PRODUCTION AND DISTRIBUTION OF PORNOGRAPHIC MATERIALS OR OBJECTS OF A PORNOGRAPHIC CHARACTER.
CHILD PORNOGRAPHY.
Criminal lawyer under Article 343 of the Criminal Code of the Republic of Belarus
notes that according to statistics provided by law enforcement agencies, in the Republic of Belarus there is an increase in the number of crimes related to the distribution of pornographic materials. And, as a rule, in most cases, the transmission of pornographic information is carried out using mobile phones and via the Internet.
Be it any institution, transport or home - you are always in touch and ready to communicate. And how you want, having a minute of free time, to share with classmates, friends or just acquaintances some news, new images and pictures, photographs or videos downloaded from the Internet.
And here the question arises: How often do we think about what kind of picture, photograph or video we send to another person? What consequences could there be from the fact that I forwarded this picture to a third party and what could I face for this?
In this article we want to tell you what the production and distribution of pornographic materials is, what child pornography is, and what responsibility is provided for by the criminal legislation of the Republic of Belarus for these acts.
Currently, the Criminal Code of the Republic of Belarus contains two articles providing for liability for acts related to pornography - article 343 of the Criminal Code and article 343-1 of the Criminal Code.
You need urgent help from a lawyer under Article 243 of the Criminal Code of the Republic of Belarus. in Minsk - call: + 375 44 740-32-69 or + 375 29 693-63-43
What does criminal law say?
So that you, our dear readers, understand about these types of crimes, their characteristics and responsibilities, let’s dive into criminal law.
These articles are located in Chapter 30 of the Criminal Code of the Republic of Belarus “Crimes against public order and public morality.”
Article 343 of the Criminal Code of the Republic of Belarus
and
343-1 of the Criminal Code of the Republic of Belarus
have a number of signs (qualifying signs), depending on the presence of which, the actions of the guilty person are qualified by the investigation under the relevant part of the specified article of the Criminal Code of the Republic of Belarus, and for which responsibility and punishment arise, established by this part of the specified article, i.e. . sanction of the article.
The Criminal Code of the Republic of Belarus legally defines what constitutes a criminal offense under Article 343 of the Criminal Code and defines the qualifying features of this crime.
Such qualifying features for Part 1 of Article 343 of the Criminal Code of the Republic of Belarus are
:
— manufacturing
or
storage for the purpose of distribution or advertising
or
distribution
,
advertising
,
broadcast
or
public display
of pornographic materials, printed publications, images, films, videos or scenes of pornographic content, or other items of a pornographic nature.
Qualifying characteristics for Part 2 of Art. 343 of the Criminal Code of the Republic of Belarus are
:
— performing the actions specified in Part 1 of Art. 343 of the Criminal Code of the Republic of Belarus by a group of persons by prior conspiracy
or
by an organized group
or
using the global computer network Internet
, another
public telecommunication network
or
a dedicated telecommunication network
, as well as distribution, advertising, broadcast or demonstration
to a minor of
pornographic materials, printed publications, images, films, videos or scenes of pornographic content, other items of a pornographic nature committed by a person who has reached the age of eighteen.
Commentary on Article 343 of the Civil Code of the Russian Federation
1. Paragraph 1 of the commented article establishes the rule for the maintenance and insurance of pledged property. The responsibility for proper storage and maintenance of property is assigned to the parties to the collateral relationship (the pledgor or the pledgee) and is subject to the rule of Art. 210 GK. In addition to these obligations, the commented article establishes the requirement to insure the pledged property for its full value. If the value of the property exceeds the amount of the claim secured by the pledge, then insurance is allowed for an amount not lower than the amount of the claim secured by the pledge. The pledgor, who transferred the pledged property to the pledgee, also received the right to check the actual pledged property using documents. The Civil Code has expanded the responsibilities of secured creditors who hold the property. They are obliged not only to provide all documentation to the debtors, but also to allow them into the premises where the pledged property is located. If the secured creditor carries out extensive collateral transactions, then simultaneously fulfilling these obligations in relation to many debtors may become burdensome for it.
2. Paragraph 3 of the commented article is not consistent with its paragraphs 1, 2. Both of them define the obligations and rights that equally belong to both the pledgor and the pledgee. However, clause 3 provides for the consequences of violation of obligations only for the pledgor: the right to demand early termination of the pledge is given only to him.
This, however, does not mean that in the event of violations committed by the pledgor himself, there are no consequences and the pledgee does not receive any rights. These rights are established by another article of the same paragraph, namely paragraph 2 of Art. 351 Civil Code.
