1. Involvement in prostitution or coercion to continue prostitution -
shall be punishable by a fine in the amount of up to two hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to eighteen months, or by restriction of liberty for a term of up to three years, or by forced labor for a term of up to three years, or by imprisonment for the same term.
2. The same acts committed:
a) with the use of violence or the threat of its use;
b) with the movement of the victim across the State Border of the Russian Federation or with his illegal detention abroad;
c) by a group of persons by prior conspiracy, -
shall be punishable by imprisonment for a term of up to six years, with or without restriction of freedom for a term of up to two years.
3. Acts provided for in parts one or two of this article, committed by an organized group or in relation to a minor, -
shall be punishable by imprisonment for a term of three to eight 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 or without restriction of freedom for a term of up to two years.
- Article 239. Creation of a non-profit organization that encroaches on the personality and rights of citizens
- Article 240.1. Receiving sexual services from a minor
Commentary to Art. 240 of the Criminal Code of the Russian Federation
The object of the crime is public morality.
An optional object is relations to protect health, bodily integrity, normal moral and physical education of a minor.
The objective side is expressed in action and consists of involvement in prostitution or coercion to continue prostitution.
Prostitution is the systematic entry into sexual relations with an indefinite number of partners for a fee. Prostitution does not involve single sexual contacts, but repeated contacts with various partners, referred to in the law as “occupation.”
Involvement in prostitution means inducing a person to systematically engage in sexual relations for payment.
Methods of enticement into prostitution include persuasion, promises, blackmail, deception, and threats of destruction or damage to property.
Coercion means a requirement to continue prostitution against the will of the victim. Compulsion to continue prostitution is accompanied by mental violence (threats), expressed in the threat of destruction or damage to property or the dissemination of information disgracing the victim or her relatives, or other information, the disclosure of which may cause significant harm to the rights and legitimate interests of the victim or her relatives.
The crime has a formal structure and is considered completed from the moment of committing actions aimed either at engaging in prostitution or forcing the person to continue prostitution.
The subjective side of the crime is characterized by direct intent.
The general subject of the crime is a sane person who has reached the age of sixteen.
In Part 2 of Art. 240 of the Criminal Code of the Russian Federation establishes liability for the same act committed: a) with the use of violence or with the threat of its use; b) with the movement of the victim across the State Border of the Russian Federation or with his illegal detention abroad; c) by a group of persons by prior conspiracy.
The use of violence involves striking the victim, beating her, causing minor (Article 115 of the Criminal Code of the Russian Federation) or moderate (Part 1 of Article 112 of the Criminal Code of the Russian Federation) harm to her health. In case of causing grievous harm to health, an act committed in addition to qualification under Art. 240 of the Criminal Code of the Russian Federation requires additional qualifications under Art. 111 of the Criminal Code of the Russian Federation.
The threat of violence is expressed in intimidation by blows, beatings, causing minor, moderate or severe harm to health, as well as murder. The threat of such harm must be real.
Acts provided for in Part 1 or Part 2 of the article in question, committed by an organized group or in relation to a known minor, entail liability under Part 3 of Art. 240 of the Criminal Code of the Russian Federation. The sign of knowledge means having knowledge of the victim’s age, and this knowledge can stem not only from the fact of close acquaintance, familiarization with documents, etc., but also from the fact of the victim’s appearance, when the latter clearly indicates her minority.
Conviction against Galina I.Kh. under part 3 of article 240, part 1 of article 241 of the Criminal Code of the Russian Federation
Case No. 1-462/2010
SENTENCE
named after the Russian Federation
Neftekamsk August 11, 2010
Neftekamsk City Court of the Republic of Bashkortostan composed of:
presiding judge Akulov A.V.,
with the participation of state prosecutor G.N. Suleymanova,
defender Yandubaeva A.Yu.,
defendant Galina I.Kh.,
under secretary Mufteeva N.V.,
having examined in open court a criminal case on charges
Galina I.Kh., ..., citizen of the Russian Federation, ..., having a young child, working ..., no previous convictions,
in the commission of crimes provided for in Part 3 of Article 240, paragraph “c” of Part 2 of Article 241 of the Criminal Code of the Russian Federation,
INSTALLED:
Galina I.Kh. committed acts aimed at organizing prostitution for other persons and involved a knowingly minor in prostitution. The crimes were committed in the city of Neftekamsk in the Republic of Bashkortostan under the following circumstances.
