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.
Commentary to Art. 240 Criminal Code
1. Prostitution is the repeated provision of sexual services for money or other reward. The size and nature of the remuneration do not matter and are agreed upon in advance. A person of any gender can engage in prostitution.
2. The objective side consists of: a) involvement in prostitution - actions aimed at arousing a person’s desire to engage in prostitution; At the same time, the methods of involvement may be different, but should not be associated with violence (according to Part 1 of the commented article); b) coercion to continue engaging in prostitution - forcing a person through mental pressure to continue engaging in prostitution (threats, blackmail, etc.).
Judicial practice: sentences and punishment under Art. 241 of the Criminal Code of the Russian Federation
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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.
Conviction against Galina I.Kh. under part 3 of article 240, part 1 of article 241 of the Criminal Code of the Russian Federation
Case No. 1-462/2010
SENTENCE
named after the Russian Federation
Neftekamsk August 11, 2010
Neftekamsk City Court of the Republic of Bashkortostan composed of:
presiding judge Akulov A.V.,
with the participation of state prosecutor G.N. Suleymanova,
defender Yandubaeva A.Yu.,
defendant Galina I.Kh.,
under secretary Mufteeva N.V.,
having examined in open court a criminal case on charges
Galina I.Kh., ..., citizen of the Russian Federation, ..., having a young child, working ..., no previous convictions,
in the commission of crimes provided for in Part 3 of Article 240, paragraph “c” of Part 2 of Article 241 of the Criminal Code of the Russian Federation,
INSTALLED:
Galina I.Kh. committed acts aimed at organizing prostitution for other persons and involved a knowingly minor in prostitution. The crimes were committed in the city of Neftekamsk in the Republic of Bashkortostan under the following circumstances.
In the period from July 31, 2009 to February 12, 2010, Galina, encroaching on public morality, deliberately, for selfish reasons, organized a group of girls to engage in prostitution. At the same time, Galina, carrying out criminal activities, committed actions aimed at involving a minor in prostitution.
Thus, on February 8, 2010, in the period from 18:45 to 18:56, during the operational-search activity “Operational Experiment” (hereinafter referred to as ORM “Operational Experiment”), Galina involved a minor in prostitution, Full Name 1, Date anonymized G.O.B. ., knowingly knowing about her minor age, promising the latter a monetary reward for the provision of sexual services in the amount of 500 rubles from each client for one hour. At the same time, Galina explained to FULL NAME1 the rules of work for providing intimate services to men for monetary remuneration, prices for services provided, safety precautions, the need to maintain discipline during work and gave her the pseudonym “Zhanna”.
On February 12, 2010, in the evening, Galina, having received an order from a taxi service driver from Full Name 2, who acted as a client during the Operational Experiment, sent a taxi to the place of residence of Full Name 1, which was delivered to Full Name 2 for the provision of sexual services. After the expiration of the time allotted for executing the order, according to the scheme developed by Galina, the taxi driver picked up Full Name1 from the client and delivered it to the agreed address: ... Full Name1 handed over to Galina the pre-agreed part of the sum of money in the amount of 500 rubles. After which Galina was detained by police officers.
Thus, Galina I.Kh. committed the involvement of a minor in prostitution - a crime provided for in Part 3 of Article 240 of the Criminal Code of the Russian Federation.
In addition, during the above-mentioned period from July 31, 2009 to February 12, 2010, Galina, encroaching on public morality, deliberately, for selfish reasons, by submitting an advertisement in the newspaper “Vestochka” about hiring girls and distributing previously prepared advertisements among taxi drivers business cards, officially unregistered, organized a group of girls for prostitution, promising a monetary reward for providing sexual services in the amount of 500 rubles from each client for one hour. Galina was involved in this group, which was engaged in prostitution under her leadership, Full Name5, Full Name6, Full Name3 and Full Name4
Galina I.Kh., while organizing prostitution, systematically placed advertisements in the city newspaper “Vestochka”, offering work for girls indicating her cell phone number. The number is impersonal, committed actions aimed at involving other persons in prostitution, and also distributed to girls for subsequent distribution among taxi drivers, “Charm” business cards indicating the same cell phone number. Also Galina I.Kh. received from the girls a sum of money in the amount of 500 rubles for each client, organized the delivery of girls to clients and back, using the services of taxi services, whose drivers were given a pre-agreed amount of money in the amount of 500 rubles for transporting the girls.
In particular, FULL NAME3 from December 2009 to January 2010 was engaged in prostitution under the leadership of Galina, servicing four clients. FULL NAME4 From January to February 12, 2010, engaged in prostitution under the leadership of Galina, she served eight clients. Full name 5 served 3 clients from February 8 to February 12, 2010, and full name 6 served 2 clients during the same period.
