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.
