Probably everyone knows Art. 132 of the Criminal Code of the Russian Federation. She is responsible for punishments that are imposed for acts of a sexual nature (violent). Unfortunately, such crimes occur quite often, especially recently. And they should be suppressed. After all, this is a kind of encroachment on sexual integrity citizens given by the Constitution. Therefore, preventive measures will be appropriate. You should not hope for easy punishments. What has the Criminal Code prepared for criminals who commit violent acts of a sexual nature?
Seven troubles - one answer
What is it worth preparing yourself for this dangerous crime? In order not to hope in vain for mercy on the part of the state, it is worth noting that there will be no concessions regarding violence, let alone sexual ones. The code provides only one measure. And it is associated with many citizens with criminal liability.
Of course, we are talking about imprisonment. Imprisonment in Art. 134 - This is the main measure that applies to criminals. In addition, various restrictions can be added to imprisonment. It all depends on the specific situation as a whole. Therefore, in order to determine the exact and deserved punishment, you need to thoroughly study all parts of Art. 132 of the Criminal Code.
Part 1
Lesbianism, sodomy, and various sexual acts that were brought to life thanks to the helpless state of the victim - this is the first case that can be cited as an example. According to Art. 132 p. 1, the threat of using the above actions can also be attributed to this. What relies on this? It has already been said - prison. It is laid to all potential or real rapists. The only difference is the length of the sentence. And, of course, in what colony the offender will be placed in.
For sodomy, lesbianism and other violent acts of a sexual nature, which were carried out due to the helplessness of the injured person, or the threat of their use, are punishable by imprisonment for up to 6 years. The minimum length of detention in this case is 3 years. As practice shows, this alignment is possible with threats. But direct violence is severely punished. And you should not hope for the shortest time.
Groups and cruelty
What's next? Art. 132 h. 2 provides for measures applicable to criminals who have committed sexual violence (or threatened to use it) by prior conspiracy. Or this crime was accompanied by special cruelty, threat of assassination or causing serious harm to the life and health of the victims. In addition, it can also include violent acts that entailed HIV infection. For committed acts rely more severe punishment. The minimum that is imposed on criminals regarding imprisonment is now 4 years. And a maximum of 10 years.
In addition, the court may decide on further restrictions on the freedom of criminals. Conditional term lasts up to 24 months. Most often in practice it takes place. And not only imprisonment is appointed, but also its further restriction. All this makes violators think several times before agreeing to commit a crime. After all, avoiding punishment will not work at all.
Children and negligence
What's next? In Art.132 of the Criminal Code also indicates measures that are suitable for punishing perpetrators of sexual violence (or threatened to use it) against minor citizens. Or, through negligence, HIV infection of the victims was carried out, as well as serious harm was inflicted on them. Or, through negligence, the victim suffered other grave consequences.
The punishment for this is prescribed in part 3 of this article. Here, imprisonment varies between 8 and 15 years. In addition, a restriction may be imposed on the conduct of any activity, on work in certain areas, and you may also be banned from the right to occupy any specific positions. Practice shows that these are usually senior and senior positions.
The duration of the bans is a maximum of 20 years. In practice, if an offense is provided for by Part 3 of Art. 132 of the Criminal Code of the Russian Federation, the court is trying to impose maximum measures on criminals. And everything that can be added to imprisonment is also assigned.
Death
It often turns out that sexual violence entails the death of the victim. Or the crime is committed against a minor. It’s important to consider - we are talking about youngsters. That is, when acts of a sexual nature (violent) are applied to citizens under the age of 14. Threats to use are also taken into account.
For this crime imprisonment is laid. Minimum 12, maximum 20 years. In addition, acts can be banned for each participant in their conduct of business and the right to occupy certain posts and positions is selected. How much? For 20 years maximum. As you can see, there is no significant difference with the previous option. Nevertheless, in some cases there is an additional appointment of a suspended sentence. The restriction of freedom can last up to 24 months inclusive. This measure is not so common in practice. Taboo on activities and positions is considered the most effective additional means of combating a criminal. And it is quite logical: it is impossible for criminals to work in some serious areas and occupy senior, leading posts.
Already judged
What else is worth considering? The last part of Art. 132 of the Criminal Code of the Russian Federation (with and without comments) points to measures laid down for sexual violence against children under 14 years of age by a citizen who already has a criminal record. Moreover, for a crime expressed earlier in an encroachment on the sexual integrity of a person.
It threatens such people life imprisonment. And in a maximum security colony. In some cases (extremely rare), one can hope for imprisonment of 15-20 years, as well as an additional sentence. It is expressed as a restriction of activity and as a ban on the right to occupy certain posts. The term is similar to most previous options - 240 months maximum.
Avoid punishment
In principle, it has already been said that it will not be possible to hide from punishment for infringement of the sexual integrity of the person. But to replace criminal liability with imprisonment with another measure is quite. Only this is solved only by a small number of criminals. Those who have nothing to lose.
The thing is that if a person is recognized as mentally ill, they will not put him in prison. Instead, a life crime in a psychiatric clinic will be imposed for the crime committed. Some understand this and intentionally make themselves crazy. Rarely, but it happens.
