What was provided previously
Until 2003, Article 152 of the Criminal Code of the Russian Federation included a description of the crime committed against a child. It included trafficking in minors with various aggravating circumstances (including death, as well as the use of organs); export abroad illegally; the implementation of a criminal plan by several persons and other actions in relation to children that involve the purchase or sale of a person as a commodity.
At the moment, this article has lost force not because this crime has ceased to be socially dangerous, but because it has been moved to another article - 127.1 of the Criminal Code of the Russian Federation, which provides for human trafficking in general. The legislator considered that it does not make sense to allocate a special provision for an act that is already described in the criminal code. Moreover, the punishment for a crime committed against a child is in itself an aggravating event for which an appropriate punishment must be provided.
The essence of the norm
Russian criminal law is constantly being improved. Some norms disappear, some merge with others. Article 152 of the Criminal Code of the Russian Federation lost its legal force back in 2003. Some of its dispositions were transferred to provision 127.1 of the Criminal Code.
So, what did the presented rule of law provide for? The article talked about crimes committed against children. This includes trafficking in minors, illegal export of children abroad, removal of organs or tissues from a child for transplantation, as well as the use of child labor. Similar bans existed both in the Soviet Union and in pre-revolutionary Russia. Considering a person, and especially a minor, a “good” or “thing” was recognized not only as a serious crime, but also as a great sin.
A transaction in relation to a child in the form of taking possession of it and further transfer to third parties should be understood as any paid type of transfer or exchange. Here we are talking about “repaying” a debt, fulfilling an obligation, etc.
The object of the crime, according to Article 152 of the Criminal Code of the Russian Federation, was a minor. The crime is considered completed from the moment the child is transferred to another person and the funds are received.
Thus, the crime in question had a rather voluminous disposition. What punishment awaited the criminal?
Measures
Article 152 of the Criminal Code of the Russian Federation contained sanctions for committed actions, depending on the absence or presence of qualifying criteria.
In particular, child trafficking was punishable by both compulsory and short-term correctional labor, as well as restrictions and deprivation of free movement for up to five years.
Among the special circumstances pointed out by norm 152, part 2, the article of the Criminal Code of the Russian Federation noted those in the presence of which criminals could be imprisoned for a period of 3 to 10 years (points a–g):
- committing an act repeatedly (relapse);
- in relation to several persons;
- a group of persons;
- use of official status;
- illegal export of children (children) abroad;
- carrying out trade transactions with the aim of involving a minor in acts of a sexual nature;
- trafficking in children for the purpose of using their organs for transplantation.
Death of the victim
The third part of the provision (we are still considering Article 152 of the Criminal Code of the Russian Federation, which is still no longer in force) contained the only sign depriving criminals or one guilty person of liberty for up to 15 years - the death of a minor. It is worth noting that only death due to negligence was considered, as well as other consequences, for example, permanent loss of health, etc.
This was due to the fact that the murder of a minor in itself is provided for by a completely different article. In addition, in this part there are two forms of guilt: direct intent and careless form. The first is that the criminal consciously goes to buy or sell a child for some purpose and does not want, for example, consequences such as death to occur during transportation. However, the victim dies, which indicates a careless form of guilt of the criminal, since he could not foresee this outcome of events. However, even with this approach, despite the fact that the guilty person did not want death, the punishment if a criminal act was discovered (and proven) could reach 15 years in a secure institution.
Simple crime
What is the current punishment for child trafficking? A comparison can be made: Article 152, part 2, of the Criminal Code of the Russian Federation (and part one) and 127.1 of the Criminal Code of the Russian Federation, and not just dispositions and sanctions, although they are also very important, but the advisability of absorbing the second article of the first provision.
First of all, it should be noted that trafficking in children (children) is currently provided for in Article 127.1 of the Criminal Code of the Russian Federation, part 2, paragraph B. It turns out that now it is important for the legislator and the public, first of all, that all this happened to a minor who cannot to help himself, does not have the opportunity to escape, to protect himself physically and psychologically, that is, to perform all those actions that an adult is capable of. Thus, children, as the most vulnerable category of the population in this sense, need this not only from social authorities, but also from the Criminal Code.
Accordingly, a criminal, only for the fact that he has made, if one can say so in relation to a person, a transaction for the purchase or sale of a child, no matter for what purpose and regardless of recidivism and other aggravating circumstances, a severe punishment can be imposed.
Civil Code of the Russian Federation, Article 152 of the Civil Code of the Russian Federation
1. A citizen has the right to demand in court a refutation of information discrediting his honor, dignity or business reputation, unless the person who disseminated such information proves that it is true. The refutation must be made in the same way in which information about the citizen was disseminated, or in another similar way.
At the request of interested parties, it is possible to protect the honor, dignity and business reputation of a citizen even after his death.
2. Information discrediting the honor, dignity or business reputation of a citizen and disseminated in the media must be refuted in the same media. A citizen in respect of whom the specified information has been disseminated in the media has the right to demand, along with a refutation, that his response also be published in the same media.
3. If information discrediting the honor, dignity or business reputation of a citizen is contained in a document emanating from an organization, such a document is subject to replacement or revocation.
