The Criminal Code provides for an article establishing the punishment for sexual abuse. Minors are victims. Consider further art. 135 of the Criminal Code.
Corpus delicti
Part one provides for punishment fora crime without violence against 16-year-olds. Guilty is a citizen who has reached the age of 18. As part two, the punishment is established 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 lecherous actions as a violation of the sexual integrity of the victims. In addition, the perpetrator encroaches on the normal physical and mental state of minors.
The objective side
Early expression of interest in sexuality,due to the influence of external factors, can lead to a violation in the formation of moral attitudes associated with sexual relations. As a result, victims develop a cynical perception of sexual intercourse. As victims of crimes established in the Criminal Code of the Russian Federation, Article 135, as a rule, is a person who demonstrates licentiousness in sexual life. They are easily influenced and engaged in prostitution. Such circumstances determine the commission of such sexual offenses in the future. As an optional object are citizens who are under 16 years old. In this case, the circumstances are aggravated by the injury of the victim to the health of the victim. The damage is caused, in particular, by the insufficient development of the sexual organs of the citizen in respect of whom the crime is committed.
Signs of injured
They are essential in qualifyingcrimes under the Criminal Code. Article 135, in particular, establishes the age of the victim as one of the main criteria. Thus, in the first part, responsibility is provided for unlawful behavior in relation to persons who have reached the age of 14, but who have not yet turned 16 years old. In the second and fifth parts of the victims are citizens who are 12, but not yet fourteen years old. Article 135 of the Criminal Code of the Russian Federation in ch. 3 and 4 establishes responsibility for the encroachment on persons as 12-14 as well as 14-16 years. Qualification of a crime according to age criteria is allowed only if the perpetrator allowed or knew for sure that the victim had not reached a certain age. Criminal case under art. 135 of the Criminal Code of the Russian Federation cannot be initiated if an encroachment is committed on a citizen under 12 years old. This is due to the fact that the law establishes that such a person, due to his age, is in a helpless state and cannot understand the meaning and nature of the acts that are committed with him. For the qualification of the act does not matter the presence or absence of prior experience of sexual contact with the victim. Does not affect the punishment and the level of his knowledge of sexual relationships.
Important point
When qualifying a crime according to the stipulatedIn the Criminal Code of the Russian Federation, Article 135 requires finding out whether the minor victim was married to a person who has reached the age of 18. In accordance with the legislation, in order to hold accountable a guilty citizen, in relation to whom an infringement has been committed, should not be married / married. The possibility of minors to marry persons who have reached the age of 18 is allowed in a number of regional Federal Laws. Thus, in Kaluga, Samara, Vladimir, Vologda, Rostov and Moscow regions the age for registration of relations is reduced to 14 years, in Ryazan, Murmansk and Tver - to 15, in the Oryol and Novgorod regions, and also in Bashkortostan restrictions are not set. If there are persons in the marriage, one of whom has reached 16, and the other is 18 years old, then it is impossible to qualify the acts of an adult under the 135th Criminal Code. In this case, they will not be considered a crime. This provision applies only to those actions that have been committed after marriage / marriage. In this case, the spouse may be held accountable after marriage for offenses that occurred before the official registration of the relationship.
Subject
Article 135 of the Criminal Code of the Russian Federation as guiltyconsiders a sane person over 18 years old. The subject can only be a citizen who meets these requirements and was not at the time of the crime in marriage with a minor victim. According to legal scholars, raising the age of responsibility is due to the fact that persons under 18 years of age cannot be aware of the public danger of having sex with citizens under 16 years of age. As an aggravating circumstance, but not taken into account when qualifying an act, is the commission of an offense by a parent or another person who is charged by the law to educate minors and supervise them. As such citizens are, for example, teachers and other employees of the educational, educational, medical and other institutions, in which people under 18 are staying.
Qualifying signs
They are provided in parts 3-4.article under review. Part three establishes responsibility for misconduct in respect of two or more persons, having the features described in parts 1 and 2. In part 4, qualifying criteria include the commission of debauchery actions by an organized group, by several citizens in a preliminary conspiracy. Part 5 provides for liability for encroachment on the sexual integrity of persons aged 12–16 years to those responsible for a criminal conviction for similar crimes.
Comments
Depraved actions directed against 2or more persons may be performed simultaneously or at intervals. In this case, this behavior does not act as a set of crimes. Such actions are qualified according to part 3 of the article under consideration, and if there are grounds for that under part 4-5, if not one such act was previously convicted of the perpetrator. Committing a completed crime under Art. 135 in relation to one victim and an attempt to encroach upon the sexual inviolability of another citizen cannot be regarded as a completed wrongful act. The sequence of actions in such cases is not taken into account. The crimes themselves are classified under ch. 1-2, 4-5 of the article in question, as well as under ch. 3 art. 30 and Part 3 of Art. 135 of the Criminal Code.
Verdict (135 of the Criminal Code of the Russian Federation)
In the first part, for the commission of the crime in question, the sanction is distinguished by an alternative and partially cumulative character. In the norm, thus, the punishment is in the form of:
- Mandatory work up to 440 hours.
- Restrictions on freedom up to 3 years.
- Forced labor up to 5 years.
- Imprisonment up to 3 years.
In the latter two cases, the court may additionallyprohibit the guilty to carry out some activities or hold any positions for 3 (in the third case) or 10 (in the last) years. Under part 2 of the article under consideration, imprisonment is imposed for 3-8 years with or without a ban on carrying out certain activities or staying on certain posts up to 15 years, as well as with restriction of freedom up to 2 years or without it.
By qualifying this crimeestimated as a moderate act. Part three provides for imprisonment for 5-12 years with a ban on the implementation of certain types of activities or stay in a number of posts up to 20 years or without it. By its characteristics, this composition refers to serious crimes. Part 5 establishes 10–15 years of imprisonment with a ban on staying in specific posts or carrying out certain types of activities up to 20 years. This crime is characterized as especially grave.
