An important part of the Criminal Code in Russia is Art. 135. She points to possible cases of depraved acts, as well as possible measures to prevent the violation. It is worth remembering that debauchery in itself is a criminal offense. It is punishable by law. To varying degrees, depending on the situation, but measures are still applied. This, as practice has shown, is quite common. So what is a criminal supposed to do in one case or another? What measures are prescribed in Art. 135 RF Criminal Code?
No violence
The first option applies to cases where there has been no violence. That is, debauchery was committed without causing harm to life and health. It’s just that the appropriate actions were taken against a minor who has not yet reached the age of 16 years. From that moment, in some cases, punishment can be avoided. It is also important to consider that depraved acts (Article 135 of the Criminal Code) must be committed by an adult citizen.
What relies on such an act? Compulsory labor takes place up to and including 480 hours, or forced labor up to 5 years. At the same time, the violator is imposed a restriction on the conduct of certain activities, and also does not allow him to occupy any positions. The specifics are established in court, but in practice this applies to cases related to children, parenting, the economy, politics, and also high-ranking places. The duration of the taboo can reach 36 months.
Imprisonment is not excluded. Art. 135 of the Criminal Code provides for a similar measure for debauchery in relation to persons under 16 years of age. Imprisonment in prison lasts for a maximum of 3 years, and deprivation in matters of activity and office - up to 120 months.
Between 12 and 14
What's next? The next paragraph of the article explains the sanctions imposed for the crime of indecent assault by an adult with a citizen who has reached 12 years of age. And yet he has not even received his first passport. That is, we are talking about a child aged 12 to 14 years.
Such an act is considered more serious. And therefore, Art. 135 provides for other measures to prevent repeated actions. They are somewhat similar to the previous situation, but there are still differences.
What is all expressed in? Of course, many people associate criminal liability with prison. And it is right. Indeed, debauchery against children 12-14 years old will be punished by imprisonment. Minimum offender will be imprisoned for 3 years, maximum - for 8 years. Also, as a supplement, the court has the right to impose a restriction on the activities and work of the defendant for a period of 15 years. Already a serious punishment, right?
Several victims
Sometimes there are several minor victims. In this case, the criminal will be assigned even more serious preventive measures. Legally, everything is indicated in Art. 135. More precisely, in paragraph 3.
What to expect from the court? In principle, there will be nothing essentially new and surprising. Depraved acts provided for in all previous cases, if they were committed against several children, shall be suppressed by imprisonment. How much? From 5 to 12 years inclusive.
Additional measures should not be forgotten either. They are prescribed in practice very often. Especially if the situation is really serious. Restriction on activity, as well as on the right to occupy certain posts and positions here takes place. Not yet mandatory. But it is handed down by the court almost always. Duration is 20 years. And the countdown begins only after the release of the defendant from custody. So, first you will need to sit out, and then also endure the limitations for building a career.
Group agreement
The next paragraph (this is not Art.135 of the Labor Code of the Russian Federation, we are talking about the Criminal Code) was invented specifically for situations where the crime was committed by several persons by prior arrangement. Or even some sort of organized group. In general, in criminal law, crimes accompanied by conspiracy are treated as especially serious. And the punishment for them will be appropriate.
However, significant differences are not observed here compared to previous measures. As before, there is a deprivation of liberty, as well as not yet a 100% probability of restrictions on the activities and work of the defendants. The penalty is imposed on each participant in the offense separately.
For group depraved actions it is supposed to serve from 7 to 15 years. Plus, restrictions on activities are imposed up to 240 months. A distinctive feature prescribed in paragraph 4 (article 135 of the Criminal Code) is the restriction of freedom after release from prison. The so-called suspended sentence lasts up to 2 years. In fact, it is quite often used in lecherous acts committed by several persons against minors before they reach 16 years of age.
Already passed
The most serious punishment is still imposed on persons who already had a criminal record. Moreover, for violation sexual integrity minors. This is the worst thing that can only meet. According to the published text of the Criminal Code, one will have to face criminal liability of the highest measure.
Of course, we are talking about imprisonment. In the same way as in all of the above circumstances. But now, without fail, a taboo on activity is imposed. It lasts 20 years. But imprisonment will be from 10 to 15 years. In practice, most often the court tries to punish the offender for debauchery to the maximum.
Composition
Particular attention is paid to the composition of our act today. Indeed, depraved actions, in order for them to be considered a crime, must be focused. In this case, the offender must be aware of what he is doing. If provocation by the victim is proved, this will be regarded as a mitigating circumstance. Either the measures to prevent the violation will decrease, or the criminal case will not be opened at all.
Depraved actions can be both intellectual and material. That is, acts aimed at arousing and satisfying sexual needs in any form and form, this is our crime today. It turns out that they can be held accountable even for correspondence of an intimate nature. Consider this fact.
