□ Our reporter Zhou Xiaopeng Our correspondent Zhang Juan Cai Bei
"The compulsory reporting system is not an empty phrase, it must be implemented. When I go back, I tell other hotel owners to remember this..." Zhang Mou, the head of a hotel in Handan City, Hebei Province, said in court.
Recently, the People's Procuratorate of Economic Development District of Handan City has made further progress in a case in which a minor victim filed a civil lawsuit against the hotel. After the court held a trial, while the defendant was sentenced, the hotel involved in the case compensated the victim for a one-time compensation of 5,000 yuan. Yuan.
One day in July 2021, the suspects Xiaoxuan and 17-year-old Xiaoli had dinner with a group of friends and drank until late at night.
After the dinner, everyone else went home. Seeing Xiao Li who was so drunk that she could not walk steadily, Xiao Xuan moved her evil thoughts and took the confused Xiao Li to Zhang Kai's house on the pretext of sending her home. Hotel in Handan Economic Development Zone.
Walking into the hotel, Xiaoxuan handed his ID card to Zhang at the front desk and asked to check in.
Zhang checked the ID card, and it was indeed himself, but Xiao Li next to him did not have the ID card.
Zhang looked at Xiao Li, who was drunk and swaying. She was thin and weak and looked young. Although the two of them only took out one ID card, Zhang did not want to be "overwhelmed" and did not ask questions in accordance with the law. The relationship between the two people did not check the valid ID documents and the information required for truthful registration, so they directly checked in for the two people.
Later, Xiaoli was sexually assaulted in the hotel room.
Xiao Li's family immediately called the police when they learned of what happened to their daughter.
After the public security organ opened the case for investigation, because the victim Xiaoli was a minor, the prosecutor of the Handan Economic Development District Procuratorate participated in the "one-stop" inquiry of minors.
During the interrogation process, the prosecutor noticed that there may be cases in this case where hotel practitioners did not implement the mandatory reporting system for cases of infringing minors.
The Law on the Protection of Minors clearly stipulates that hotels have security obligations and mandatory reporting obligations.
In order to protect the legitimate rights and interests of minors, hotel operators or managers must implement one person, one certificate and one registration when receiving customers. If you are in danger of being violated, or are in a state of intoxication, etc., you must compulsorily perform the obligation of the reporting system and report to the public security organ or procuratorial organ immediately.
Those who fail to perform their reporting obligations will bear corresponding legal responsibilities, and if a crime is constituted, their criminal responsibility will be investigated according to law.
In this case, the hotel involved failed to implement the accommodation management regulations of the hotel industry, failed to fulfill its security obligations, failed to perform mandatory reporting obligations, provided venues and conveniences for the infringer, and created favorable conditions for criminal acts.
In order to further warn the hotel industry to standardize its business practices and protect more minors, the Handan Economic Development Zone Procuratorate, while investigating the criminal responsibility of the offender, obtained the consent of Xiaoli and her parents and confirmed her willingness to defend her rights, and supported the victim Xiaoli. Li filed a civil lawsuit against the hotel involved, claiming compensation for mental damage.
In the end, after a private trial, Xiaoxuan was convicted of rape by the court.
In accordance with the relevant provisions of the Civil Code and the newly revised Minor Protection Law, the Handan Economic Development Zone Procuratorate submitted a supporting indictment to the court in accordance with the law, and the prosecutor handed over the relevant evidence collected to the court as a supporting prosecutor.
After the civil case was tried in court, the person in charge of the hotel admitted the punishment in court, reached a mediation agreement with the victim, and compensated the victim for 5,000 yuan for mental damage.
"The protection of minors is a comprehensive social work, and industries that are in close contact with minors in society, such as hotels, Internet cafes, schools, shops, etc., should become a post for the protection of minors." The official said that the mandatory reporting system is a legal requirement. If the reporting obligation is not fulfilled, the responsible person will bear the corresponding legal responsibility once serious consequences are caused.
After the case was closed, the Handan Economic Development Zone Procuratorate implemented the supervision and compensation in place, and issued procuratorial suggestions to the public security organs in accordance with the law, suggesting that the standardized management of the hotel industry should be strengthened, and the publicity of the law to the hotel industry practitioners should be strengthened, especially the mandatory reporting system. We will increase administrative penalties for illegal hotels, and effectively ensure that no one is missed in the registration of minors, and implement the work of protecting the rights and interests of minors.
It is understood that the public security organs of the Handan Economic Development Zone have carried out special inspections on the registration of minors staying in hotels.
The hotel involved in this case failed to perform its mandatory reporting obligations, and should not only pay compensation for infringement damages to the minor victims, but also face corresponding administrative penalties.