When looking for a criminal lawyer, it is absolutely logical to seek to find a specialist with experience in defending under a specific article of the Criminal Code, or a set of articles.
This is the right decision, and you have already taken the first step. You are on the website of the College of Criminal Lawyers, whose competence extends to Art. 241 of the Criminal Code of the Russian Federation Organization of prostitution. We believe that you or your relative are facing criminal prosecution under Art. 241 of the Criminal Code of the Russian Federation or a case has already been initiated and a lawyer has been appointed in accordance with Art. 51 of the Criminal Procedure Code of the Russian Federation does not suit you with something and you are looking for an alternative. In this case, the right decision would be to dial the phone number indicated on the website and talk to a lawyer under Art. 241 of the Criminal Code of the Russian Federation Organization of prostitution. CRIMINAL LAWYER call now: ☎ 8 (495) 532-75-40
Organizing prostitution as a crime under Art. 241 of the Criminal Code of the Russian Federation
Article 241. Organization of prostitution
1. Acts aimed at organizing prostitution by other persons, as well as maintaining dens for prostitution or systematically providing premises for prostitution -
shall be punishable by a fine in the amount of one hundred thousand to five hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of one to three years, or by forced labor for a term of up to five years, or by imprisonment for the same term.
2. The same acts committed:
a) by a person using his official position;
b) with the use of violence or the threat of its use;
c) using minors for prostitution, -
shall be punishable by imprisonment for a term of up to six years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to ten years or without it and with restriction of freedom for a term of up to two years or without it.
3. Acts provided for in parts one or two of this article, committed with the use of persons under fourteen years of age for prostitution -
shall be punishable by imprisonment for a term of three to ten years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to fifteen years and with restriction of freedom for a term of one to two years or without it.
The specified composition of the Criminal Code of the Russian Federation threatens with a rather severe punishment, but thanks to the correct actions of the defense lawyer in criminal cases, the sentence can be mitigated and the punishment will be less severe. In rare cases, there are prospects for reclassification of the crime to a more lenient crime or even decriminalization and termination of criminal prosecution. But such opportunities, if they exist, are best discovered and used at the earliest stage of verification in accordance with Art. Art. 144-145 Code of Criminal Procedure of the Russian Federation. Once a criminal case has been initiated and progressed, it is a very rare case that the prosecution will end. But the defender will use any opportunities that are not prohibited by law. The ultimate goal of defense in criminal cases is always to improve the situation of one’s client, mitigate responsibility up to and including release from punishment and acquittal. Although the latter is not always possible, the desire for such an outcome should always be present.
Commentary to Art. 241 Criminal Code
1. The composition is formulated as a composition with alternative actions: a) organizing prostitution (i.e., committing any actions promoting prostitution); b) maintenance of a brothel (i.e. provision of residential or non-residential premises (search, rental) to persons for systematic prostitution for a certain fee, maintenance of this premises in a suitable condition (payment of rent, utilities, repairs, etc.)); c) systematic provision of premises for prostitution (i.e. provision of an apartment, dacha, room for prostitution; making a profit is not necessary).
2. A sign of systematicity is mandatory, i.e. performing actions 3 or more times.
Lawyer under Art. 241 of the Criminal Code of the Russian Federation Organization of prostitution
Lawyer under Art. 241 of the Criminal Code of the Russian Federation Organization of prostitution is necessary for those who are subject to criminal prosecution under this article. Protection under Art. 241 of the Criminal Code of the Russian Federation is based on deep practical experience of defense in criminal cases. The lawyer, not only at the level of theoretical knowledge of the criminal process, but also based on many years of practice, will explain to the client all the nuances and guide him along the right path. A call to a lawyer can change the situation in a positive direction. Therefore, timely request for legal assistance contributes to the possibility of using a wider range of defense methods in criminal proceedings than when entering the case at a later stage. Call a lawyer immediately as soon as you are faced with the question of seeking protection from criminal prosecution. You can do it right now! The telephone number of a criminal lawyer is listed on the website.
Judicial practice under Article 6.11 of the Code of Administrative Offenses
Ruling of the Supreme Court of the Russian Federation dated March 14, 2017 N 305-AD16-19668 in case N A40-104265/16
As follows from the case materials and established by the courts, the applicant was brought to administrative responsibility under Part 1 of Article 6.11 of the Code of Administrative Offenses of Moscow, which provides for sanctions for the use a land plot owned by the city of Moscow, or a land plot for which state ownership is not demarcated, in violation of the requirements established by regulatory legal acts of the city of Moscow for the preparation of documents that are the basis for the use of such land plots, except for the cases provided for in Article 6.13 of the Code of Administrative Offenses of the city Moscow.
