Depraved actions are far from rare. Debauchery was at all times, but only in recent years its number began to increase exponentially. The reasons for this may be different. But the fact remains - in the world very often there are crimes associated with depraved acts. Fortunately, Russia has been punished for this. And far from one. Sexual abuse is punishable under section 135 of the Criminal Code. Here are some possible cases, as well as preventive measures. What decision can a court make?
Debauchery is ...
But for starters, what is depraved action. On an intuitive level, and so everything is clear. But as an exact definition - not really. But to understand the crime committed, you have to study this term.
Depraved actions are any acts aimed at satisfying sexual fantasies, desires and needs of a person against the will of the person to whom they are applied. This is a kind of crime that violates the honor, dignity and inviolability of a citizen. Keep in mind that depraved actions are performed with the goal of simple arousal or the direct satisfaction of sexual desires. Such acts also include exposure of parts of the body and frank dialogs. In any form of manifestation. Even in virtual.
Corpus delicti
There is nothing particularly difficult to understand debauchery. AT Art. 135 The Criminal Code of the Russian Federation constitutes an important role. Firstly, it is worth considering that a committed act has purposefulness. That is, the offender was aware of what he was doing. Moreover, for some reason he carried out depraved actions. For example, for the sake of provocation. It is quite common. A crime, therefore, can only be carried out with direct intent.
Secondly, depraved actions can be both physical and intellectual. It has already been said that debauchery is carried out in various forms of manifestation. So, even a very frank conversation is able to be regarded as such and prosecuted by law. Goals, emotions, motives of crime not included in the subjective side of sex crimes. Nevertheless, all this is taken into account when punishing a criminal. Without establishing these, it is extremely difficult to determine the appropriate measure.
Under 16 years old
Now directly to the text of the article. Depraved acts may occur under different circumstances and due to numerous motives. The first case is sexual activity without violence (but also without prior consent) against minor children. More precisely, persons under the age of 16. At the same time, depraved actions are made by an adult citizen. It is important.
In this situation, the culprit may be assigned forced or compulsory work. This is a fairly common measure. The convicted person can be sentenced to compulsory labor lasting no more than 440 hours or forced to 5 years (or less). In addition, in addition to coercion, a restriction on the conduct of any activity, at the discretion of the court, as well as the deprivation of the right to occupy certain positions (in practice, managerial ones) is added here. Their duration is a maximum of three years.
Conditional term also assumed. Rarely, but this happens. With depraved acts, the convicted person shall be taken into custody for no more than 36 months. Either they are completely deprived of their liberty for the same period, and a ban on doing business in one area or another is additionally imposed. He is also deprived of the right to occupy specific posts.In this case, a kind of "addition" can last up to 10 years.
Incompetent
Art. 135 of the Criminal Code of the Russian Federation also provides for appropriate penalties for depraved acts against young children. More precisely, persons who have reached 12 years of age, but are still incompetent. That is, for depraved actions against children 12-14 years old. What relies on this situation? In this situation, perhaps the most serious measure of punishment follows. This is imprisonment. Depending on the circumstances, imprisonment varies. Only from 3 to 8 years. All features of the crime will be taken into account, after which the court will make a final decision.
Also, in a “supplement” to the conclusion, either a 15-year ban on holding certain posts, as well as conducting activities in specific areas (most often affected by economics, politics and culture) or restriction of freedom for a period of not more than 24 months, is prescribed. Most often, such measures are not applied. Is that imprisonment. Practice shows: the younger the child, the more severe the punishment for a crime of a sexual nature.
Few people
Art. 135 of the Criminal Code of the Russian Federation - to be more precise, 3 of its parts - establishes possible measures to educate a citizen who has committed depraved acts (or sexual nature) against several people. In this case, only the cases provided for by parts 1 and 2 of this article are affected. That is, without violence, but before the victim turned 16 years old. Or it can be debauchery with a child from 12 to 14 years.
What will be relied upon in such cases? Imprisonment, of course. The term will be from 5 to 12 years. At the same time, the taboo on activities and holding posts also has reason. If such a decision is made by the court, then the prohibitions are able to operate for a maximum of 12 years.
Collusion
Depraved acts (Article 135 of the Criminal Code of the Russian Federation) can be committed by an organized group, as well as just a few people against the victim by prior conspiracy. This situation requires serious preventive measures. Especially, given that in practice lecherous actions of this kind are very common.
At the moment, it’s supposedly, in simple terms, a prison. Guilty persons can be imprisoned for no more than 15 years. But no less than 7. In addition, they may be deprived of the opportunity for the next 20 years to engage in one or another activity (the specifics are imposed by the court), a taboo is also established for the posts held and positions for the same period. A rare but real phenomenon. Most often, it is replaced by a restriction of freedom after release from places of its complete deprivation. Two years of probation is what threatens lawbreakers.
Criminal record
Depraved acts specified in subsection 135 (2) of the Criminal Code of the Russian Federation committed by a person who already has at least one criminal record for sexual acts involving minors (for assault on sexual integrity) are not particularly distinguished by punishment for group indecentness or conspiracy. Based on the text of the Criminal Code, we can conclude that a libertine is entitled to imprisonment. The term is from 10 to 15 years. Deprivation of the right to conduct this or that activity, work at certain posts is also provided. As in the past case, the maximum that threatens the violator is 20 years of restrictions.
To summarize
What conclusion can be drawn from the foregoing? Depraved acts in Russia against minors are punishable by criminal law. The main measure to prevent violations is imprisonment. Dates are set individually by decision of the judiciary.
Additionally, defendants are able to lose the opportunity to work in certain positions, as well as in certain areas of activity. In some cases, sexual depravity is punishable by an additional suspended sentence after release from prison. It is a common measure, which in practice is almost always implemented.
