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从定性上讲,根据目前披露的案件事实,被告人冯支洋等人嫖宿幼女的行为符合嫖宿幼女罪的构成要件。从程序上讲,习水县人民检察院依法应在法庭审理过程中要求补充侦查,但此补充侦查并非等于或必然引起撤回起诉;习水县人民检察院依法也应将案件移送遵义市人民检察院审查起诉,但这只是无管辖权的下级人民检察院向有管辖权的上级人民检察院所作的案件移送,并非改变级别管辖或提级审理。
Qualitatively speaking, according to the facts disclosed in the present case, the defendant Feng Zhiyang and others whoring young girls act in line with the composition of elements of girl’s crime. From a procedural point of view, Xishui County People’s Procuratorate in accordance with the law should be required to supplement the investigation in court, but this supplementary investigation does not mean or necessarily cause withdrawal of prosecution; Xishui County People’s Procuratorate should also be the case transferred to Zunyi City People’s Procuratorate for review and prosecution However, this is only the transfer of cases made by lower people’s procuratorates with no jurisdiction to the higher people’s procuratorates with jurisdiction, and it does not mean that the people’s procuratorates shall be subject to change of jurisdiction or promotion.