Criminal Code of the Russian Federation, 135. Depraved acts in the criminal law of Russia

In the Criminal Code provides for an article that establishes a punishment for debauchery. As the victims are minors. Let us consider in more detail Art. 135 of the Criminal Code.

Corpus delicti

Part one provides for the punishment for a crime without violence against 16-year-olds. A citizen who has reached the age of 18 is guilty. In part two, the penalty is imposed for acts committed against citizens of 12-14 years without the use of violence. The norm № 135 of the Criminal Code of the Russian Federation considers depraved acts as a violation of the sexual inviolability of the victims. In addition, the perpetrator infringes on the normal physical and mental condition of minors.

The objective side

The early manifestation of interest in sexual life, conditioned by the influence of external factors, can lead to a violation in the formation of moral attitudes related to sexual relations. As a result, the victims develop a cynical perception of sexual contacts. As victims of crimes established in the Criminal Code of the Russian Federation, Article 135, as a rule, persons who demonstrate promiscuity in sexual life. They are easily influenced and involved in prostitution. Such circumstances determine the commission by such persons of sexual crimes in the future. As an optional object are citizens who have not reached the age of 16. In this case, the circumstances are aggravated by causing harm to the health of the injured person by the actions of the perpetrator. The damage is caused, in particular, by the inadequate development of the sexual organs of the citizen in relation to whom the crime is committed.

Signs of Victims

They are of significant importance in the qualification of crimes under the Criminal Code of the Russian Federation. Article 135, in particular, establishes the age of the victim as one of the main criteria. Thus, in the first part, liability is provided for unlawful conduct towards persons who have reached 14, but who have not yet reached the age of 16. In the second and fifth parts, the victims are citizens who are 12, but not yet fourteen. Article 135 of the Criminal Code in Parts 3 and 4 establishes responsibility for infringement on persons both 12-14 and 14-16 years. The qualification of a crime according to age criteria is allowed only if the perpetrator admitted or knew for sure that the victim did not reach a certain age. The criminal case under art. 135 of the Criminal Code can not be started if the offense is committed against a citizen under 12 years. This is due to the fact that the law establishes that such a person, because of his age, is in a helpless state and can not understand the significance and nature of acts that are committed with him. For the qualification of the act, it does not matter whether there is a prior experience of sexual contact with the victim. Does not affect the punishment and level of his knowledge of sexual relations.

An Important Moment

In qualifying crimes under Article 135 of the Criminal Code of the Russian Federation, it is necessary to find out whether the minor victim was married to a person who reached the age of 18. In accordance with the law, to prosecute the perpetrator, the citizen, against whom the encroachment was committed, should not be married. The possibility of juveniles to marry persons who have reached the age of 18 is permitted in a number of regional federal laws. For example, in Kaluga, Samara, Vladimir, Vologda, Rostov and Moscow regions, the age for registering relationships has been reduced to 14 years, in Ryazan, Murmansk and Tver - up to 15, in Orel and Novgorod regions, and in Bashkortostan no restrictions have been set. If the marriage consists of persons, one of whom has reached 16, and the other is 18, then it is impossible to qualify the acts of an adult according to the 135th article established in the Criminal Code of the Russian Federation. In this case, they will not be considered a crime. This provision applies only to those actions that are committed after marriage / marriage. At the same time, the spouse can be held liable after marriage for the encroachments that took place before the official registration of the relationship.

Subject

Article 135 of the Criminal Code of the Russian Federation considers as guilty the imputable natural person who has reached the age of 18 years. The subject can be only a citizen who meets these requirements and was not at the time of the crime committed in a marriage with an underage victim. As noted by lawyers, the increase in the age of responsibility is due to the fact that persons under the age of 18 can not realize the social danger of entering into sexual relations with citizens under 16 years of age. As an aggravating circumstance, but not taken into account in the qualification of an act, is the commission of an offense by the parent or other person to whom the law imposes the obligation to educate minors, to supervise them. Such citizens are, for example, teachers and other employees of an educational, educational, medical and other institution, where people under 18 live.

Qualifying signs

They are provided in parts 3-4 of the article in question. Part Three establishes liability for misconduct in relation to two or more persons having the features described in Parts 1 and 2. In part 4 qualifying criteria include the commission of lewd acts by an organized group, several citizens by prior agreement. Part 5 provides for the responsibility for infringing on the sexual inviolability of persons of 12-16 years of age who have been convicted of similar crimes.

Comments

Depraved actions directed against 2 or more persons can be committed simultaneously or at intervals. In this case, this behavior does not act as a set of crimes. Such acts are classified under part 3 of the article in question, and in the case of grounds and according to part 4-5, if no one has been convicted for such an act earlier. Commitment of the completed crime under art. 135 in relation to one injured person and attempting to encroach upon the sexual inviolability of another citizen can not be regarded as a completed unlawful act. The sequence of actions in such cases is not taken into account. The crimes themselves are qualified according to Parts 1-2, 4-5 of the article in question, as well as under Part 3 of Art. 30 and part 3 of Art. 135 of the Criminal Code.

The verdict (135 of the Criminal Code)

In part one, for the commission of the crime in question, the sanction is distinguished by an alternative and partly cumulative character. In the norm, therefore, punishment is provided in the form of:

1. Mandatory work up to 440 hours.
2. Restrictions of freedom up to 3 years.
3. Forced labor up to 5 years.
4. Imprisonment up to 3 years.

In the last two cases, in addition, the court may prohibit the perpetrator from carrying out certain activities or holding any posts for 3 (in the third case) or 10 (in the last) years. Pursuant to Part 2 of the article under consideration, imprisonment for 3-8 years is appointed with or without a ban on the performance of certain activities or stay in certain positions for up to 15 years, and with restriction of liberty for up to 2 years or without it.

By qualifying signs, this crime is estimated as an act of moderate severity. Part three provides for imprisonment for 5-12 years with the prohibition of certain activities or stay in a number of posts up to 20 years or without it. By its features, this compound refers to serious crimes. Part 5 establishes 10-15 years of imprisonment with a ban on staying in specific positions or the implementation of certain types of activities up to 20 years. This crime is characterized as particularly serious.