Responsibility under the article “Pornography”
Responsibility
for the production and distribution of pornographic materials or items of a pornographic nature (
Article 343 of the Criminal Code of the Republic of Belarus
), the criminal legislation of the Republic of Belarus established today is as follows:
Part 1 of Article 343 of the Criminal Code of the Republic of Belarus
- provides for punishment in the form of community service, or a fine, or correctional labor for up to two years, or arrest.
Part 2 of Article 343 of the Criminal Code of the Republic of Belarus
- provides for punishment in the form of imprisonment for a term of two to four years.
Article 343-1 of the Criminal Code of the Republic of Belarus
, in contrast to Article 343 of the Criminal Code of the Republic of Belarus, contains a special element - the production and distribution of pornographic materials or objects of a pornographic nature
with the image of a known minor.
The qualifying features of Article 343-1 of the Criminal Code of the Republic of Belarus are similar to the qualifying features of Article 343 of the Criminal Code of the Republic of Belarus, with one significant and significant reservation about the “ depiction of a knowingly minor
" This is so-called child pornography.
Responsibility under the article “Child pornography”
Child pornography
- means any depiction, by any means, of a child performing actual or simulated sexually explicit acts, or any depiction of a child's genitals for primarily sexual purposes.
Part 1 of Article 343-1 of the Criminal Code of the Republic of Belarus
, provides for liability
for the production
or
storage for the purpose of
distribution or advertising or
distribution
,
advertising
,
broadcast
or
public display of
pornographic materials, printed publications, films, videos or scenes of pornographic content, other items of a pornographic nature with
the image of a known minor.
Part 2 Art.
343-1 of the Criminal Code of the Republic of Belarus
provides
increased liability
for the commission of actions specified in part 1 of this article, as well as for
their commission by a person who has previously committed crimes
provided
for in this article or part 2 of article 343 of the Criminal Code, or committed by a group of persons by prior conspiracy
or
using the global computer network Internet
,
another public telecommunication network
or
a dedicated telecommunication network
,
as well as using a knowingly minor
to produce pornographic materials, printed publications, films, videos or scenes of pornographic content, other items of a pornographic nature
with his image
.
Part 3 Art. 343-1 of the Criminal Code of the Republic of Belarus
provides for liability for actions provided for in parts 1 or 2 of this article, committed
by an organized group
, as
well as
with the use of a known minor for the production of pornographic materials, printed publications, films, videos or scenes of pornographic content
, other items of a pornographic nature with his image .
It should be noted
, that it is
the criteria of a person’s age
that are decisive for the criminal offenses of the above articles of the Criminal Code of the Republic of Belarus (Article 343 of the Criminal Code and Article 343-1 of the Criminal Code).
According to Art. 4 of the Criminal Code of the Republic of Belarus under minors
means a person who, on the day the crime was committed, was under the age of fourteen years, and
a minor
is understood to be a person who, on the day the crime was committed, was under the age of eighteen years.
Article 179 of the Code of the Republic of Belarus on Marriage and Family dated July 9, 1999 No. 278-Z defines age limits as follows:
“A person is considered a minor from the moment of birth until he reaches eighteen years of age.
A child until he reaches fourteen years of age is considered a minor.
A minor between fourteen and eighteen years of age is considered an adolescent."
Thus, a crime associated with the production and distribution of pornographic materials or objects of a pornographic nature depicting a minor ( child pornography
), is a more serious crime compared to the crime provided for in Article 343 of the Criminal Code of the Republic of Belarus.
The legislator, today, has provided for the following liability under Article 343-1 of the Criminal Code of the Republic of Belarus for the production and distribution of pornographic materials or items of a pornographic nature depicting a minor ( child pornography
), namely:
· according to Part 1 of Article 343-1 of the Criminal Code of the Republic of Belarus
punishable by correctional labor for up to two years, or arrest, or restriction of freedom for up to four years, or imprisonment for the same term;
· under part 2 of article 343-1 of the Criminal Code of the Republic of Belarus
- punishment in the form of imprisonment for a term of three to eight years with confiscation of property or without confiscation;
· under Part 3 of Article 343-1 of the Criminal Code of the Republic of Belarus
– punishment in the form of imprisonment for a term of five to thirteen years with confiscation of property or without confiscation.
The Criminal Code of the Republic of Belarus determined:
- the crime is recognized as committed by a group of persons by prior conspiracy
if the perpetrators agreed in advance to jointly commit this crime;
- the crime is recognized as committed by an organized group
, if it is committed by two or more persons who have previously united into a controlled stable group for joint criminal activity.
The concept of “ global computer network Internet”
“is quite actively used in national legislation, but there is no legal definition of this term.
In reference literature, the global computer network Internet is mainly understood as a worldwide system of interconnected computer networks for storing and transmitting information.
In most cases, the use of the Internet is defined as a method or means of committing this crime.