In the period from July 31, 2009 to February 12, 2010, Galina, encroaching on public morality, deliberately, for selfish reasons, organized a group of girls to engage in prostitution. At the same time, Galina, carrying out criminal activities, committed actions aimed at involving a minor in prostitution.
Thus, on February 8, 2010, in the period from 18:45 to 18:56, during the operational-search activity “Operational Experiment” (hereinafter referred to as ORM “Operational Experiment”), Galina involved a minor in prostitution, Full Name 1, Date anonymized G.O.B. ., knowingly knowing about her minor age, promising the latter a monetary reward for the provision of sexual services in the amount of 500 rubles from each client for one hour. At the same time, Galina explained to FULL NAME1 the rules of work for providing intimate services to men for monetary remuneration, prices for services provided, safety precautions, the need to maintain discipline during work and gave her the pseudonym “Zhanna”.
On February 12, 2010, in the evening, Galina, having received an order from a taxi service driver from Full Name 2, who acted as a client during the Operational Experiment, sent a taxi to the place of residence of Full Name 1, which was delivered to Full Name 2 for the provision of sexual services. After the expiration of the time allotted for executing the order, according to the scheme developed by Galina, the taxi driver picked up Full Name1 from the client and delivered it to the agreed address: ... Full Name1 handed over to Galina the pre-agreed part of the sum of money in the amount of 500 rubles. After which Galina was detained by police officers.
Thus, Galina I.Kh. committed the involvement of a minor in prostitution - a crime provided for in Part 3 of Article 240 of the Criminal Code of the Russian Federation.
In addition, during the above-mentioned period from July 31, 2009 to February 12, 2010, Galina, encroaching on public morality, deliberately, for selfish reasons, by submitting an advertisement in the newspaper “Vestochka” about hiring girls and distributing previously prepared advertisements among taxi drivers business cards, officially unregistered, organized a group of girls for prostitution, promising a monetary reward for providing sexual services in the amount of 500 rubles from each client for one hour. Galina was involved in this group, which was engaged in prostitution under her leadership, Full Name5, Full Name6, Full Name3 and Full Name4
Galina I.Kh., while organizing prostitution, systematically placed advertisements in the city newspaper “Vestochka”, offering work for girls indicating her cell phone number. The number is impersonal, committed actions aimed at involving other persons in prostitution, and also distributed to girls for subsequent distribution among taxi drivers, “Charm” business cards indicating the same cell phone number. Also Galina I.Kh. received from the girls a sum of money in the amount of 500 rubles for each client, organized the delivery of girls to clients and back, using the services of taxi services, whose drivers were given a pre-agreed amount of money in the amount of 500 rubles for transporting the girls.
In particular, FULL NAME3 from December 2009 to January 2010 was engaged in prostitution under the leadership of Galina, servicing four clients. FULL NAME4 From January to February 12, 2010, engaged in prostitution under the leadership of Galina, she served eight clients. Full name 5 served 3 clients from February 8 to February 12, 2010, and full name 6 served 2 clients during the same period.
So, on February 12, 2010, in the evening, Galina, having received an order from a taxi service driver from Full Name 2, who acted as a client during the operational experiment “Operational Experiment,” sent a taxi to the place of residence of a woman previously involved in prostitution, Full Name 1, which was delivered to Full Name 2 for rendering services. sexual services. After the expiration of the time allotted for executing the order, according to the scheme developed by Galina, the taxi driver took Full Name1 from the client and delivered it to the agreed address: .... At the entrance, the number is impersonal, FULL NAME1 handed over to Galina the pre-agreed part of the sum of money in the amount of 500 rubles. After which Galina was detained by police officers.
Thus, Galina I.Kh. committed acts aimed at organizing prostitution for other persons - a crime provided for in Part 1 of Article 241 of the Criminal Code of the Russian Federation.
Defendant Galina I.Kh. She fully admitted her guilt and petitioned for a verdict to be imposed in a special trial procedure.
Defendant Galina is aware of the nature and consequences of her petition; the petition was submitted voluntarily and after consultations with a defense lawyer.
The defense attorney supported Galina’s petition. The state prosecutor in the case agreed with the sentencing in a special trial procedure.
