Today we will be interested in Article 232 of the Criminal Code of the Russian Federation. It regulates the penalties imposed for organizing brothels, or for providing (systematic) premises for their existence. In general, this is a rather terrible criminal offense. And violators will definitely be punished. Especially the main organizer of this “community”. Let's try to understand what kind of crime is taking place (its composition), as well as what measures will be applied to criminals who commit this act.
Standards
In principle, it is not difficult to guess what measures will be discussed. The thing is that Article 232 of the Criminal Code of the Russian Federation (its first part) indicates that there is criminal liability for the maintenance and organization of brothels. Many people associate it with imprisonment. And it is right. This is precisely the measure that will take place in this case.
Imprisonment for organizing or maintaining brothels and providing places to support them can last up to 4 years. Plus, there is a special additional measure. Criminals will be given a mandatory so-called suspended sentence after their release from prison. It is set by the court on an individual basis, but cannot exceed 12 months. By the way, the obligation is not stipulated in Article 232 of the Criminal Code of the Russian Federation. This is an unspoken rule that applies in practice. In reality, according to the law, there may not be a restriction of freedom.
What is a den
A den is a place where criminals gather to carry out their illegal activities (selling drugs, engaging in prostitution, etc.). Typically, such places become the apartments of one of the offenders, abandoned houses or factories. That is, it can be both residential and non-residential premises.
They are often used to hide offenders or gather members of criminal gangs.
Interesting information . In the criminal environment, names of dens such as “den” or “haza” are used. The first is already outdated, but is still sometimes used in prison jargon; the second is often found in criminal circles even now.
Types of dens
- Blatnaya raspberry is a den of thieves.
- A brothel (brothel) is a den for prostitution (also known as a den of debauchery
). - Gambling den - a den for participation in gambling (Katran).
- A drug den is a den for the use of narcotic drugs or psychoactive substances, a haven for drug addicts and drug addicts.
- Alkopriton - a hangout for drinking alcoholic beverages, a haven for alcohol addicts.
- Blakhata is a hangout in an apartment/house, predominantly of a wealthy owner with criminal connections.
What is a drug den?
A drug den is considered a residential (room, private house, cottage, apartment, etc.) or non-residential (garage, attic, shed, basement, etc.) premises provided by a specific person or group of persons for the use of psychoactive substances and drugs. As a rule, such drug dens open in:
- apartments of drug addicts;
- various abandoned buildings;
- unfinished premises.
Organizing or maintaining a den for the consumption of narcotic drugs or psychotropic substances
First you need to decide what is called a den. A den should be understood as a premises used for the use of narcotic and other illegal drugs on a systematic basis. In this case, the purpose of this room is not important - whether it is an apartment, an office space or even a basement or attic.
Next, you should pay attention to the objective side of this crime. The Criminal Law of the Russian Federation establishes criminal liability for the following types of activities:
- Organizing a hangout . In this case, one should understand the search, acquisition or rental of premises, including through occupation. Acquiring the necessary equipment, carrying out repairs, for the subsequent use of narcotic or other prohibited substances by several persons.
- Contents of the den . In this case, the person takes actions for the systematic use of the premises, makes the necessary expenses, pays for utilities, pays rent if necessary, ensures the security of the premises by organizing security and other actions.
Collusion
In Russia, an unlawful act committed by prior conspiracy or simply by several citizens is considered an even more serious crime. And such a case in brothels is not uncommon. So, in Art. 232 of the Criminal Code of the Russian Federation, it will definitely be possible to find the punishment imposed in such a situation.
What will happen to the criminals? Firstly, the punishment will be assigned to each person. That is, all established deadlines and measures will apply to each participant in the case. No general terms of stay in prison (some believe that you can simply divide these measures “equally” for each person involved in the crime, this is not so).
Imprisonment for conspiracy or action in a group regarding the organization of brothels of a varied nature, as well as the provision of premises for them, will last from 2 to 6 years. As already mentioned, for every criminal. They also have the right to impose restrictions on their freedom. A suspended sentence, again, is imposed on each defendant in a criminal case. And it lasts up to 24 months. The exact deadlines are determined by the court after careful consideration of all the nuances.
Organization
Art. 232 of the Criminal Code of the Russian Federation in the new edition (and not only) implies another rather interesting point. Working in conspiracy or as a group is, of course, a terrible act. But a crime committed by an organized group is considered even more serious. Do not confuse this with collusion or arrangement.
Actually, such a violation is punished by the most serious method. If an organized group provided premises for the use of psychotropic or narcotic substances, and also organized and maintained brothels, its members are sentenced to imprisonment. It is not difficult to guess that this particular measure is the main one. So, you won't be able to escape jail time. In such a scenario, the period of stay in prison varies between 3 and 7 years.
Restriction of freedom also takes place. In this case, a suspended sentence may or may not be assigned. In practice, of course, it will be used very often, almost constantly. Restriction of freedom for brothels or the provision of premises for them will be no more than 2 years. These are the rules established by law.
