Let's look at the topic of sexual intercourse and sexual activity against minors. To be more precise, with persons under 16 years of age. It is from this age that there can be no corpus delicti if sexual contact was committed with the consent of the “victim”. Therefore, you should pay attention to the violation sexual integrity the so-called youngsters. Of course, it all depends on many circumstances. But Art. 134 of the Criminal Code of the Russian Federation provides for a lot of clarification regarding situations and measures laid down under certain circumstances. What is this about?
For "youngsters"
The whole article is divided into several parts. And each is considered a separate situation. For example, part 1 of article 134 of the Criminal Code of the Russian Federation regulates penalties that rely on sexual intercourse and other sexual acts with minors. In this case, the offender must be of legal age.
Such actions may be punished by community service: mandatory - for a period of up to 20 days (480 hours), or forced - for no more than 4 years. Also, the perpetrator has the right to impose a restriction on the conduct of a particular activity, as well as to take away the opportunity to occupy certain posts. The duration of the ban on forced labor lasts for a maximum of 3 years.
Restriction of freedom also has a place to be. Its duration can reach 3 years. In some cases, imprisonment of up to 4 years is prescribed. And it can also be accompanied by prohibitions on activities, as well as the right to occupy certain posts. In this case, the “addition” may “stretch” for 10 years. In practice, this happens very often.
Part 2
Art. 134 of the Criminal Code of the Russian Federation also indicates sodomy, as well as lesbianism, which is committed by an adult citizen with a person under the age of 16 years. For such a crime, slightly different measures are provided than indicated in the first part of this article.
Here, only forced labor takes place, accompanied by restrictions on conducting activities and building a career, as well as imprisonment with or without the same conditions. Labor in this situation can be assigned to anyone. But not more than 5 years. And restrictions on activities in forced labor - no more than 36 months.
Deprivation of liberty, compared with the previous version, is increasing. Now the prison threatens for sodomy and lesbianism with a minor under 16 years for a period not exceeding 6 years. If the offender is additionally tabooed on activity and career, everything remains as before - a maximum of 120 months.
Up to 14
What's next? In Art. 134 there is one very interesting point. It relates to a sexual offense committed by an adult. But sexual intercourse in this case (or other actions specified in the article) occurred with a person aged 12 to 14 years.
Such an act is punished more seriously. More precisely, the offender will be assigned the most serious criminal measure - this is imprisonment. As it’s not hard to guess, in some cases the defendant is taken away the right to work in certain posts, as well as to work in various fields (this usually refers to contact with children, culture, the economy, politics).
It should be noted, Art.134 of the Criminal Code for sexual intercourse and sexual activity with minors aged 12 to 14 years indicates a jail term of at least 3 years. The maximum imprisonment for this development of events is 10 years. And another 15 - this is some kind of addition that applies to prohibitions of activity for the criminal. This is indicated all in Art. 134 h. 3 of the Criminal Code. As you can see, serious measures are already being put into practice. Concessions and extenuating circumstances for the perfect act is not provided.
Few people
134 tbsp. (RF, Criminal Code) - this is what interests many citizens. Sexual offenses against minors must not be overlooked. Especially when it comes to the repeated commission of an act. To be more precise, when sexual intercourse occurred with 2 or more persons who have not yet reached 16 years of age.
Only imprisonment threatens the criminal. This is considered a capital punishment. The only difference is the length of the sentence. In such a situation, one can hope for at least 8 years in custody. And stay in prisons will have a maximum of 15 years. Of course, one should not forget about the limitations of activity. Now it will increase by 15 years compared with the data obtained from part 3 of article 134. It turns out that the “taboo” will be imposed for a maximum of 240 months. And in this case, all restrictions are required.
Groups
If sexual intercourse or acts of a sexual nature with minors (up to 16 years of age, this is important) was committed by a group of people by conspiracy or by an organized group, you can, as in all previous cases, rely only on prison and “taboo”.
How long can the sentence last? Imprisonment for 12-20 years, restriction on activity - up to 20. Plus, everything, in addition to conspiracy and work in a group, a so-called suspended sentence is set. He will begin to act after his release from prison. And will be up to 24 months. Sometimes a restriction of freedom is not imposed. It is such measures provided for in Art. 134. Practice shows that in reality, most often, criminals try to appoint a higher penalty.
For convicted
It often happens that criminals already have a criminal record under this article. With such a development of events, sexual intercourse and other acts of sexual inclination will lead to maximum imprisonment. No concessions.
How exactly? Of course, imprisonment may be imposed in different colonies (in fact, a strict regime). How long do you have to "sit out"? 15-20 years, and in addition also lose the opportunity to occupy certain posts, as well as carry out some activity - up to 20 years.
That is not all. Most often, for previously convicted persons who have committed a crime of sexual integrity with citizens under 16 years of age, a life sentence is provided. In fact, it is extremely popular. And not only for previously convicted, but in general for criminals who had sexual intercourse with children. There will always be aggravating circumstances that contribute to toughening sentences.
Notes
But punishment can be avoided. Not always, but quite often. The composition of Art. 134 of the Criminal Code indicates that a criminal can be released from criminal liability if he has married the victim.
In addition, there is one small feature of this article. The thing is that when the age difference between the victim and the criminal is less than 4 years, then imprisonment does not apply to such defendants. Only applies to part 1 of article 134 of the Criminal Code.
