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.
Bribes, bribery and pimping: how to get imprisoned in the Russian Federation for 3,000 rubles
Good afternoon, dear colleagues!
The document that will be discussed today should be known to every citizen of the Russian Federation who sometimes gives “gifts” to teachers or doctors. All businessmen of the Russian Federation should know this document, because if you know what is written in this document, you will not get into trouble and will not go to jail. This information is for all residents of the Russian Federation, because in our country issues are often not resolved without “gifts”.
Federal Law dated July 3, 2016 No. 324-FZ.
Art. 291.2 of the Criminal Code of the Russian Federation. Petty bribery.
What is petty bribery?
“Receiving a bribe, giving a bribe personally or through an intermediary in an amount not exceeding ten thousand rubles.” If you gave someone a bribe of 5 thousand rubles, then you can get imprisonment for up to 1 year (there are many more options for punishment). And if the same acts were committed by a person with a criminal record, then you can get a term of up to 3 years.
There is also the so-called petty commercial bribery. That is, if you give money to an employee of a commercial organization - for example, in a paid clinic you give money to someone past the cash register.
Commercial bribery not exceeding 10 thousand rubles is punishable by a fine of up to 150 thousand rubles. This is the smallest punishment, and the most severe is restriction of freedom for up to 1 year, that is, you will not be allowed to travel anywhere. Nobody wants to get a fine of 150 thousand rubles for 5 thousand rubles, go to interrogations and have a criminal record.
a Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 24, 2019 No. 59 on this matter .
Great document. Every resident of our country needs to know it if he wants to live in the Russian Federation at all. Every mother should know this when they extort some gifts from her at school, because you can sit down with the one who extorts this gift from you. Every dad needs to know, because “gifts” less than 3 thousand rubles can be turned out at the station. 575 of the Civil Code of the Russian Federation. And the Criminal Code of the Russian Federation says that from 0 to 10 thousand rubles - you’ve already got it. Therefore, how this will correlate with the Civil Code of the Russian Federation is a good question.
Everyone should know this document. He is fat, important, necessary. If only because it is planned to imprison not only those who gave, but also intermediaries.
“Mediation in commercial bribery, that is, the direct transfer of the subject of commercial bribery (illegal remuneration) on behalf of the person transferring the subject of commercial bribery, or the person receiving the subject of commercial bribery, or other assistance to these persons in reaching or implementing an agreement between them on the transfer and receipt subject of commercial bribery."
What is “other assistance in obtaining a bribe or commercial bribery”?
I'll tell you a real example from my practice. Another businessman turns to one businessman: “Van, help me resolve the issues.” He says: “No question, I’ll help.” And he simply gave a phone number, he called a respected person and said: “Listen, respected person! A man is in trouble, help him.” A respected person says: “No question, go ahead.” And the businessman who received help turned out to be a scumbag: he thought the amount was too large or didn’t like something else, and he reported to the FSB.
As a result, the one who gave the phone number served several years. During this time, his entire business was taken away, and as soon as they saw that there was nothing left to take away, he was released on parole. Until the business was squeezed out of him, he continued to sit. It's not always the same.
And there is also pimping. “Mediation in bribery, that is, the direct transfer of a bribe on behalf of the bribe giver or bribe recipient, or other assistance to the bribe giver and (or) bribe recipient in reaching or implementing an agreement between them on receiving and giving a bribe in a significant amount.” That is, it doesn’t matter whether they agreed or not, but you have already sat down, as was the case with this guy. You brought them together. And he sat down.
Conclusion
I don’t know why the Plenum of the RF Armed Forces adopted such a resolution. Maybe they want to defeat corruption in the country. I have no questions for the plenum; it simply explains the current legislation and establishes the general framework for the enforcement of this legislation by the courts. But why such laws were adopted when for a couple of thousand rubles you can sit down for a year is, of course, a question. I don't have an answer to that. Do you think they should be imprisoned for petty bribery? And should we be held criminally liable for petty commercial bribery?
For example, you work in an organization, and for an action (or inaction) you give the deputy general director 3 rubles. This is a “gift” for him to do something as part of his duties. Let me give you a dumber example. Your accountant refuses to give you a salary certificate to submit to the bank, and you want to get a loan. You decided to butter her up a little, brought her a gift (although she should have given you this piece of paper as part of her duties). And she decided to set you up, and you were caught red-handed. You are welcome - a criminal article. This is called commercial bribery. I'm not kidding, it's written in Art. 204 of the Criminal Code of the Russian Federation .
And I have a question: why all this? Write in the comments why such rigidity? Why bring a person to criminal liability if he sincerely gave me a gift worth 3.5 thousand rubles. Maybe it would be better to deal with the $3.5 billion “gifts”? Look the other way. I look forward to your opinions and likes.
Thank you and good luck in your business.
Link to documents:
Federal Law of July 3, 2016 No. 324-FZ
Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 24, 2019 No. 59
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Vladimir Turov
Head of legal practice, practicing and leading specialist in tax planning, building individual tax schemes and holdings, optimizing financial flows.