4. In cases where information discrediting the honor, dignity or business reputation of a citizen has become widely known and, in connection with this, a refutation cannot be brought to public knowledge, the citizen has the right to demand the removal of the relevant information, as well as the suppression or prohibition of further dissemination of this information by seizure and destruction, without any compensation, of copies of material media containing the specified information made for the purpose of introducing into civil circulation, if without destroying such copies of material media, deleting the relevant information is impossible.
5. If information discrediting the honor, dignity or business reputation of a citizen turns out to be available on the Internet after its distribution, the citizen has the right to demand the removal of the relevant information, as well as a refutation of this information in a way that ensures that the refutation is communicated to Internet users.
6. The procedure for refuting information discrediting the honor, dignity or business reputation of a citizen in cases other than those specified in paragraphs 2 - 5 of this article is established by the court.
7. Application of penalties to the violator for failure to comply with a court decision does not relieve him of the obligation to perform the action prescribed by the court decision.
8. If it is impossible to identify the person who disseminated information discrediting the honor, dignity or business reputation of a citizen, the citizen in respect of whom such information was disseminated has the right to apply to the court to declare the disseminated information untrue.
9. A citizen in respect of whom information discrediting his honor, dignity or business reputation has been disseminated, along with a refutation of such information or publication of his response, has the right to demand compensation for losses and compensation for moral damage caused by the dissemination of such information.
10. The rules of paragraphs 1 - 9 of this article, with the exception of provisions on compensation for moral damage, can also be applied by the court to cases of dissemination of any untrue information about a citizen, if such a citizen proves that the specified information does not correspond to reality. The limitation period for claims made in connection with the dissemination of the specified information in the media is one year from the date of publication of such information in the relevant media.
11. The rules of this article on the protection of a citizen’s business reputation, with the exception of provisions on compensation for moral damage, respectively apply to the protection of the business reputation of a legal entity.
Use of position
If the act was committed by a person who holds a certain position somewhere in the state or other service, sanctions against him are established equal to imprisonment for a term of up to 15 years. In addition, the culprit may be deprived of the opportunity to hold any position during the same period. Restriction of freedom is also provided, but this is an alternative punishment, and therefore can be applied at the discretion of the judge in accordance with the circumstances and evidence.
Article 152, part 2, of the Criminal Code of the Russian Federation did not impose restrictions on service and positions, although the disposition, in paragraph D, mentions a perpetrator of this category.
In Article 127.1, a note can be noted that states that a person who has committed a crime for the first time may be released from criminal liability under certain circumstances (cooperation with the police, voluntary release of the victim, and others). However, this only applies to adult victims of the criminal. In the case of child trafficking in particular and in the presence of other special signs, primacy is not considered at all.
Human trafficking
In 2003, Article 152 of the Criminal Code of the Russian Federation lost force, and some of its provisions were transferred to Article 127.1 “Trafficking in Persons” of the Criminal Code. This provision refers to trafficking in persons, which may include minors. Lawyers decided to eliminate the old norm due to its inconsistency with the chapter of the Code. Chapter 20, which contained Article 152 of the Criminal Code of the Russian Federation, was devoted to crimes against minors and families. The norm itself is more suitable for Chapter 17, which talks about crimes against honor, freedom and dignity of the individual.
Today, the sanction for buying and selling people is imprisonment for a term of up to six years. For the same crime against minors, the court can impose up to 15 years in prison.
Minimum and maximum terms
In addition, the limits of punishment can be noted. When compared, it turns out that the act described in Article 152 of the Criminal Code of the Russian Federation in Part 1, simply for the sale and purchase of a minor, not burdened by any other circumstances, is punishable for up to 5 years (only imprisonment is considered).
In the new provision, for the same actions, the perpetrators are punished for a term of 3 to 10 years. Thus, you can see that the upper limit has become larger, because it is still unknown what kind of psychological (or physical) trauma the criminal inflicted on the child through his actions.
Article 152, part 2, of the Criminal Code of the Russian Federation provides for various qualifying criteria that can lead to punishment from 3 to 10 years in prison. In the current article on child trafficking, the victim itself is a special circumstance and qualifying feature.
The death of a victim in the new situation (which includes Article 152 of the Criminal Code of the Russian Federation) entails imprisonment for the criminal in a secure institution for a period of 8 to 15 years. Let's compare with part three of Article 152: the death of the victim is punishable by a term of 5 to 15 years. Thus, “in a new way” the lower limit is closer to the maximum, since the act is especially serious. And depending on other circumstances of a different nature (mostly aggravating), the guilty person may be sent to a colony for life.
This is not indicated in the article, but judicial practice shows that there are many cases where the first “purchase and sale transaction” gives rise to other crimes related to murder, perversion and particularly cruel treatment. That is why punishment is imposed mainly for a set of crimes with many episodes, for a period until the biological death of the offender.
Sanctions for trafficking in minors
According to Article 152 of the Criminal Code of the Russian Federation, Part 2, for the purchase and sale of minors, a sanction was provided in the form of compulsory labor for a period of 160 to 240 hours. Other options for sanctions are correctional labor for up to two years or imprisonment from 3 to 5 years. The criminal act can be complicated if, during the purchase and sale, injuries incompatible with life were inflicted on a minor, that is, the death of a child will entail imprisonment for up to 15 years.
Aggravating circumstances included prior conspiracy or organization of a criminal group. In this case, the Criminal Code referred to Article 141, which refers to a sanction in the form of arrest for up to 5 years.
