One of the most common forms of deviant behavior is prostitution, which is a significant criminogenic factor that gives rise to contributing crimes inherent in this type of criminal business. Prostitution contributing to the crime is the organization and involvement in prostitution. In addition, there are a number of related crimes, which include: robbery, theft, storage and sale of psychotropic substances and narcotic drugs.
Today, there are a lot of legal, criminological and social prerequisites indicating the need to optimize and reform the system of means aimed at combating the organization of prostitution.
The organization of prostitution negatively affects morality, thereby giving rise to immorality and the leveling of social values. The protection of morality by criminal law is aimed at providing protection from socially dangerous acts - crimes.
The organization of prostitution is described in Art. 241 of the Criminal Code of the Russian Federation. This article sets out legislative norms, terms of punishment, conditions for qualifying a crime and the amount of fines.
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.
What does judicial practice show under this article?
Types of liability for crimes related to prostitution include: fine, imprisonment, forced labor. According to the article, this is not an uncommon practice.
Examples of court cases:
- Citizen G. was involved in maintaining a den where drugs were supplied, and prostitutes provided their services there. He kept careful records of funds, bribed law enforcement officers, but they were still able to track him down and neutralize him. For the crimes committed in total, he received 16 years in prison and a fine.
- Citizen V. was looking for prostitutes for her clients and fulfilled any wishes to order. A recreation center was organized in her house, under which a brothel was disguised. Minors also provided sexual services there. The investigation managed to solve the case, V. was detained, and all accomplices were arrested. As a result, everyone received 15 years in prison, and V. also received a fine.
- Citizen U. maintained a den in his apartment. He invited clients and prostitutes there and received money for them. Sometimes he brought there prostitutes under 14 years of age, who were in demand among men. It was discovered and the stash was closed. He received life imprisonment, taking into account the fact that he additionally kidnapped people and sold drugs.
What decisions are most often made under Article 241?
The punishment for prostitution is often suspended imprisonment. In 2022, there were 392 cases under this article, of which almost 350 were under 1 part. Of these, 70 people were put behind bars, 201 received suspended imprisonment, 81 received a fine.
Second commentary to Art. 241 of the Criminal Code of the Russian Federation
1. The objective side of this crime is characterized by three types of actions.
2. Organizing prostitution by other persons means the activities of pimps, pimps, suppliers of “clients” for prostitutes, intermediaries in negotiations between a prostitute and a “client,” the creation of dens for prostitution, etc.
3. A den for prostitution should be understood as a premises or other place specifically designed or systematically used for a fee to satisfy the sexual needs of citizens. They often operate clandestinely in apartments, dachas, hotel rooms specially rented for this purpose, as well as in rooms, attics, train carriages used for hotels, cabins of ships, etc.
4. The maintenance of dens for prostitution has the same semantic meaning as the maintenance of a den for the consumption of narcotic drugs and psychotropic substances (see commentary to Article 232 of the Criminal Code). The maintenance of a brothel also includes the provision of sexual services with the help of regular or visiting prostitutes.
5. The systematic provision of premises for prostitution involves the constant provision of apartments, rooms, dachas, garden houses and other residential or non-residential premises, cars, etc. to prostitutes (and possibly their “clients”) for a fee or even free of charge. for sexual contacts.
6. The crime should be considered completed from the moment of committing actions aimed at organizing prostitution for another person, even if this person did not actually have time or did not want to engage in prostitution, or from the moment of committing actions to ensure the functioning of a den for prostitution, or from the moment when the provision of premises for prostitution has become systematic.
7. The subjective side of the crime is characterized by direct intent. A characteristic, although not obligatory, subjective feature is selfish motive.
8. Responsibility begins at the age of 16.
9. The commission of the crime under analysis by a person using his official position (clause “a”, part 2) means that the perpetrator uses the actual opportunities arising from his official powers to organize prostitution for other persons.
10. The use of violence (clause “b”) means forceful influence on a prostitute with the aim of withdrawing from her all or part of the remuneration received from the “client”, or with the aim of forcing her to provide sexual services to a specific client with whom she does not want to have sexual contacts , and so on. Light and moderate harm to health caused as a result of the use of violence is covered by the criterion under consideration and does not require additional qualification.
11. Threat of violence (clause “b”) covers threats of any violence, including threats of murder. Violence can be used, and the threat of violence can be addressed to the victim or his relatives.
12. To qualify a crime under paragraph “c”, it is necessary that a person who has reached the age of 18 realizes that his actions contribute to the organization of prostitution by a person who has not reached the age of majority.
13. A particularly qualifying feature (Part 3 of Article 241 of the Criminal Code) is the commission of the crime under analysis involving the use of persons known to be under fourteen years of age for prostitution. In this case, the subject of the crime can only be an adult.
Punishment for organizing prostitution
Punishment for providing premises and maintaining a brothel (Part 1 of Article 241 of the Criminal Code of the Russian Federation):
- imprisonment for up to 5 years;
- a fine in the amount of 100 to 500 thousand rubles;
- a fine in the amount of the income (wages) of the convicted person for a period of 1-3 years;
- forced labor for up to 5 years.