After hearing the parties, the court comes to the conclusion that it is possible to pronounce a sentence in a special trial procedure. Galina’s accusation of committing the incriminated crimes, with which the defendant agreed, is justified and supported by evidence collected in the criminal case.
The qualifying feature “using obviously minors for prostitution”, incriminated against the defendant in the second episode, State Prosecutor Suleymanova, participating in the case, guided by paragraph 1 of Part 8 of Article 246 of the Code of Criminal Procedure of the Russian Federation, excluded from the charges brought by Galina, as excessively imputed, for lack of corpus delicti.
The court considers the prosecutor’s position to be justified, since actions to involve a minor, FULL NAME1, in prostitution are fully covered by paragraph “c” of Part 2 of Article 241 of the Criminal Code of the Russian Federation are not required.
Moreover, from the materials of the criminal case it is clear that FULL NAME1 acted as a person engaged in prostitution during the operational event “Operational Experiment” carried out by police officers, while in fact she did not perform any actions to provide paid services of a sexual nature.
In this connection, what Galina did should be qualified:
- for the first episode - under Part 3 of Article 240 of the Criminal Code of the Russian Federation, as involvement in prostitution committed against a known minor;
- for the second episode - under Part 1 of Article 241 of the Criminal Code of the Russian Federation, as committing acts aimed at organizing prostitution by other persons.
When determining the type and amount of punishment for the defendant, the court takes into account the nature and degree of public danger of the crimes.
No aggravating circumstances have been established in the case.
Mitigating circumstances are the defendant’s full admission of guilt, the presence of a young child, and surrender.
In addition, when imposing a sentence, the court takes into account the impact of the imposed punishment on the living conditions of the defendant’s family, information about her personality: Galina has no previous convictions, is characterized positively at her place of residence and previous place of work, is not registered with the PNDO or NDO, and is employed.
Taking into account the above, the court considers it possible to apply a suspended sentence to Galina.
Based on the above and guided by Articles 303, 304, 307-309, 316 of the Code of Criminal Procedure of the Russian Federation,
SENTENCED:
Galina I.Kh. found guilty of committing crimes under Part 3 of Article 240 and Part 1 of Article 241 of the Criminal Code of the Russian Federation, sentencing her to imprisonment for the following term:
- under Part 3 of Article 240 of the Criminal Code of the Russian Federation 3 (three) years;
- according to Part 1 of Article 241 of the Criminal Code of the Russian Federation 1 (one) year.
According to Part 3 of Article 69 of the Criminal Code of the Russian Federation for the totality of crimes by partial addition, the final punishment for Galina I.Kh. impose imprisonment for a period of 3 (three) years 6 (six) months.
By virtue of Article 73 of the Criminal Code of the Russian Federation, this punishment was given to Galina I.Kh. considered conditional, establishing a probationary period of 2 (two) years.
Oblige the convicted Galina I.Kh. register and appear monthly for registration at the Department of the Federal Penitentiary Service of the Russian Federation at the place of residence, without a written warning from the penitentiary inspection not to change the place of residence and work.
Preventive measure by Galina I.Kh. – the undertaking not to leave the place and proper behavior – not to change until the sentence comes into force.
Physical evidence: “Charm” business cards, a notebook sheet of checkered paper with cell phone numbers, an ad coupon from the “Vestochka” newspaper, a CD-R CD, two video cassettes with audio-video recordings of the ORM “Observation” dated 08, 02 and 12 February 2010 - keep in a criminal case; gauze swab, sections from nails, samples of swabs from fingers and palms of hands by Galina I.Kh. – destroy.
The verdict can be appealed to the Supreme Court of the Republic of Belarus within 10 days from the date of its proclamation. At the same time, the parties cannot appeal the verdict on the grounds provided for in paragraph 1 of Article 379 of the Code of Criminal Procedure of the Russian Federation. If a cassation appeal is filed, the convicted person has the right to petition for her participation in the consideration of the criminal case by the court of cassation.
Judge: A.V. Akulov
The verdict came into force on August 24, 2010.
