Today we will be interested in article 232 of the Criminal Code of the Russian Federation. It regulates the penalties for organizing dens, or for providing (systematic) premises for their existence. In general, this is a pretty terrible felony. And violators will certainly be punished. Especially the main organizer of this "community". Let's try to understand what kind of crime there is a place to be (its composition), as well as what measures will be applied to criminals committing this act.
Standards
In principle, it is not difficult to guess which measures will be discussed. The thing is that article 232 of the Criminal Code of the Russian Federation (its first part) indicates that criminal liability is laid on the maintenance and organization of brothels. For many, it is associated with imprisonment. And it is right. It is this measure that will take place in this case.
Deprivation of liberty for organizing or maintaining dens and providing places to support them can last up to 4 years. Plus, there is a special additional measure. The criminals will be obligatory put on a so-called suspended sentence after release from places of detention. It is established by the court on an individual basis, but cannot exceed 12 months. By the way, the obligation in article 232 of the Criminal Code is not spelled out. This is an unwritten rule that applies in practice. In fact, by law, a restriction of freedom may not occur.
Collusion
In Russia, an even more serious crime is considered an unlawful act committed by prior conspiracy or simply by several citizens. And a similar case in dens is not uncommon. Hence, in Art. 232 of the Criminal Code, it will be possible to find the punishment imposed in such a situation.
What will be the criminals? Firstly, the punishment will be assigned to each his own. That is, all the established deadlines and measures will apply to each participant in the case. There are no general terms of stay in prison (some believe that you can simply divide these measures “equally” into each person involved in the crime, this is not so).
Imprisonment in case of conspiracy or acting in a group regarding the organization of dens of various nature, as well as in the provision of premises for them, will last from 2 to 6 years. As already mentioned, for every criminal. They also have the right to impose a restriction of freedom. The suspended sentence, again, is imposed on each person involved in the criminal case. And it lasts up to 24 months. The exact terms are passed by the court after a careful consideration of all the nuances.
Organization
Art. 232 of the Criminal Code in the new edition (and not only) implies another rather interesting point. Working in collusion or in a group is, of course, a terrible deed. But even more serious is a crime committed by an organized group. Do not confuse this with conspiracy or arrangement.
Actually, such a violation is punished by the most serious method. If an organized group provided premises for the use of psychotropic or narcotic substances, as well as organized and maintained dens, its participants are sentenced to imprisonment. It is easy to guess that this measure is the main one. So, getting away from imprisonment does not work. With this development of events, the length of stay in prison varies between 3 and 7 years.
Restriction of freedom also has a place to be. At the same time, the conditional term can be either assigned or not. In practice, of course, it will be applied very often, almost constantly. The restriction of freedom for brothels or the provision of premises for them will be no more than 2 years. These are the norms established by law.
Taxonomy
And now a little about the features of Article 232 of the Criminal Code. The thing is that not only the direct organization or maintenance of brothels is punished under this law. It has already been noticed that the provision of premises for these is also punishable. Only systematic actions are taken into account. A single act is unlikely to be punished in practice - it is too difficult to prove.
What is meant by systematic provision? When the premises are "issued" to criminals for brothel more than two times. Many believe that two times are already counted. In practice, this is the case. It is enough to provide two times a room for a brothel or "narcotic evening party" to become a direct participant in the crime, which will be punished under Art. 232 of the Criminal Code.
Comments
Particular attention should be paid to comments that help to fully understand the offense. After all, for example, the corpus delicti does not always occur. If it is not, then no one will judge you by this or that article. In any case, precisely such rules apply in Russia.
In article 232 of the Criminal Code, comments indicate that the content of the brothel and the organization of activities related to the adoption of psychotropic as well as narcotic drugs are directed. That is, participants are aware of what they are doing. And it is not so important, from what motives - entertainment for the sake or for selfish purposes. The fact remains.
By organization here is meant the search and hiring of premises where you can directly take drugs. Purchase thereof included here. But under the content - intentional actions that imply the organization of the direct process.
Structure
It is important to understand which art. 232 of the Criminal Code of the Russian Federation. After all, not everyone will be punished for committed acts. An important point here is the age of the participants in the event. The criminal liability for such a violation, according to the legislation of the Russian Federation, comes from 16 years. In this case, a person should initially be sane.
The subjective side is characterized by direct intent. That is, criminals are fully aware that they contain or organize a brothel, or repeatedly provide premises for it. An act may have a specific purpose, but it does not affect the corpus delicti. In other words, the motive is not a sign of a perfect illegal act.