ST 240 of the Criminal Code of the Russian Federation.
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 freedom for a term of up to three years, or by forced labor for a term of up to three years, or imprisonment for the same period.
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 - is 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, are 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. with or without restriction of freedom for a term of up to two years.
Description of the crime
The social danger of being drawn into prostitution or being forced to continue this activity lies in the fact that, for a certain fee, an increasing number of people are drawn into these antisocial actions. The simple offense reflected in Part 1 of Article 240 belongs to the category of crimes characterized by average severity. For committing it, the guilty person may suffer one of the following punishments:
- a fine of 200 thousand rubles, or in the amount of wages/other income of the guilty person for a period of up to 18 months;
- up to 3 years of restriction of freedom;
- up to 3 years of forced labor;
- up to 3 years of imprisonment.
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Art. 240 part 2 of the Criminal Code of the Russian Federation: signs of a qualified personnel
If in the process of drawing a victim into prostitution or forcing a person to continue this activity, violence is used or there is a threat of its implementation, as well as the movement of the victim across the state border of Russia with subsequent detention, or the action is carried out by a group of persons by prior conspiracy, then we are talking about qualified personnel . This crime is assessed as serious and provides for a more severe punishment, expressed in deprivation of liberty for a period of up to 6 years with or without restriction of liberty for a period of up to 2 years.
In the comments to Art. 240 of the Criminal Code of the Russian Federation states that a certain physical impact on the victim, which is carried out against her will, is regarded as violence. It may or may not be dangerous to health and life. In case of causing harm, characterized as a serious crime, it is subject to qualification under a set of articles together with Article 111 of the Criminal Code.
Second commentary to Art. 240 of the Criminal Code of the Russian Federation
1. The immediate object is public morality in the field of sexual relations.
2. Prostitution is understood as systematically engaging in sexual contacts with an indefinite number of people of the opposite or same sex for a fee.
3. The objective side of the crime consists in actions to involve another person in prostitution or in forcing another person to continue prostitution. Involvement in prostitution means inducing a person to engage in prostitution. And by coercion to continue engaging in prostitution should be understood actions aimed at forcing a person who has decided to stop this activity to continue engaging in prostitution. The same concept covers actions that force a person to engage in prostitution “under the tutelage” of the perpetrator, contrary to the desire of this person to engage in this “trade” independently.
3. The method of involvement in prostitution or coercion to continue this activity, with the exception of violence or the threat of its use, can be any: use of a dependent position, persuasion, promises, blackmail, deception, payment of remuneration, seizure of documents, threats of any troubles, etc. .
4. The crime must be recognized as completed from the moment of commission of any of the actions aimed at involving in prostitution or forcing to continue this activity, even if the attempt to involve was unsuccessful.
5. The subjective side of the crime is characterized by direct intent. Most often, this crime is committed for selfish reasons.
6. Responsibility for this crime begins upon reaching the age of 16 years.
7. Qualified types of crime (Part 2) are characterized by the presence of any of three signs.
8. Committing an act with the use of violence means forcing one to engage in prostitution or to continue this activity through violent actions that are not associated with causing harm to health, as well as causing light or moderate harm to the health of the victim. If, as a result of the violence used, grievous harm to health is caused, the act must be additionally qualified under Art. 111 of the Criminal Code.
The threat of violence as a method of committing the crime under analysis includes any threats, up to the threat of murder.
Both violence and threats of its use can be addressed not only to the victim himself, but also to his relatives.
9. Moving a victim across the State Border of the Russian Federation means importing him from abroad or exporting him from the territory of Russia abroad for sexual exploitation. Movement may involve deception, the use of intoxicants or alcohol, etc.
10. Illegal detention abroad may consist of confiscation of personal and travel documents and money from the victim, forced detention in a residential or other premises, etc.
11. The sign of a crime being committed by a group of persons by prior conspiracy should be interpreted in accordance with Part 2 of Art. 35 of the Criminal Code.
12. Particularly qualified types of crime (Part 3 of Article 240 of the Criminal Code of Russia) consist in its commission by an organized group (see Part 3 of Article 35 of the Criminal Code) or in relation to a known minor, which presupposes that the perpetrator is aware of the minor age of the victim.
Description of specially qualified personnel
The signs that qualify the involvement of a person in prostitution or forcing him to continue this activity as a particularly serious crime are reflected in Part 3 of Art. 240 of the Criminal Code of the Russian Federation. These include committing a criminal offense as part of an organized group, as well as against a person who is a minor. The perpetrator faces a penalty of imprisonment for a term of 3-8 years of freedom. Additional sanctions may include:
- deprivation of the right to work in a certain position, as well as restriction on engaging in a certain type of activity for a period of up to 15 years;
- restriction of freedom for a period of up to 2 years.
Description of the object and objective side
A crime qualified under Art. 240 of the Criminal Code of the Russian Federation, has two objects: direct and additional. The first is (social) relations in the sphere of morality, moral norms relating to the sexual life of citizens. An additional object is human health, his freedom and sexual integrity.
The objective side of the criminal act is expressed in drawing a person into prostitution and (or) forcing him to continue this activity.
A crime qualified under Art. 240 of the Criminal Code of the Russian Federation, the composition is formal. It is recognized by the legislator as completed from the moment of performing any (at least one) of the specified actions that characterize the objective side. It does not matter whether the person ultimately became involved in prostitution or not.
Qualifying features
According to Art. 240 of the Criminal Code of the Russian Federation, the corpus delicti includes qualifying features.
Among the signs:
- a group of persons united by a common criminal intent;
- transporting a person (without his consent) across the border of the Russian Federation or illegally detaining him abroad;
- use or threat of violence;
- inducing minors into prostitution.
Group of persons
A group of persons united by prior conspiracy is a group of criminals from two people who agreed in advance to commit a crime.