Judicial practice under Article 240 of the Criminal Code of the Russian Federation
Resolution of the Presidium of the Supreme Court of the Russian Federation dated May 16, 2018 N 31P18
According to the verdict of the Oktyabrsky District Court of Irkutsk dated March 29, 2010 Mandrykin A.V. convicted under Part 1 of Art. 241 of the Criminal Code of the Russian Federation to imprisonment for a period of 2 years, under paragraph “a”, part 2 of Art. 240 of the Criminal Code of the Russian Federation (as amended by Federal Law of December 8, 2003 N 162-FZ) - to imprisonment for a period of 3 years, under paragraphs “a”, “c”, part 2 of Art. 240 of the Criminal Code of the Russian Federation (as amended by Federal Law No. 162-FZ of December 8, 2003) - to imprisonment for a period of 3 years 6 months. Based on Part 3 of Art. The Criminal Code of the Russian Federation for the totality of crimes, by partial addition of punishments, was finally assigned to Mandrykin A.V. punishment in the form of imprisonment for a period of 5 years to be served in a general regime correctional colony.
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated July 18, 2017 N 49-APU17-9
- part 3 art. 240 of the Criminal Code of the Russian Federation to 4 years with restriction of freedom for 1 year; - part 1 art. 163 of the Criminal Code of the Russian Federation (for the episode of February 20, 2015 in relation to R.) to 2 years; - clause “a”, part 3, art. 163 of the Criminal Code of the Russian Federation (for the episode of March 28, 2015 in relation to M.K., A.) to 7 years with restriction of freedom for 1 year;
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated November 9, 2017 N 73-APU17-19
Litvinova Tatyana Evgenievna, ... convicted by the verdict of the Zheleznodorozhny District Court of Ulan-Ude dated November 18, 2016 under Part 2 of Art. 210, paragraphs “b”, “c”, part 2 of Art. 241, part 3 art. 240, part 3 art. 240, part 3 art. 240 of the Criminal Code of the Russian Federation to 2 years 3 months of imprisonment in a general regime correctional colony, -
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated July 20, 2017 N 49-APU17-8
sentenced to imprisonment under Part 1 of Art. 209 of the Criminal Code of the Russian Federation for a period of 10 years with restriction of freedom for 1 year, under Part 3 of Art. 222 of the Criminal Code of the Russian Federation for a period of 5 years, under Part 3 of Art. 162 of the Criminal Code of the Russian Federation for a period of 8 years, under Part 3 of Art. 240 of the Criminal Code of the Russian Federation for a period of 5 years, under clause “a”, part 4 of art. 162 of the Criminal Code of the Russian Federation for a period of 9 years.
Resolution of the Presidium of the Supreme Court of the Russian Federation dated February 28, 2018 N 4-P18
Urmanov Timur Akhatovich, ... was detained on September 4, 2008 in accordance with Art. Art. 91, 92 of the Code of Criminal Procedure of the Russian Federation on suspicion of committing crimes under Part 3 of Art. 240 of the Criminal Code of the Russian Federation. By the decision of the Leninsky District Court of Ufa dated September 5, 2008 in relation to Urmanov T.A. a preventive measure was chosen in the form of detention.
Determination of the Constitutional Court of the Russian Federation dated July 17, 2018 N 1997-O
The above provisions are consistent with the provisions of the Criminal Code of the Russian Federation, which provide for liability for involvement in prostitution or coercion to continue prostitution (Article 240) and for acts aimed at organizing prostitution by other persons, as well as maintaining dens for prostitution or systematically providing premises for prostitution (Article 241). Articles 240 and 241 of the Criminal Code of the Russian Federation operating in the system of legal regulation do not contain uncertainty, as a result of which a person would be deprived of the opportunity to realize the illegality of his actions and foresee the onset of responsibility for their commission and which would prevent the uniform understanding and application of these norms by law enforcement agencies.
Resolution of the Supreme Court of the Russian Federation dated September 17, 2020 N 38-UD20-6-K1
Convicted under paragraph “b” of Part 2 of Art. 241 of the Criminal Code of the Russian Federation to 3 years of imprisonment with restriction of freedom for 1 year; according to paragraphs “a”, “z”, part 2 of Art. 126 of the Criminal Code of the Russian Federation to 6 years in prison, with restriction of freedom for 1 year; according to paragraphs “a”, “c”, part 2 of Art. 240 of the Criminal Code of the Russian Federation to 2 years 6 months of imprisonment, with restriction of freedom for 1 year; on the basis of Part 3 of Art. of the Criminal Code of the Russian Federation to 6 years 6 months of imprisonment with serving the sentence in a maximum security correctional colony, with restriction of freedom for 1 year 6 months (with the establishment of duties and restrictions specified in the sentence).
