The Criminal Code of the Russian Federation provides an article establishing a punishment for depraved acts. The victims are minors. Let us consider in more detail Art. 135 of the Criminal Code.
Corpus delicti
Part one provides for punishment for a crime without violence against 16-year-olds. A citizen who has reached 18 years of age is recognized as guilty. In the second part, the punishment is established for acts committed against citizens of 12-14 years old without violence. Norm No. 135 of the Criminal Code of the Russian Federation considers lecherous acts as a violation of the sexual integrity of victims. In addition, the perpetrator encroaches on the normal physical and mental state of minors.
Objective side
The early manifestation of interest in sexual life, 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 contact. The victims of crimes established in the Criminal Code of the 135th article, as a rule, are persons who demonstrate licentiousness in sexual life. They are easily influenced and involved in prostitution. Such circumstances determine the future commission by such persons of sexual offenses. As an optional object are citizens who have not reached the age of 16. In this case, the circumstances are exacerbated by causing harm to the health of the victim by the actions of the perpetrator. The damage is caused, in particular, by the insufficient development of the genitals of the citizen in respect of whom the crime is committed.
Signs of Victims
They are essential in qualifying 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. So, in the first part, liability 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, the victims are citizens who are 12, but not yet fourteen years old. Article 135 of the Criminal Code of the Russian Federation in parts 3 and 4 establishes liability for an infringement of persons of 12-14 and 14-16 years. Qualification of a crime by 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 commenced if the assault is committed on a citizen under 12 years of age. This is due to the fact that the legislation establishes that such a person, in view of his age, is helpless 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 previous experience of sexual contact with the victim. Does not affect the punishment and the level of his knowledge of sexual relations.
Important point
When qualifying crimes under article 135 of the Criminal Code, it is necessary to find out whether the minor victim was married to a person who had reached 18 years of age. In accordance with the law, in order to bring the perpetrator to justice, a citizen in respect of whom an assault has been committed should not be married. The possibility of minors to marry persons over the age of 18 is allowed in a number of regional federal laws. So, in the Kaluga, Samara, Vladimir, Vologda, Rostov and Moscow regions, the age for registering relations has been reduced to 14 years, in Ryazan, Murmansk and Tver regions to 15, in the Oryol and Novgorod regions, as well as in Bashkortostan, no restrictions have been established. If the marriage consists of persons, one of whom has reached 16, and the other has reached 18 years of age, then it is impossible to qualify the acts of an adult in accordance with 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 acts that are committed after marriage / marriage. In this case, the spouse may be held liable after marriage for the offenses that took place before the official registration of the relationship.
Subject
Article 135 of the Criminal Code of the Russian Federation considers a sane individual who has reached 18 years of age as the culprit. The subject can only be a citizen who meets these requirements and was not at the time the crime was committed in marriage with a minor victim. According to lawyers, increasing the age of responsibility is due to the fact that people under 18 cannot be aware of the social danger of having sex with citizens under 16 years of age. An aggravating circumstance, but not taken into account when qualifying an act, is the commission of a crime by a parent or another person to whom the law imposes an obligation to educate minors and to supervise them. Such citizens are, for example, teachers and other employees of an educational, educational, medical and other institution in which people under 18 stay.
Qualifying signs
They are provided for in parts 3-4 of this article. Part three establishes liability for unlawful behavior against two or more persons, having the characteristics described in parts 1 and 2. Part 4 includes qualifying criteria as committing depraved acts by an organized group, several citizens by prior agreement. Part 5 provides for liability for assault on the sexual inviolability of persons 12-16 years old to those guilty who have a criminal record for similar crimes.
Comments
Depraved actions directed against 2 or more persons can be committed simultaneously or at intervals. In this case, such behavior does not act as a combination of crimes. Such acts are qualified under part 3 of the article in question, and in the case of the existence of grounds, and under part 4-5, if the perpetrator was not previously convicted of any such act. Committing a completed crime under Art. 135 with respect to one injured person and attempted assault on the sexual inviolability of another citizen cannot be regarded as a completed unlawful action. The sequence of acts in such cases is not taken into account. The crimes themselves are qualified under parts 1-2, 4-5 of the article in question, as well as under part 3 of article 30 and h. 3 Art. 135 of the Criminal Code.
Sentence (135 of the Criminal Code)
In the first part, for the commission of the crime in question, the sanction is distinguished by an alternative and partially cumulative nature. Normally, therefore, punishment is provided 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 last two cases, the court may additionally prohibit the perpetrator from carrying out certain activities or holding any positions for 3 (in the third case) or 10 (in the last) years. According to part 2 of this article, imprisonment of 3-8 years is appointed with or without a ban on certain activities or staying at certain posts for up to 15 years, as well as with or without restriction of liberty up to 2 years.
According to qualifying signs, this crime is assessed as an act of moderate gravity. Part three provides for imprisonment of 5-12 years with a ban on certain activities or stay in a number of posts for up to 20 years or without it. According to its characteristics, this composition refers to serious crimes. Part 5 establishes 10-15 years of imprisonment with a ban on staying at specific posts or performing certain types of activities up to 20 years. This crime is characterized as especially grave.