Part 2 art. 241 of the Criminal Code of the Russian Federation provides for punishment for providing premises, organizing prostitution and maintaining a brothel for a certain category of persons, when this act is committed with the use of threats and violence, as well as with the condition of using minors for these purposes.
A certain category of persons includes citizens who used their official position, namely the privileges and powers granted to them in their service, to facilitate the commission of a given crime. These may be employees and managers of non-profit and commercial organizations; officials of local government bodies, state authorities, municipal and state institutions, employees of local government bodies, etc.
The threat of violence is intimidation by beatings, blows, or causing minor, moderate or severe harm to health. It can also be expressed in death threats. The use of violence means beatings and blows. Causing minor or moderate harm to health is possible.
The use of obviously minors is expressed in the use of persons under eighteen years of age. In this case, the person used must be at least 14 years of age. In this case, the guilty person must be aware of the age of the device being used.
A sign of knowledge is the presence of the fact of awareness of age, which can be expressed not only in the fact of close acquaintance, familiarization with documents, but also stem from the fact of appearance, if it clearly indicates a minority.
An act qualified under Part 2 of Art. 241 of the Criminal Code of the Russian Federation is punishable by imprisonment for up to 6 years. In addition, this part of Art. 241 of the Criminal Code of the Russian Federation provides, in addition to the main punishment, restriction of freedom for up to 2 years. Additional punishment is not mandatory.
The only qualifying feature in Part 3 of Art. 241 of the Criminal Code of the Russian Federation is the use of persons under 14 years of age for prostitution. When qualifying a crime under this part of Art. 241 of the Criminal Code of the Russian Federation applies the sign of knowledge, that is, the guilty person is obliged to know about the age of the person used.
Punishment for providing premises, maintaining a brothel and organizing prostitution using a person under fourteen years of age is punishable by: imprisonment for a term of 3-10 years. Additional punishment is restriction of freedom for a period of 1 to 2 years. As in the previous case, additional punishment is not mandatory.
The moment of the end of the crime is considered to be the moment of organization of prostitution.
Corpus delicti
To bring a person to justice for prostitution, his guilt must be proven. To do this, the suspect’s actions must contain a crime based on the following features:
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- Subject of the crime. Administrative and criminal liability in the Russian Federation begins at the age of 16. Accordingly, in order to receive a fine for prostitution, a person must reach the age of 16 and be mentally adequate.
- Object of crime. These are social institutions that are damaged when criminal acts are committed. In this case, these are morality, public order, and the health of citizens.
- The subjective side of the crime. Consists in the attitude of the culprit to the crime. In this case, direct intent is required, otherwise the suspect automatically receives the status of a victim in a rape case.
- Objective side. These are external signs of a crime that are available for study and evaluation. We are talking about providing sexual services for financial compensation.
Responsibility for providing sexual services
Responsibility for engaging in prostitution arises under Article 6.11 of the Code of Administrative Offenses of the Russian Federation. The only punishment specified in this regulatory act is a fine in the amount of 1,500 to 2,000 rubles. Considering the average cost of this type of service, we can conclude that such sanctions have no effect on reducing the level of prostitution.
Prostitution in modern Russia
Prostitution is the entry of a person into systematic relationships of a sexual nature for the purpose of obtaining monetary reward. The current legislation of the Russian Federation does not prohibit citizens from having promiscuous sexual relations. However, sex for money is considered a crime. There are several reasons for this:
- Spread of HIV infection. This is the main danger of prostitution.
- There is a risk to the health of prostitutes themselves. Clients often show disrespect and aggression towards girls. Most prostitutes have to work in difficult conditions.
- Prostitution can develop into sexual slavery when the pimp forces girls to work for virtually no pay. At the same time, he can use threats and resort to physical violence.
There is a popular belief that prostitution brings good income. However, there is a certain gradation among sex workers that influences pricing. Therefore, not everyone receives high earnings. In addition, prostitutes give part of the funds to the organizer of the brothel, which provides a stable flow of clients and a territory for meetings.
Despite the fact that prostitution in the Russian Federation is not encouraged at the legislative level, business related to the provision of intimate services continues to develop steadily. This is due to the fact that prostitutes themselves can only be brought to administrative responsibility. Punishment under the Code of Administrative Offenses of the Russian Federation involves the payment of a fine, the amount of which is disproportionately small in comparison with the income of sex workers.
Accordingly, having paid the penalty, the prostitute returns to work again, and so on ad infinitum.
What the statistics say
According to statistics, there are currently between one million and one and a half million prostitutes working in the Russian Federation. And this is just official information. Most often, young girls who grew up in low-income families are involved in the sphere of intimate services. Without higher education, they cannot get a normal job. At the moment, prostitution is most developed in Moscow, St. Petersburg, Nizhny Novgorod and Krasnodar.
In the capital, girls of easy virtue most often become girls who come from the provinces, as well as immigrants from third world countries. Over time, some prostitutes try to go abroad to work for a sexual nature, since the pay is higher in Europe and America. However, such trips can end sadly, because due to financial difficulties and the language barrier, many girls simply cannot return home. They fall into sexual slavery, giving almost all the money they earn to the pimp.