Ruling of the Supreme Court of the Russian Federation dated May 28, 2020 N 305-ES20-6713 in case N A40-122633/2019
It is taken into account that by the decision of the Nagatinsky District Court of Moscow dated June 18, 2018, the resolution of the administrative body dated April 17, 2019 on bringing the company to administrative liability under Part 1 of Article 6.11 of the Code of the Russian Federation on Administrative Offenses was left unchanged. In the cassation appeal, JSCB "Slavia" repeats the position taken in support of the application, which was studied by the lower courts and received an assessment. The motives that guided the courts are set out in judicial acts.
Arbitrage practice
Situation 1 . Three residents from Tomsk were put on trial for organizing the prostitution of other people. One of the defendants illegally acquired an organization providing paid sexual services. For six months he exercised general control of the illegal organization. The second defendant acted as a driver: he organized the constant and quick delivery of girls to customers. He also distributed business cards and hired girls and other drivers. The third defendant in the criminal case was a financial director - she received money from the work of prostitutes, paid them salaries, rented housing for the girls, and produced and distributed business cards. The court found all members of the illegal group guilty under Part 1 of Art. 241 of the Criminal Code of the Russian Federation. Taking into account aggravating and mitigating circumstances, the organizer was given the following punishment: 3 years of suspended imprisonment with a probationary period of 4 years. His partners were sentenced to 2 years and 8 months of suspended imprisonment with a probationary period of 4 years.
Situation 2 . In Kemerovo, a sentence was passed against persons who organized prostitution activities. The criminals involved underage girls for this (often these were girls from boarding schools or from dysfunctional families). For 4 whole years, a group of 6 people maintained a den. For refusing to work, girls were threatened with death or sold to another similar group. After 4 years, the group’s activities were stopped by the police. The organizer of the criminal group will now have to think about his actions in prison, where he will serve 3 years under Art. 241 of the Criminal Code of the Russian Federation. The court also sentenced other participants involved in complicity to prison terms of 3 to 5 years (not only for organizing prostitution, but also for human trafficking).
Situation 3 . A resident of the capital, who has an official place of work and has no previous convictions, in order to obtain additional profit, invited her friend to provide intimate services to clients for money under her criminal patronage. At the same time, the convict put moral and psychological pressure on the girl. A woman who organized additional work for herself and involved another person in prostitution was sentenced to 2 years of suspended imprisonment, taking into account mitigating circumstances.
For the systematic provision of premises to people engaged in prostitution, for the organization of this illegal activity, as well as for the maintenance of a brothel, a person is liable under Art. 241 of the Criminal Code.
Depending on the degree of aggravating circumstances (involvement of minors in prostitution, forcing girls/boys to engage in prohibited activities, abuse of official position), the punishment can vary, ranging from a fine of 100 thousand rubles to a real term of 10 years.
Analysis of terms in article 240
Parts 1 and 2 art. 240 states that the health of people and the morality of society is the object of a crime (prostitution).
According to Part 1, the objective side is specific criminal actions.
The crime has the status of completed from the moment when its subject committed the designated actions. It does not matter whether the victim was persuaded to engage in prostitution.
The subject is a person who is already 16 years old.
As for the subjective side, this is a person who is aware that, using violence or psychological threats, or fraud, he is luring another person into prostitution.
Part 2 states that violence is physical influence on a person forced into prostitution. Violent measures are expressed in special damage to his health. If the latter suffers serious damage, the crime may be classified under the relevant articles.
Psychological threat is associated with intimidation of a person that physical force will be applied to him if he refuses to engage in prostitution.
Part 3 implies more stringent measures if the victim of these acts is a person under 18 years of age. Moreover, these acts were committed by an organized group.
How to close a brothel?
However, if you are bothered by a brothel in your neighborhood and you have repeatedly raised the question of how to close the brothel, but appeals to the police did not bring the necessary result, either due to corrupt interests or simple unwillingness to work...
Our Law Office will file a complaint against the unfounded refusal to initiate a criminal case, and will also make every effort to bring the organizers of this brothel to justice. She will help you prepare the necessary statements, appeal the actions or inactions of officials, including in court, and all this to protect your legal rights.
1949 Convention
It was agreed upon in New York. Its goal is to suppress the following crimes of international significance:
- Human trafficking.
- Forcing another person into prostitution, even with her consent.
- Maintenance of stash houses or any control over them.
- Intentional rental of premises for prostitution by third parties.
- Attempt to carry out the designated points. Preparation for their implementation and intentional participation in them.
The Soviet Union joined this convention in 1954.
In accordance with its final provision in the Criminal Code of the Russian Federation, prostitution is punishable by the following articles (depending on the severity of the crime):
- No. 240 – for involvement.
- No. 241 - for organizing brothels or supporting them.
- No. 151 – for the involvement of persons under 18 years of age.
Not a single article for prostitution in the Russian criminal legal sphere affects the following acts reflected in the Convention:
- solicitation for prostitution of other persons, subject to their consent,
- pimping and seduction for the same purposes under the same conditions.
