When looking for a criminal lawyer, it is absolutely logical to seek to find a specialist with experience in defending under a specific article of the Criminal Code, or a set of articles.
This is the right decision, and you have already taken the first step. You are on the website of the College of Criminal Lawyers, whose competence extends to Art. 241 of the Criminal Code of the Russian Federation Organization of prostitution. We believe that you or your relative are facing criminal prosecution under Art. 241 of the Criminal Code of the Russian Federation or a case has already been initiated and a lawyer has been appointed in accordance with Art. 51 of the Criminal Procedure Code of the Russian Federation does not suit you with something and you are looking for an alternative. In this case, the right decision would be to dial the phone number indicated on the website and talk to a lawyer under Art. 241 of the Criminal Code of the Russian Federation Organization of prostitution. CRIMINAL LAWYER call now: ☎ 8 (495) 532-75-40
Organizing prostitution as a crime under Art. 241 of the Criminal Code of the Russian Federation
Article 241. Organization of prostitution
1. Acts aimed at organizing prostitution by other persons, as well as maintaining dens for prostitution or systematically providing premises for prostitution -
shall be punishable by a fine in the amount of one hundred thousand to five hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of one to three years, or by forced labor for a term of up to five years, or by imprisonment for the same term.
2. The same acts committed:
a) by a person using his official position;
b) with the use of violence or the threat of its use;
c) using minors for prostitution, -
shall be punishable by imprisonment for a term of up to six years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to ten years or without it and with restriction of freedom for a term of up to two years or without it.
3. Acts provided for in parts one or two of this article, committed with the use of persons under fourteen years of age for prostitution -
shall be punishable by imprisonment for a term of three to ten 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 and with restriction of freedom for a term of one to two years or without it.
The specified composition of the Criminal Code of the Russian Federation threatens with a rather severe punishment, but thanks to the correct actions of the defense lawyer in criminal cases, the sentence can be mitigated and the punishment will be less severe. In rare cases, there are prospects for reclassification of the crime to a more lenient crime or even decriminalization and termination of criminal prosecution. But such opportunities, if they exist, are best discovered and used at the earliest stage of verification in accordance with Art. Art. 144-145 Code of Criminal Procedure of the Russian Federation. Once a criminal case has been initiated and progressed, it is a very rare case that the prosecution will end. But the defender will use any opportunities that are not prohibited by law. The ultimate goal of defense in criminal cases is always to improve the situation of one’s client, mitigate responsibility up to and including release from punishment and acquittal. Although the latter is not always possible, the desire for such an outcome should always be present.
Commentary to Art. 241 Criminal Code
1. The composition is formulated as a composition with alternative actions: a) organizing prostitution (i.e., committing any actions promoting prostitution); b) maintenance of a brothel (i.e. provision of residential or non-residential premises (search, rental) to persons for systematic prostitution for a certain fee, maintenance of this premises in a suitable condition (payment of rent, utilities, repairs, etc.)); c) systematic provision of premises for prostitution (i.e. provision of an apartment, dacha, room for prostitution; making a profit is not necessary).
2. A sign of systematicity is mandatory, i.e. performing actions 3 or more times.
Lawyer under Art. 241 of the Criminal Code of the Russian Federation Organization of prostitution
Lawyer under Art. 241 of the Criminal Code of the Russian Federation Organization of prostitution is necessary for those who are subject to criminal prosecution under this article. Protection under Art. 241 of the Criminal Code of the Russian Federation is based on deep practical experience of defense in criminal cases. The lawyer, not only at the level of theoretical knowledge of the criminal process, but also based on many years of practice, will explain to the client all the nuances and guide him along the right path. A call to a lawyer can change the situation in a positive direction. Therefore, timely request for legal assistance contributes to the possibility of using a wider range of defense methods in criminal proceedings than when entering the case at a later stage. Call a lawyer immediately as soon as you are faced with the question of seeking protection from criminal prosecution. You can do it right now! The telephone number of a criminal lawyer is listed on the website.
Judicial practice under Article 6.11 of the Code of Administrative Offenses
Ruling of the Supreme Court of the Russian Federation dated March 14, 2017 N 305-AD16-19668 in case N A40-104265/16
As follows from the case materials and established by the courts, the applicant was brought to administrative responsibility under Part 1 of Article 6.11 of the Code of Administrative Offenses of Moscow, which provides for sanctions for the use a land plot owned by the city of Moscow, or a land plot for which state ownership is not demarcated, in violation of the requirements established by regulatory legal acts of the city of Moscow for the preparation of documents that are the basis for the use of such land plots, except for the cases provided for in Article 6.13 of the Code of Administrative Offenses of the city Moscow.
Ruling of the Supreme Court of the Russian Federation dated May 28, 2020 N 305-ES20-6713 in case N A40-122633/2019
It is taken into account that by the decision of the Nagatinsky District Court of Moscow dated June 18, 2018, the resolution of the administrative body dated April 17, 2019 on bringing the company to administrative liability under Part 1 of Article 6.11 of the Code of the Russian Federation on Administrative Offenses was left unchanged. In the cassation appeal, JSCB "Slavia" repeats the position taken in support of the application, which was studied by the lower courts and received an assessment. The motives that guided the courts are set out in judicial acts.