The concept of “public telecommunication network” and “dedicated telecommunication network” is given in Art. 34, 35 of the Law of the Republic of Belarus dated July 19, 2005 No. 45-Z “On Telecommunications”.
According to Article 35 of the above Law, the public telecommunication network
is a complex of interacting telecommunication networks designed to provide telecommunication services to all users of telecommunication services, including the distribution of television and radio broadcasting programs.
Public telecommunication networks include a wired broadcast network, a cellular mobile telecommunication network, and a fixed telecommunication network.
The difference between a dedicated telecommunication network
from a public telecommunications network is that it is intended for the provision of paid services to a limited circle of users of telecommunications services or groups of such users and is not connected to the public telecommunications network.
A person who has previously committed crimes
, provided for in Article 343-1 or part 2 of Article 343 of the Criminal Code, a person is recognized as having previously committed these crimes, the criminal record for which has not been cleared and expunged in the manner prescribed by law.
Let's now figure out what is pornography? What authority or what examination determines that the material or image belongs to pornography? What is the subject of crimes provided for in Art. 343 and 343-1 of the Criminal Code of the Republic of Belarus? What is the production, storage, advertising and distribution of pornographic materials? And what applies to pornographic materials and objects of a pornographic nature?
Subject
Crimes provided for in Articles 343 and 343-1 of the Criminal Code of the Republic of Belarus are pornographic materials and items of a pornographic nature.
We note that the content of these concepts is given in the Resolution of the Ministry of Culture of the Republic of Belarus dated May 8, 2007 No. 18 “On approval of the Instructions on the procedure for the production, circulation, display, rental, sale and advertising of erotic products, products containing elements of eroticism, violence and cruelty, products on sex education and sex education...".
Pornographic materials and objects of a pornographic nature
, in accordance with the Instructions, approved. Resolution of the Ministry of Culture of the Republic of Belarus dated May 8, 2007 No. 18 recognizes materials and objects in which sexual intercourse is recorded in a vulgar-naturalistic, disgusting-cynical, obscene manner, there is a self-directed, deliberate demonstration of mostly naked genitals, anti-aesthetic scenes of sexual intercourse , sexual perversions, sketches from life that do not meet moral criteria, insult the honor and dignity of the individual, placing it at the level of manifestations of animal instincts.
Recognition of materials or objects as pornographic
carried out on the basis of the results of relevant
expert opinions
, carried out in the manner established by the Regulations on the Republican Expert Commission for the Prevention of Propaganda of Pornography, Violence and Cruelty (REC), approved by Resolution of the Council of Ministers of the Republic of Belarus dated October 22, 2008 No. 1571.
We consider it necessary to note that the REC includes highly qualified representatives of government bodies, specialists from organizations and institutions: the educational institution “Belarusian University of Culture and Arts”, the Institute of Journalism of the Belarusian State University, the Belarusian Medical Academy of Postgraduate Education, the Directorate of Film and Video Arts of the Ministry of Culture of the Republic of Belarus, the Belarusian State Academy of Arts , National State Television and Radio Company, State Committee for Forensic Examinations of the Republic of Belarus.
The basis for conducting an appropriate examination of products is a resolution (definition) on the appointment of an examination of state bodies (officials) who have the right, in accordance with the law, to appoint an examination.
Objective side
crimes form active actions with various types of the subject of the crime listed in the disposition of Art. 343 and Art. 343-1 of the Criminal Code of the Republic of Belarus.
Manufacturing
is the creation of pornography (original or copy) by any means (printing, drawing, photography, video filming, etc.). Manufacturing also means making changes, altering (modifying) a product in order to give it a pornographic character.
At the same time, this action is completed
must be recognized from the moment the item is received in a form ready for perception.
It is a criminal offense to produce pornography
for the purpose
of distribution or advertising.
Under storage
This means the commission of any intentional actions related to the actual presence of pornographic materials or items of a pornographic nature in the possession of the perpetrator for the purpose of distributing (advertising) them.
The moment of completion of this act
To qualify it, the time from which storage began should be considered.
Spreading
may be expressed in release for circulation, advertising, transfer on any basis (sale, rental, donation or other form of alienation), including by display or display to someone.
And the Investigative Committee of the Republic of Belarus
adheres to this broad interpretation of
the “distribution”
of pornographic materials.
At the same time, the number of persons to whose attention these items were brought to the attention does not matter. It is enough to familiarize yourself with them by at least one person.
This type of action is completed
is considered from the moment the object comes into view of at least one unauthorized person.
Under advertising
one should consider the dissemination of information about the object of advertising in any form aimed at attracting attention to the object of advertising, generating or maintaining interest in it and (or) promoting it on the market.
Advertising includes performing such actions as announcing, communicating the terms of purchase, and displaying materials for public viewing.
