its operator Li mou immediately stopped recruiting minors and accepting minors into its business premises, and apologized to the public on the social and marketing accounts opened by provincial media and bars within 10 days from the date of the effective judgment.The defendant Li mou immediately said that he would actively perform the judgment, and took the initiative to come up with 100,000 yuan of public welfare funds, for the public welfare related to minors’ family education, in order to make up for the public damage caused by illegal business behavior.After the trial, the Huai ‘an Procuratorate and the court jointly held a forum on public interest litigation for the protection of minors’ rights and interests, and to the parents of 4 minors who had worked in the bar on the spot served “Order to accept family education guidance”, by the city women’s Federation family education guidance experts on the spot.In April 2021, 4 minors were transferred to lianshui County Procuratorate of Huai ‘an city for investigation and prosecution on suspicion of crimes.Prosecutors in the process of handling the case found that several minors involved in the long-term mixed in a bar in Lianshui County.At the time of the incident, the suspect Han is engaged in marketing work in the bar.How can bars recruit and accept minors?Han mou is a case of illegal recruitment, or just a member of the numerous underage employees?Prosecutors around these problems, the whole case of evidence for a second combing, found that in the chat records of a working group in Han “public security inspection, minors withdraw!”This content appears frequently.In order to avoid inspection, the bar set up a special guard nearby who would immediately tell minors to flee through a side door in case of any sign of trouble, according to the chat.”How many minors do you have to have in a bar to justify the trouble of putting up a guard?”After the prosecution of the criminal case involving Han and others, the prosecutor also carried out research on the criminal case of minors related to the bar, sorting out the work in the bar of minors involved in criminal cases of 5, has consumed in the bar of minors involved in criminal cases of 8.In June 2021, after sorting out the evidence of the recruitment of underage employees in bars, the Procuratorate of Lianshui County started the pre-litigation procedure of administrative public interest litigation, suggesting that the competent authorities punish the illegal recruitment of underage employees in bars and strengthen the education and guidance of bar industry operators.After the procuratorial proposal was issued, the competent department actively performed its duties, and has illegally recruited minors to the bar and refused to cooperate with the inspection, did not submit materials according to the requirements of the behavior, give a total of 118,000 yuan of administrative penalties, but the bar refused to pay a fine.At the same time, prosecutors found underage employees at the bar and a large number of underage drinkers.Considering the illegal act has been infringed upon the bar is not specific the legitimate rights and interests of minors, and the trend of persistence of the infringement, and administrative punishment can only be illegal for a particular reason to punish, and worth of fines met with resistance, lianshui county people’s procuratorate through layer upon layer for instructions in jiangsu province people’s procuratorate, decide on the bar set up civil public interest litigation cases.Dig and, opened successively employs more than 60 more than a year of minors pictures from the network, has nothing to do with the body for the illegal facts of the bar was found and huaian procuratorial organs have organization for two times investigations, to determine the bar still has the problem of recruitment, accept the minors, found out the sentry staff and the location of the five common gateway,It also summarizes the identification methods of staff and guests and the peak hours of bar passenger flow.At 23:00 on November 12, 2021, the procuratorial department, human resources and social security department and the public security department, combined with the previous experience of unannounced visits, urgently summoned elite forces to carry out surprise law enforcement on the bars involved.After investigation, in addition to the scene quickly fled from the relevant personnel, there were 6 underage employees in the bar that night, and 14 underage drinking in the bar.”There was an activity in the bar today. The owner called us to bring atmosphere to the bar in the welfare group. As usual, we provided one bottle of foreign wine and four bottles of iced black tea for free.”During the interrogation of minors, some of the students showed the joint investigation team two elite tribal welfare groups created by the bar to attract students. The owner of the group would publish an advertisement for activities several times a month, inviting students to bring atmosphere or gather a group of five people to drink foreign liquor for free.There are more than 200 people in the group, all from several secondary schools in the county, and mainly minors.Every time the group owner sends an advertisement, many students respond to it, and the group owner is very ‘sweet’, a check can always be the first time to notify ‘minors withdraw’.”During the investigation, prosecutors also found that the bar had serious noise and air pollution, explicit content of the program, and there were 89 police records.Minors who worked at the bar also admitted to prosecutors that they drank until they vomited every day while working there.After admonishment education, the bar operator Li promptly cleared all the underage employees in the store, and timely pay a fine of 118,000 yuan.In asking the minors and bar owners li mou, induction and the bar table, payroll after careful comparison, prosecutors eventually found out the bar since opened in October 2020, a year, has to employ more than 60 underage workers, unconditional acceptance of minors into the bar drinking alcohol consumption, and ignoring the minors’ physical and mental health,In order to provide free drinks as bait, the creation of so-called “welfare group”, targeted recruitment of a school more than 30 minor students as members of the atmosphere group illegal facts.Civil public interest litigation has support court prosecutor in court to support the prosecution after find out the facts, and level 3 procuratorial organs after the discussion, and repeatedly asked juvenile judicial experts, eventually agreed that minors’ physical and mental development is not yet mature, grunts into bar or alcohol consumption, the physical and mental health and growth has obvious adverse effect.In order to make profits, the bar violated the provisions of the Law on the protection of minors, recruited and accepted minors, and even used free drinks as bait to attract minors, which damaged the social environment for the healthy growth of non-specific minors, disturbed the social order, and had the duality of damaging personal interests and public interests.On December 1, 2021, the procuratorial organs at the city and county levels held a public hearing on the necessity for procuratorial organs to file civil public interest lawsuits.After the review, the representatives at the meeting all believed that it was necessary for the procuratorial organs to file a civil public interest lawsuit. On December 17 of the same year, the Huai ‘an Procuratorate formally filed a lawsuit to the Huai ‘an Court, requiring the court to order a bar in Lianshui County and its actual operator Li To stop recruiting and accepting minors.And through provincial media, social networking, marketing accounts and other ways to publicly apologize to the public.On January 11, 2022, the court heard the case in an open session. More than 80 people, including some provincial and municipal NPC deputies, CPPCC members, people’s supervisors, municipal Human Resources and Social Security Bureau, Cultural and Tourism Bureau, Market Supervision Bureau, Education Bureau, women’s Federation, bar employees, and representatives of parents, attended the trial.In the end, the court supported all the prosecution’s requests and made the ruling.The next step, the relevant competent authorities will combine the joint law enforcement and judgment performance, and make corresponding punishment to the bar according to law.Source: Procuratorial Daily