One of the sources for obtaining illegal income from criminal activity is prostitution, and if only administrative liability is provided for persons directly involved in these services, then for the organizers of this business the criminal law provides for more severe punishment.
Our Law Office provides protection to individuals, incl. defense of several accused not only in criminal proceedings as a defense attorney for the accused. If the activities of the brothel affect your rights and legitimate interests, you are neighbors of the brothel, or you are being harassed by visitors or employees of this organization, then we are also able to protect the interests of third parties and victims in the case.
What is organizing prostitution (Article 241 of the Criminal Code of the Russian Federation)?
The commission of this crime means the following actions:
- Search for clients;
- Transporting girls to provide sexual services;
- Receiving money for illegal services provided;
- Search and maintenance of premises for the provision of illegal services;
- Bearing the costs of running a brothel
Organization of a brothel
It should be noted that the criminal legislation of the Russian Federation also prohibits the organization of a place for prostitution, regardless of whether sexual services were provided there or not. In particular, based on criminal legislation, the term organization of a den for prostitution can be distinguished.
In this case, the organizer commits criminal acts that can be divided into the following:
- actions aimed at organizing a brothel (search and selection of premises, etc.);
- actions aimed at carrying out the activities of a brothel (selection of prostitutes, purchase of food, alcoholic beverages).
Do not forget that in the case of organizing a brothel, liability begins not from the moment when this establishment begins to carry out its criminal activities, but from the moment when the brothel is ready to function. If this institution has already begun its work, then in this case the maintenance of the brothel should be examined.
In such circumstances, the owner of a brothel is a person in whose possession or disposal there is a premises or any place in which services of a sexual nature are provided for compensation.
The maintenance of the den includes the following activities:
- reception of prostitutes and clients
- settlements with clients
- brothel security
- maintaining order in it
- provision of food, alcoholic beverages, payment of utilities and other actions
In this case, it does not matter on what grounds the premises of the brothel are occupied legally or on the basis of seizure, while this premises does not have to be a residential premises; to bring liability, any premises suitable for this activity is sufficient, regardless of whether it is an office building, an apartment or even an attic or basement.
Arbitrage practice
Situation 1 . Three residents from Tomsk were put on trial for organizing the prostitution of other people. One of the defendants illegally acquired an organization providing paid sexual services. For six months he exercised general control of the illegal organization. The second defendant acted as a driver: he organized the constant and quick delivery of girls to customers. He also distributed business cards and hired girls and other drivers. The third defendant in the criminal case was a financial director - she received money from the work of prostitutes, paid them salaries, rented housing for the girls, and produced and distributed business cards. The court found all members of the illegal group guilty under Part 1 of Art. 241 of the Criminal Code of the Russian Federation. Taking into account aggravating and mitigating circumstances, the organizer was given the following punishment: 3 years of suspended imprisonment with a probationary period of 4 years. His partners were sentenced to 2 years and 8 months of suspended imprisonment with a probationary period of 4 years.
Situation 2 . In Kemerovo, a sentence was passed against persons who organized prostitution activities. The criminals involved underage girls for this (often these were girls from boarding schools or from dysfunctional families). For 4 whole years, a group of 6 people maintained a den. For refusing to work, girls were threatened with death or sold to another similar group. After 4 years, the group’s activities were stopped by the police. The organizer of the criminal group will now have to think about his actions in prison, where he will serve 3 years under Art. 241 of the Criminal Code of the Russian Federation. The court also sentenced other participants involved in complicity to prison terms of 3 to 5 years (not only for organizing prostitution, but also for human trafficking).
Situation 3 . A resident of the capital, who has an official place of work and has no previous convictions, in order to obtain additional profit, invited her friend to provide intimate services to clients for money under her criminal patronage. At the same time, the convict put moral and psychological pressure on the girl. A woman who organized additional work for herself and involved another person in prostitution was sentenced to 2 years of suspended imprisonment, taking into account mitigating circumstances.
For the systematic provision of premises to people engaged in prostitution, for the organization of this illegal activity, as well as for the maintenance of a brothel, a person is liable under Art. 241 of the Criminal Code.
Depending on the degree of aggravating circumstances (involvement of minors in prostitution, forcing girls/boys to engage in prohibited activities, abuse of official position), the punishment can vary, ranging from a fine of 100 thousand rubles to a real term of 10 years.
How to close a brothel?
However, if you are bothered by a brothel in your neighborhood and you have repeatedly raised the question of how to close the brothel, but appeals to the police did not bring the necessary result, either due to corrupt interests or simple unwillingness to work...
Our Law Office will file a complaint against the unfounded refusal to initiate a criminal case, and will also make every effort to bring the organizers of this brothel to justice. She will help you prepare the necessary statements, appeal the actions or inactions of officials, including in court, and all this to protect your legal rights.
Composition and features of the crime
Organization of work is a socially dangerous act. It can be expressed in:
- Selection of premises for the provision of intimate services.
- Finding working women and clients for them.