Taxonomy
And now a little about the features of Article 232 of the Criminal Code of the Russian Federation. The point is that not only the direct organization or maintenance of brothels is punishable under this law. It has already been noted that providing premises for them is also punishable. Only systematic actions are taken into account. A one-time act is unlikely to be punished in practice - it is too difficult to prove.
What is meant by systematic provision? When premises are “given out” to criminals as hangouts more than twice. Many believe that twice already counts. In practice, this is exactly how things work. It is enough to provide premises for a brothel or “drug party” twice to become a direct participant in a crime that will be punishable under Art. 232 of the Criminal Code of the Russian Federation.
Comments
Particular attention should be paid to comments that help to fully understand the offense committed. After all, for example, the corpus delicti does not always take place. If it is not there, then no one will judge you on this or that article. In any case, these are the rules that apply in Russia.
In Article 232 of the Criminal Code of the Russian Federation, comments indicate that the maintenance of a brothel and the organization of events related to the use of psychotropic and narcotic drugs is of a directed nature. That is, the participants are aware of what they are doing. And it is not so important for what reasons - entertainment or for selfish purposes. The fact remains a fact.
Organization here means searching and hiring a premises where you can directly take narcotic drugs. The purchase of these is included here. But by content - deliberate actions that imply the organization of the immediate process.
Practice
Currently, a very large number of people are being held accountable for this crime. This is primarily due to the fact that drug traffickers create dens in order to increase profits from the sale of illegal drugs. After all, almost all people who use psychotropic substances gather only in those places where they can be easily obtained and used.
Most often, criminals who create dens take drugs themselves. Therefore, the latter are not against the fact that similarly addicted people use prohibited substances in their homes. In addition, most drug addicts share doses of psychotropic substances with each other and help with injections.
Basically, the activities of brothels where dependent citizens gather continue until one of the vigilant citizens reports this to the internal affairs authorities.
As a rule, if a person is convicted under Article 232 of the Code of Atrocities, he faces a considerable prison term. After all, according to the law, only isolation from society is provided here.
Compound
It is important to understand what Art. 232 of the Criminal Code of the Russian Federation corpus delicti. After all, not everyone will be punished for their actions. An important point here is the age of the participants in the event. Criminal liability for such a violation, according to the legislation of the Russian Federation, begins at the age of 16. In this case, the person must initially be sane.
The subjective side is characterized by direct intent. That is, criminals are fully aware that they are maintaining or organizing a brothel, or repeatedly providing premises for it. The act may have a specific purpose, but it does not affect the corpus delicti. In other words, motive is not a sign of an unlawful act.
Another commentary on Article 236 of the Criminal Code of the Russian Federation
1. The object of the crime is the health of the population, its sanitary and epidemiological well-being, which, in accordance with Federal Law of March 30, 1999 N 52-FZ “On the sanitary and epidemiological well-being of the population” (as amended on June 25, 2012) means such a state of health population and its habitat, in which there is no harmful impact of environmental factors on humans and favorable conditions for their life are provided.
2. From the objective side, the crime is characterized by a violation of sanitary and epidemiological rules and the onset of consequences causally associated with this violation in the form of mass illness or poisoning of people (Part 1 of Article 236 of the Criminal Code) or the death of a person (Part 2 of Article 236 of the Criminal Code).
Sanitary and epidemiological rules, violation of which under certain criminal conditions may lead to criminal liability, are determined by the legislation of the Russian Federation and departmental regulations approved by the Government of the Russian Federation. These are, in particular: Regulations on state sanitary and epidemiological regulation (approved by the Decree of the Government of the Russian Federation of July 24, 2000) (as amended on September 15, 2005); Decree of the Government of the Russian Federation of September 15, 2005 N 569 “On the Regulations on the implementation of state sanitary and epidemiological surveillance in the Russian Federation” (as amended on April 21, 2010).
These documents define such fundamental signs that are mandatory for qualifying an act as mass disease of people and their mass poisoning.
Mass illness of people means diseases of a viral, intestinal, bacterial or other nature, the prevalence of which clearly exceeds the average incidence of a given disease for a certain period in a given territory. Mass poisoning of people refers to acute, chronic, industrial, medicinal, chemical and other diseases, the occurrence of which is caused by the action of toxic substances of various origins on the human body through their absorption through the respiratory tract, as a result of contact with the skin, absorption with food and liquids, etc. d.
The sign of mass disease or poisoning of people covers harm to health of any severity.
3. The subject of this crime may be a sane person who has reached the age of 16, whose duty is to ensure compliance with sanitary and epidemiological rules. These are mainly employees of public catering establishments and medical institutions, employees of authorities monitoring the state of the sanitary and epidemiological situation at specific facilities and in the regions.
4
From the subjective side, a crime is characterized by a careless form of guilt. A person who has violated the rules specified in Art.
236 of the Criminal Code, did not foresee the onset of socially dangerous consequences, but should and could have foreseen them, or foresaw their onset, but without sufficient grounds for this, arrogantly counted on their prevention.