For example, a group of three people deliberately recruited unemployed women in villages for prostitution. To do this, they visited drinking establishments and met single women.
The criminals promised potential “employees” decent earnings and the opportunity to go to the city. Such a crime is considered to be committed by a group that acts by prior conspiracy.
Export outside the Russian Federation and violence
Transporting a victim across the state border of the Russian Federation without his personal consent means that a person, misled or not aware of his actions, leaves the country to engage in prostitution in other countries.
It also happens that people are taken out against their will. When illegally moving across the state border of the Russian Federation, the actions of attackers are taken into account in the totality of crimes that are specified in Art. 240 and p. 322 of the Criminal Code of the Russian Federation (illegal crossing of the state border of the Russian Federation, which is punishable by up to 6 years).
Example. The women were invited to work in China, where a modeling agency was supposed to sign a contract with them. In fact, after arriving in the country, their passports were taken away and they were placed in a brothel. Women were forced into prostitution and gave their income to brothel owners. The fact was revealed only when one of the clients turned out to be Russian and learned the story of his compatriots.
Prostitutes are often detained outside the Russian Federation after their documents are taken away. They are also subject to psychological pressure, they are threatened, blackmailed, beaten, and kept under conditions of slavery.
Involvement of minors in prostitution
The qualifying feature of a criminal act against a citizen who has not reached the age of majority indicates that a minor citizen (a person who has not reached the age of 18) is intentionally involved in prostitution or is forced to continue to engage in prostitution.
“Intentionally” means that at the moment of the action, which forms the objective side of the crime, the attacker knew about the specific age of the person whom he was inducing into prostitution. The goals of a crime can be different and are not recognized by the court as mandatory elements of a crime.
Attention! Involving minors in prostitution is a particularly serious crime. The social danger of this crime lies in the fact that minor children are involved in providing sexual services for a fee.
The objective side of the crime is the actions of the criminal, which are aimed at obtaining sexual services provided to minors aged 16 to 18 years for a reward or the promise of a reward. It does not matter to whom the remuneration is paid: to the minor providing intimate services or to a third party.
Example. A resident of Saratov, Mr. A.V., met the minor Mr. U.N. on a social network. During the conversation, he learned that the girl lived with her grandmother and was in dire need of money. Mr. A.V. invited her to engage in prostitution, promising to independently find clients and bring the girl to meet them in a country house. For the work, the attacker had to pay her from 3 to 6 thousand rubles. After Mr. A.V. did not pay money to Ms. U.N., she complained about the acquaintance to her grandmother. He was later convicted despite the fact that he did not pay the girl any money, but only promised to pay.
Receiving sexual services from a minor is acts of a sexual nature with a girl or boy aged 16 to 18 years without the use of violence. The condition for such actions is remuneration (money, valuables, food, overnight accommodation), as well as a promise to pay for the services. The victims in this case can only be a teenager aged 16 to 18 years.
The problem of qualifying an organization and engaging in prostitution is that it can be difficult to determine whether a person was persuaded to prostitute or whether he entered the criminal business voluntarily.
Characteristics of the subjective side and subject
The legislator defines the subjective side of a crime in the form of direct intent. In other words, the guilty person is fully aware of the fact that through his illegal actions he is drawing a person into prostitution, or forcing him to continue this activity and desires this. The purpose and motive can be very diverse and are not mandatory signs of a crime.
As a subject under Art. 240 of the Criminal Code of the Russian Federation can be any individual (sane) who at the time of committing the crime has reached the age of sixteen.
Comments on the article
First, you need to understand what meaning the legislator puts into the phrase “prostitution.” According to the comments, this is the systematic (more than 2 times) entry of male or female persons into sexual relations for a certain fee with clients. Prostitution can be characterized by several characteristics. These include the systematicity (regularity) of sexual relations, the absence of their conditionality by marriage, the presence of different clients, and the receipt of remuneration regarded as more or less regular income. In this case, partners can be of any gender, and the form of the relationship and the type of remuneration do not matter when defining the concept of “prostitution”. This activity is not considered a crime, but is recognized as an administrative offense.
In accordance with the comments to Art. 240 of the Criminal Code of the Russian Federation, the involvement of a victim in prostitution is regarded as actions aimed at creating in the person a desire or desire to perform these actions, or obtaining consent. In this case, the methods can be different: promises, persuasion, blackmail, threats, etc.
Arbitrage practice
Quite often in practice, controversial and ambiguous situations arise in the interpretation of the norms that are provided for in Articles 240 and 241 of the Criminal Code. When analyzing judicial practice, it becomes clear that involvement in prostitution and the organization of this activity raise problems associated with the qualification of these criminal acts by the courts of first instance, including in the presence of a group form of complicity, or in the case of a combination of crimes.
There is no explanation from the Supreme Court of the Russian Federation regarding the application of these norms of criminal law in practice in the form of a resolution of the Plenum. In this regard, the analysis of the position of the Supreme Court seems to be the most relevant and complete. The Judicial Collegium existing in criminal cases notes a number of errors made by the first instance in qualifying the actions of criminals. Taking into account this position, the following rules can be formulated for the law enforcement officer.
- If there is a group involvement in prostitution and its organization, then the actions of the accomplices should be classified as one form of complicity. It would be an error to assess the actions of one of the participants, for example, as part of an organized crime group, and the other as participating in a criminal community or by prior conspiracy by a group of persons.
- The actions of the organizer of the crime should be qualified as actual execution, without reference to Article 33 of the Criminal Code, when committed together with other participants as part of an organized group.
- Involvement in prostitution and subsequent coercion to continue this activity in relation to one victim should be assessed as a single crime. However, when assigning punishment, each action must receive an independent assessment and a measure of criminal impact in the sentence.
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).