- Maintenance of the brothel, with the purchase of things necessary for its operation, its security and payment of wages.
The consequences of such actions are dangerous for society in that such persons spread sexually transmitted diseases, and criminal influence on this type of activity leads to violent crimes - priestesses of love are often beaten, maimed and killed by clients or pimps.
Criminal lawyer in Yekaterinburg
Our Law Office “Katsailidi and Partners” provides protection to all categories of citizens, regardless of legal status in a criminal case, be it a suspect, accused or victim.
This article reflects how to conduct a defense or, on the contrary, bring to criminal liability, however, it is better to entrust this activity to the experienced specialists of our Law Office in order to achieve the most effective result for the Principal, regardless of who this Principal is in terms of the status of the person in the case (suspects, accused, witness or victim).
Ask your question to a lawyer and we will begin to solve the problem: professionally, on favorable terms and on time. Call today!
Features of the crime
The corpus delicti in the case of organizing prostitution includes the following characteristics:
- The subject of the crime is at least 16 years old.
- The objective side is actions to involve people in prostitution or continue to provide such services.
- The formal structure of the crime, that is, as soon as actions of persuasion or coercion into prostitution are committed, the crime is considered completed. It does not matter whether the victim subsequently engaged in prostitution.
- The subjective side is the presence of direct intent. The criminal realizes that he is breaking the law.
There are different types of liability for such a crime, but in all cases the punishment will be quite severe.
Crime involving minors
Features of qualification and punishment
The most aggravating feature of the article under consideration (part three) is the use of minor citizens (who are under fourteen years old) in the process of carnal pleasures.
Part three provides for fairly strict liability, since minors are involved in the commission of a crime. The term of imprisonment is up to ten years, including deprivation of rights to hold a position and carry out specific activities for up to fifteen years, as well as restriction of freedom for up to two years.
Important: A crime committed with the use of sexual labor of minors, in accordance with part four of Art. 15 of the Criminal Code of the Russian Federation is classified as serious. In determining this severe sanction, the legislator was guided by considerations aimed primarily at protecting the rights of children from sexual harassment.
Definition of prostitution, organization of its practice and maintenance of depraved dens
Organization of prostitution
Prostitution is a phenomenon that allows a person engaged in it to improve their financial situation by entering into intimate relationships with various subjects.
The organization of prostitution is a certain form, the component of which is the hired labor of priestesses of love and personnel serving the entire “production” process. The organizer provides leadership for this activity, finds places for the provision of intimate services and provides security for lustful women. The latter have some stability in clientele and funds, and are also under the protection of their boss, bringing him considerable profits.
The organization of such businesses as prostitution and the maintenance of brothels for the provision of intimate services are subject to criminal law, namely Article 241 of the Criminal Code of the Russian Federation.
Important: The actions of a citizen who does not personally run a brothel, but periodically provides premises belonging to him for the provision of explicit erotic services, fall within the norms of the article in question. Download for viewing and printing:
Article 241 of the Criminal Code of the Russian Federation dated June 13, 1996 N 63-FZ (as amended on February 19, 2018)
Features of the crime, qualification of the crime
The peculiarity of the crime under consideration is its organized form.
In addition to providing prostitutes with premises for the provision of services and security, this form requires periodic examination of them by doctors to exclude the possible presence of sexually transmitted diseases. In this way, the organizers care not only about their own well-being, but also about the health of their clients, thereby creating for themselves a certain positive image and authority of a reliable company. Structurally, the article includes part one, establishing responsibility for the organization, maintenance of brothels and provision of places for them, as well as the qualifying characteristics specified in parts two and three and establishing responsibility for the commission of an act:
- A citizen using his existing official position.
- A person who uses physical violence or exerts psychological pressure on a potential prostitute under the threat of causing her bodily harm.
- Involving minors under eighteen years of age in prostitution.
- All of the above crimes, but where the priestess of love is a person under the age of fourteen.
Intended punishment
The legislator provides for various types of liability for this crime. The qualifying features of the act establish a more severe punishment.
Thus, part one establishes punishment from a fine in the range of 100 - 500 thousand rubles or salary, as well as other income of the villain for a period of up to three years. In addition, forced labor and imprisonment for up to five years are provided. Part two of the article provides for the same sanctions (except for fines and forced labor), but the term of imprisonment is up to six years, including deprivation of the right to hold a position and carry out specific activities for up to ten years, as well as restriction of freedom for up to two years.
Crime Investigation Methods
To initiate a criminal case of the category under consideration and conduct a preliminary investigation into it, an appropriate reason and basis are required, as well as the following signs:
- A written appeal to law enforcement agencies from a person who was forced to provide sexual services.
- The required amount of various evidence confirming the organization of prostitution and its systemic nature.
During the investigation of the case, all persons involved in this business are interrogated, material evidence is collected, and other measures are taken. The testimony of the prostitute herself, which forms the basis of the accusation, is of significant importance.
Subsequently, the investigated criminal case is sent by the prosecutor to the court for consideration on the merits.