Second commentary to Art. 241 of the Criminal Code of the Russian Federation
1. The objective side of this crime is characterized by three types of actions.
2. Organizing prostitution by other persons means the activities of pimps, pimps, suppliers of “clients” for prostitutes, intermediaries in negotiations between a prostitute and a “client,” the creation of dens for prostitution, etc.
3. A den for prostitution should be understood as a premises or other place specifically designed or systematically used for a fee to satisfy the sexual needs of citizens. They often operate clandestinely in apartments, dachas, hotel rooms specially rented for this purpose, as well as in rooms, attics, train carriages used for hotels, cabins of ships, etc.
4. The maintenance of dens for prostitution has the same semantic meaning as the maintenance of a den for the consumption of narcotic drugs and psychotropic substances (see commentary to Article 232 of the Criminal Code). The maintenance of a brothel also includes the provision of sexual services with the help of regular or visiting prostitutes.
5. The systematic provision of premises for prostitution involves the constant provision of apartments, rooms, dachas, garden houses and other residential or non-residential premises, cars, etc. to prostitutes (and possibly their “clients”) for a fee or even free of charge. for sexual contacts.
6. The crime should be considered completed from the moment of committing actions aimed at organizing prostitution for another person, even if this person did not actually have time or did not want to engage in prostitution, or from the moment of committing actions to ensure the functioning of a den for prostitution, or from the moment when the provision of premises for prostitution has become systematic.
7. The subjective side of the crime is characterized by direct intent. A characteristic, although not obligatory, subjective feature is selfish motive.
8. Responsibility begins at the age of 16.
9. The commission of the crime under analysis by a person using his official position (clause “a”, part 2) means that the perpetrator uses the actual opportunities arising from his official powers to organize prostitution for other persons.
10. The use of violence (clause “b”) means forceful influence on a prostitute with the aim of withdrawing from her all or part of the remuneration received from the “client”, or with the aim of forcing her to provide sexual services to a specific client with whom she does not want to have sexual contacts , and so on. Light and moderate harm to health caused as a result of the use of violence is covered by the criterion under consideration and does not require additional qualification.
11. Threat of violence (clause “b”) covers threats of any violence, including threats of murder. Violence can be used, and the threat of violence can be addressed to the victim or his relatives.
12. To qualify a crime under paragraph “c”, it is necessary that a person who has reached the age of 18 realizes that his actions contribute to the organization of prostitution by a person who has not reached the age of majority.
13. A particularly qualifying feature (Part 3 of Article 241 of the Criminal Code) is the commission of the crime under analysis involving the use of persons known to be under fourteen years of age for prostitution. In this case, the subject of the crime can only be an adult.
Punishment for organizing prostitution
Punishment for providing premises and maintaining a brothel (Part 1 of Article 241 of the Criminal Code of the Russian Federation):
- imprisonment for up to 5 years;
- a fine in the amount of 100 to 500 thousand rubles;
- a fine in the amount of the income (wages) of the convicted person for a period of 1-3 years;
- forced labor for up to 5 years.
Part 2 art. 241 of the Criminal Code of the Russian Federation provides for punishment for providing premises, organizing prostitution and maintaining a brothel for a certain category of persons, when this act is committed with the use of threats and violence, as well as with the condition of using minors for these purposes.
A certain category of persons includes citizens who used their official position, namely the privileges and powers granted to them in their service, to facilitate the commission of a given crime. These may be employees and managers of non-profit and commercial organizations; officials of local government bodies, state authorities, municipal and state institutions, employees of local government bodies, etc.
The threat of violence is intimidation by beatings, blows, or causing minor, moderate or severe harm to health. It can also be expressed in death threats. The use of violence means beatings and blows. Causing minor or moderate harm to health is possible.
The use of obviously minors is expressed in the use of persons under eighteen years of age. In this case, the person used must be at least 14 years of age. In this case, the guilty person must be aware of the age of the device being used.
A sign of knowledge is the presence of the fact of awareness of age, which can be expressed not only in the fact of close acquaintance, familiarization with documents, but also stem from the fact of appearance, if it clearly indicates a minority.
An act qualified under Part 2 of Art. 241 of the Criminal Code of the Russian Federation is punishable by imprisonment for up to 6 years. In addition, this part of Art. 241 of the Criminal Code of the Russian Federation provides, in addition to the main punishment, restriction of freedom for up to 2 years. Additional punishment is not mandatory.
The only qualifying feature in Part 3 of Art. 241 of the Criminal Code of the Russian Federation is the use of persons under 14 years of age for prostitution. When qualifying a crime under this part of Art. 241 of the Criminal Code of the Russian Federation applies the sign of knowledge, that is, the guilty person is obliged to know about the age of the person used.
Punishment for providing premises, maintaining a brothel and organizing prostitution using a person under fourteen years of age is punishable by: imprisonment for a term of 3-10 years. Additional punishment is restriction of freedom for a period of 1 to 2 years. As in the previous case, additional punishment is not mandatory.
The moment of the end of the crime is considered to be the moment of organization of prostitution.