No complications
Article 241, Part 1 of the Criminal Code of the Russian Federation indicates the punishments imposed on those who maintain dens for girls of easy virtue, and also organize prostitution. This also includes persons who systematically provide premises to the organizers. The first measure provided for by law is the payment of a fine. It can be of different sizes. The exact amount will be determined by the court, but it cannot indicate less than 100 and more than 500 thousand rubles. The alternative is to seek a maximum of 36 months of the defendant's income. Another measure is forced labor. It lasts for a maximum of 5 years for the organizer of the classes. The most serious penalty for the violation in question is imprisonment. The maximum it can be is 60 months.
1949 Convention
It was agreed upon in New York. Its goal is to suppress the following crimes of international significance:
- Human trafficking.
- Forcing another person into prostitution, even with her consent.
- Maintenance of stash houses or any control over them.
- Intentional rental of premises for prostitution by third parties.
- Attempt to carry out the designated points. Preparation for their implementation and intentional participation in them.
The Soviet Union joined this convention in 1954.
In accordance with its final provision in the Criminal Code of the Russian Federation, prostitution is punishable by the following articles (depending on the severity of the crime):
- No. 240 – for involvement.
- No. 241 - for organizing brothels or supporting them.
- No. 151 – for the involvement of persons under 18 years of age.
Not a single article for prostitution in the Russian criminal legal sphere affects the following acts reflected in the Convention:
- solicitation for prostitution of other persons, subject to their consent,
- pimping and seduction for the same purposes under the same conditions.
Weights
Article 241 of the Criminal Code of the Russian Federation is not limited to this. Sometimes there are some aggravating circumstances. They will have to pay more seriously than with a simple organization of prostitution. Aggravating factors include:
- use of official position;
- attraction of minors;
- threats or infliction of violence.
If the organization of prostitution was associated with the above nuances, a more serious punishment is imposed. Which one exactly? Article 241 of the Criminal Code of the Russian Federation provides for more than one preventive measure.
The organizer is subject to imprisonment for 6 years. Additionally, work restrictions may sometimes be imposed in certain areas of activity. The court is also able to make a decision according to which the violator will lose the right to occupy specific positions (usually management positions). Such bans can last 10 years. In addition to imprisonment (Article 241 of the Criminal Code of the Russian Federation), a suspended sentence of 24 months is imposed. It may not be imposed - this is not a mandatory item. But in practice, deprivation of liberty followed by its restriction occurs quite often. Especially if minors were involved in prostitution. Then the judicial authorities try to impose the most serious punishment.
Up to 14 years old
The organization of prostitution sometimes occurs with the participation of citizens who have not reached the age of 14. If the organizer attracted such a minor to light behavior for money, he will be punished at the highest level. After all, crimes involving children are usually considered the most serious.
The proposed measures differ little from those previously given. As in all previous cases, for organizing prostitution with minors under 14 years of age, the offender is subject to imprisonment. Imprisonment is imposed for a period of 3 to 10 years. Plus, sometimes the court can impose a taboo on the activities of a citizen-criminal. This restriction will increase by 5 years compared to the previous case. And now it will be impossible to hold certain positions and work in specific areas for up to 180 months.
A suspended sentence in Article 241 of the Criminal Code of the Russian Federation (Part 3) also applies. It is no different in duration from the period required for attracting minors to prostitution after the age of 14. This means that if the restriction of freedom after imprisonment is imposed by a court decision, it cannot exceed two years. These are the rules in force in Russia in 2016.
Corpus delicti
Public danger of the crime provided for in Art. 240 of the Criminal Code of the Russian Federation, consists of inducing persons to engage in criminal business.
To achieve their criminal goals, proton organizers use various methods:
- confiscation of documents from victims;
- slavery;
- retention of victims in brothels and outside the Russian Federation;
- battery, etc.
The legislation of the Russian Federation considers the organization of prostitution a more dangerous crime than prostitution itself. The reason for this is the fact that the prostitute does not attract anyone to her profession, so her crime is not aggravated by this episode.
Involvement in prostitution refers to actions against a person or group of people that are committed with the aim of attracting them to provide intimate services for money or material assets, including food and overnight stay. Thus, by involving people in prostitution, the criminal facilitates the sale of sexual services.
As constructive features of an offense, the law specifies the methods of its commission. Art. 240 of the Criminal Code of the Russian Federation defines all these signs.
The main object of such an offense, as mentioned above, is public morality in the sexual world. The crime also includes other objects: freedom and inviolability of the sexual sphere of citizens, their health. The objective side involves the active involvement of new people in prostitution and the retention of old ones in the prohibited business.
The subject in this case is a recognized sane individual who has reached 16 years of age.
For example , 17-year-old Mr. V.U. from Voronezh was convicted under Art. 240 for engaging a 15-year-old girl in prostitution. The fact is that, according to the article we are considering, a sane citizen who is already 16 years old is considered a criminal.
The subjective side implies direct intent. The nature of the purpose and motive of the crime are not taken into account when investigating this crime.