So, on February 12, 2010, in the evening, Galina, having received an order from a taxi service driver from Full Name 2, who acted as a client during the operational experiment “Operational Experiment,” sent a taxi to the place of residence of a woman previously involved in prostitution, Full Name 1, which was delivered to Full Name 2 for rendering services. sexual services. After the expiration of the time allotted for executing the order, according to the scheme developed by Galina, the taxi driver took Full Name1 from the client and delivered it to the agreed address: .... At the entrance, the number is impersonal, FULL NAME1 handed over to Galina the pre-agreed part of the sum of money in the amount of 500 rubles. After which Galina was detained by police officers.
Thus, Galina I.Kh. committed acts aimed at organizing prostitution for other persons - a crime provided for in Part 1 of Article 241 of the Criminal Code of the Russian Federation.
Defendant Galina I.Kh. She fully admitted her guilt and petitioned for a verdict to be imposed in a special trial procedure.
Defendant Galina is aware of the nature and consequences of her petition; the petition was submitted voluntarily and after consultations with a defense lawyer.
The defense attorney supported Galina’s petition. The state prosecutor in the case agreed with the sentencing in a special trial procedure.
After hearing the parties, the court comes to the conclusion that it is possible to pronounce a sentence in a special trial procedure. Galina’s accusation of committing the incriminated crimes, with which the defendant agreed, is justified and supported by evidence collected in the criminal case.
The qualifying feature “using obviously minors for prostitution”, incriminated against the defendant in the second episode, State Prosecutor Suleymanova, participating in the case, guided by paragraph 1 of Part 8 of Article 246 of the Code of Criminal Procedure of the Russian Federation, excluded from the charges brought by Galina, as excessively imputed, for lack of corpus delicti.
The court considers the prosecutor’s position to be justified, since actions to involve a minor, FULL NAME1, in prostitution are fully covered by paragraph “c” of Part 2 of Article 241 of the Criminal Code of the Russian Federation are not required.
Moreover, from the materials of the criminal case it is clear that FULL NAME1 acted as a person engaged in prostitution during the operational event “Operational Experiment” carried out by police officers, while in fact she did not perform any actions to provide paid services of a sexual nature.
In this connection, what Galina did should be qualified:
- for the first episode - under Part 3 of Article 240 of the Criminal Code of the Russian Federation, as involvement in prostitution committed against a known minor;
- for the second episode - under Part 1 of Article 241 of the Criminal Code of the Russian Federation, as committing acts aimed at organizing prostitution by other persons.
When determining the type and amount of punishment for the defendant, the court takes into account the nature and degree of public danger of the crimes.
No aggravating circumstances have been established in the case.
Mitigating circumstances are the defendant’s full admission of guilt, the presence of a young child, and surrender.
In addition, when imposing a sentence, the court takes into account the impact of the imposed punishment on the living conditions of the defendant’s family, information about her personality: Galina has no previous convictions, is characterized positively at her place of residence and previous place of work, is not registered with the PNDO or NDO, and is employed.
Taking into account the above, the court considers it possible to apply a suspended sentence to Galina.
Based on the above and guided by Articles 303, 304, 307-309, 316 of the Code of Criminal Procedure of the Russian Federation,
SENTENCED:
Galina I.Kh. found guilty of committing crimes under Part 3 of Article 240 and Part 1 of Article 241 of the Criminal Code of the Russian Federation, sentencing her to imprisonment for the following term:
- under Part 3 of Article 240 of the Criminal Code of the Russian Federation 3 (three) years;
- according to Part 1 of Article 241 of the Criminal Code of the Russian Federation 1 (one) year.
According to Part 3 of Article 69 of the Criminal Code of the Russian Federation for the totality of crimes by partial addition, the final punishment for Galina I.Kh. impose imprisonment for a period of 3 (three) years 6 (six) months.
By virtue of Article 73 of the Criminal Code of the Russian Federation, this punishment was given to Galina I.Kh. considered conditional, establishing a probationary period of 2 (two) years.
Oblige the convicted Galina I.Kh. register and appear monthly for registration at the Department of the Federal Penitentiary Service of the Russian Federation at the place of residence, without a written warning from the penitentiary inspection not to change the place of residence and work.
Preventive measure by Galina I.Kh. – the undertaking not to leave the place and proper behavior – not to change until the sentence comes into force.
Physical evidence: “Charm” business cards, a notebook sheet of checkered paper with cell phone numbers, an ad coupon from the “Vestochka” newspaper, a CD-R CD, two video cassettes with audio-video recordings of the ORM “Observation” dated 08, 02 and 12 February 2010 - keep in a criminal case; gauze swab, sections from nails, samples of swabs from fingers and palms of hands by Galina I.Kh. – destroy.
The verdict can be appealed to the Supreme Court of the Republic of Belarus within 10 days from the date of its proclamation. At the same time, the parties cannot appeal the verdict on the grounds provided for in paragraph 1 of Article 379 of the Code of Criminal Procedure of the Russian Federation. If a cassation appeal is filed, the convicted person has the right to petition for her participation in the consideration of the criminal case by the court of cassation.
Judge: A.V. Akulov
The verdict came into force on August 24, 2010.