Resolution of the Supreme Court of the Russian Federation dated September 17, 2020 N 38-UD20-6-K1
convicted under Part 1 of Art. 241 of the Criminal Code of the Russian Federation to 2 years 6 months of imprisonment; according to paragraphs “a”, “z”, part 2 of Art. 126 of the Criminal Code of the Russian Federation to 6 years 6 months of imprisonment, with restriction of freedom for 1 year; according to paragraphs “a”, “c”, part 2 of Art. 240 of the Criminal Code of the Russian Federation to 3 years in prison, with restriction of freedom for 1 year; on the basis of Part 3 of Art. of the Criminal Code of the Russian Federation to 7 years of imprisonment with serving the sentence in a general regime correctional colony, with restriction of freedom for 1 year 6 months (with the establishment of duties and restrictions specified in the sentence).
The lawyer achieved the overturning of the sentence of a person convicted in a special order for distributing pornography
The Judicial Collegium for Criminal Cases of the Eighth Court of Cassation of General Jurisdiction, by its ruling, overturned the conviction of citizen S., convicted of distributing pornographic materials (including with the participation of a minor) via the Internet and canceled the proceedings in the case for lack of corpus delicti.
Lawyer of the Novosibirsk Region AP Andrey Vlasov, who defended S., told AG about the peculiarities of the case and how he managed to get his client acquitted.
The first instance considered the criminal case in a special order
According to investigators, no later than June 19, 2021, S. installed on his personal computer a client program for the peer-to-peer file-sharing network Direct Connect, which gives users the ability to exchange files when connecting to file-sharing servers.
The investigation believed that the citizen had previously copied pornographic materials from the Internet (including those with a minor) onto his computer, and then he had the intention of illegally distributing such materials, which was done using a file-sharing network. This, according to investigators, made pornographic videos available to an unlimited number of users.
Thus, as stated in the indictment, S. committed the illegal distribution of pornographic materials using information and telecommunication networks, as well as the distribution of materials with pornographic images of a minor under 14 years of age. As a result, S. was charged under Art. 242 and 242.1 of the Criminal Code of the Russian Federation.
The criminal case was considered in the Sovetsky District Court of Krasnoyarsk in a special manner. After studying the case materials, the court found that the charge brought against the defendant was justified and supported by the evidence collected in the criminal case. As mitigating circumstances, the court took into account the active contribution of the accused to the detection and investigation of the crime, the unsatisfactory state of his health, and the sincere repentance of the perpetrator.
“There are no circumstances aggravating the defendant’s punishment. Taking into account the actual circumstances of the crimes committed by S. and the degree of their social danger, the court finds no reason to change them to a less serious one. The court is convinced that the goals of restoring social justice, as well as correction and re-education of the defendant S., who does not dispute the fact of committing the crimes in question, repented of his actions, and preventing him from committing new crimes, are fully consistent with the punishment in the form of real imprisonment,” noted in verdict of March 4, 2019 (available from “AG”).
As the court explained, the ban on imposing a suspended sentence also applies to crimes under Art. 242.1 of the Criminal Code of the Russian Federation, committed against minors under 14 years of age. Thus, the court sentenced S. to two years and two months of imprisonment in a general regime correctional colony.
The verdict was not appealed and entered into force on March 14, 2021.
Cassation appeal against the verdict
Later, the relatives of the convicted person turned to lawyer Andrei Vlasov, who filed a cassation appeal in the interests of S. (available to “AG”). In it, he recalled that during criminal proceedings, the event of the crime, as well as the guilt of the person in committing the crime, must be proven: “These circumstances should have been established by the preliminary investigation body and reflected in the charge brought against S.”
The defender emphasized that the provisions provided for in Art. 242 and 242.1 of the Criminal Code of the Russian Federation, acts can only be committed with direct intent, when the perpetrator realizes that he is distributing materials with pornographic images, including images of minors, and desires it. “Committing these actions with indirect intent, when a person is aware of the social danger of his actions, foresees the possibility of socially dangerous consequences, does not want such consequences, but consciously allows these consequences or is indifferent to them, does not entail criminal liability under Art. 242, 242.1 of the Criminal Code of the Russian Federation,” noted in the cassation appeal.
Judicial practice: sentences and punishment under Art. 241 of the Criminal Code of the Russian Federation
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