Advertising is considered completed
from the moment the advertisement is placed in a form accessible for viewing.
An analysis of judicial practice shows that in most cases, advertising of pornography occurs when advertisements for the sale of products containing pornography are posted on the Internet, in the media, and in information resources.
Broadcast
- this is a specific form of information dissemination, which represents the initial transmission of a signal (information) carried out by a ground-based transmitter through a space satellite of any kind in encrypted or unencrypted form, intended for its reception by the consumer (Article 2 of the Law of the Republic of Belarus dated November 10, 2008 No. 455 -Z “On information, informatization and information protection”).
Advertising is an independent form of committing the crimes in question, and is a special type of distribution.
Finished "broadcast"
of these materials must be recognized from the moment they begin to be displayed.
Public demonstration.
In reference literature, “demonstration” means a public display of something or a public display in a visual way.
Public display
, in accordance with Art. 4 of the Law of the Republic of Belarus on “Copyright and Related Rights”, is the demonstration of the original or a copy of the work directly or display in the form of a photograph, slide, film, television frame on the screen or using another technical device or in any other way (in relation to an audiovisual work – display of individual frames out of sequence) in places where there are or may be present persons who do not belong to the usual circle of the family or close friends of the family of the person carrying out or organizing such a display.
Goals and motives
committed for the qualification of a crime do not matter, with the exception of committing acts in the form of production and storage of pornography, for the qualification of which it is mandatory to commit these acts for distribution or advertising.
The criminal law of the Republic of Belarus divides objects of a pornographic nature into pornographic materials
, printed publications, images, films, videos or scenes of pornographic content, as well as
other items of a pornographic nature
.
This classification is conditional, but its significance lies in specifying the subject of this crime in order to optimally cover the types of products that fall under its characteristics.
Pornographic materials
are any material media. These include films and videos, as well as other audiovisual works.
Pornographic publications
– these are materials reproduced (circulated) in printing, regardless of authorship and circulation size. An item that does not meet the criteria of a printed product, due to its pornographic content, will fall under the concept of “pornographic materials.”
At the same time, whether the crime provided for in Articles 343 of the Criminal Code of the Republic of Belarus or 343-1 of the Criminal Code of the Republic of Belarus was committed with pornographic materials or printed publications, this circumstance will not have any significance either for the qualification of the act or for the liability of the subject of the crime.
Items of a pornographic nature.
These, in particular, include those things that do not correspond to the characteristics of pornographic material or a pornographic printed publication, for example, things of a pornographic nature with the image of a minor (keychains, pens, pendants, etc.).
Thus, if you own a computer or smartphone, do not rush to copy video files, pornographic videos on the Internet and post them on your page on social networks (for example, on your personal VKontakte page), since users of social networks, without knowing it, to your page on social networks and by viewing this video, they contribute to the spread of pornography, since this video is in the public domain and can be seen by all persons and users.
In such a situation, according to the Investigative Committee of the Republic of Belarus, you have committed a crime, namely: public demonstration of pornographic materials using the Internet computer network (Part 2 of Article 343 of the Criminal Code of the Republic of Belarus).
Frequently encountered examples are the qualification of actions as the dissemination of pornographic information in the form of posting a “home video” on the global Internet or transferring it to a third party via a messenger.
Thus, before clicking on the “Tell Friends” button, think about the content of the given image or video that will end up on the user’s page. Many of you naively believe that by hiding your real name and surname, you will become inaccessible to law enforcement officers. However, as in other cases, punishment will inevitably come, and the secret will become apparent.
Remember that the Global Internet is the object of close attention of employees of the Main Directorate for Drug Control and Combating Human Trafficking of the criminal police of the Ministry of Internal Affairs of the Republic of Belarus (GUNIPTL KM of the Ministry of Internal Affairs of the Republic of Belarus), who conduct constant monitoring of networks and identify persons distributing pornography.
In addition, information about the availability of freely available pornographic materials or items of a pornographic nature, their transfer or receipt can come from ordinary citizens and even, strange as it may sound, from your friends and acquaintances (which you may not even be aware of)...
If you had to deal with any of the above, then you can safely contact us ( criminal lawyer in Minsk under Article 343 of the Criminal Code
Republic of Belarus) for
legal assistance ()
.
Contents of Art. 343 TK
This article is short in length. Its only paragraph states that the rights and obligations of the participants in the employment contract are determined in this contract, taking into account the nuances prescribed by the internal regulations of the religious organization.
It is emphasized that these features should not be in conflict with the following sources:
- Constitution of the Russian Federation;
- relevant provisions of the Labor Code;
- federal legislation.
The considered article is of a preventive nature. It is aimed at preventing the negative impact on labor relations between an employee and a religious organization of its internal regulations, which theoretically may contradict current legislation.
