Prostitution is the provision of sexual services on a voluntary basis for money. This service in the presence of the necessary amount can be received by anyone. A person selling his own body for personal gain does not violate criminal norms - only administrative ones (article for prostitution 6.11 of the Code of Administrative Offenses). Persons must be held accountable for their involvement in this activity.
Administrative measures
In Russia, according to 1 article 6.11. CAO, prostitution is punishable by financial penalties. It provides for the parameters of the fine and a list of persons who can be attracted for this offense:
- The collection amount for all is in the range of 1500 - 2000 rubles.
- A person is responsible for engaging in prostitution only when proving his guilt. (Article 1.5 of the Code of Administrative Offenses)
- A fine for such an activity can be received by a person who at the time of the commission of this violation was already 16 years old (Article 2.3 of the Code of Administrative Offenses).
A person whose age is between 16-18 years old can be exempted from liability. Instead, measures must be taken against him in accordance with federal laws protecting the rights of minors.
Recruitment Penalties
Recruiting - engaging in prostitution, or forcing them to continue to engage in it - is punished more severely.
Monetary penalties reach a maximum of 200,000 rubles. Another variation is the salary or other income parameters for 1.5 years.
The article for prostitution (No. 240 of the Criminal Code) provides for options for imprisonment:
- 3 years maximum. They can appoint forced labor for a similar period.
- 6 years maximum. If the crime is committed using violence and psychological threats.
- The same period as in paragraph 2, if the victim was transported across Russian borders or illegally detained in another country.
- A similar period if the act was committed by persons who united in a group and acted according to the preliminary plan.
- 3-8 years + 15 years ban on holding specific posts. This punishment is applied when the crime is completely by persons organized in a group. Moreover, the injured person is a minor. So says part 2 of the article for prostitution.
Convention 1949
She was agreed in New York. Its purpose is to suppress such crimes of international significance:
- Human trafficking.
- Coercion to prostitution of another person, even with the consent of her.
- The contents of dens or any control over them.
- Deliberate surrender of a room for prostitution by third parties.
- An attempt to carry out the indicated items. Preparation for their implementation and deliberate participation in them.
The Soviet Union joined this convention in 1954.
In accordance with its final provision in the Criminal Code, prostitution is punished with the following articles (depending on the gravity of the crime):
- No. 240 - for involvement.
- No. 241 - for the organization of dens, or their support.
- No. 151 - for involving people under the age of 18.
Not a single article for prostitution in the Russian criminal law sphere affects such acts reflected in the Convention:
- declination for prostitution of other persons subject to their consent,
- pandering and seduction for the same purposes under the same conditions.
Analysis of terms in article 240
Parts 1 and 2 of Art. 240 say that people's health and morality are objects of crime (prostitution).
According to part 1, the objective side is specific criminal actions.
A crime has the status of completed from the moment when its subject committed the indicated actions. It does not matter if the victim was inclined to prostitution.
Subject - a person who is already 16 years old.
As for the subjective side, this is a person who realizes that using violence or psychological threats or fraud involves another person in prostitution.
Part 2 states that violence is a physical influence on a person who is forced into prostitution. Violent measures are expressed in special harm to his health. If the latter is seriously damaged, the crime can be qualified under the relevant articles.
A psychological threat is associated with intimidation of a person that physical influences will be applied to him if he refuses to engage in prostitution.
Part 3 implies tougher measures if the victim of these acts is a person who is under 18 years old. Moreover, these acts were committed by an organized group.
The subtleties of crime
When a person is recruited for prostitution, the process may affect Art. 1271 UK. It relates to trafficking in persons. But at the same time the article for prostitution also appears.
Both that and other structure have an important sign - use of violence or moral threats.
The key factor here is the object of the crime. Selling people is freedom. And the article on prostitution as the main object implies a moral aspect and health.
Therefore, if a person is recruited for sexual use, the composition of the sale of people is formed. Only here is there an important point - this act encroaches on the freedom of the person concerned.
Example: she is deprived of her liberty, documents are taken from her, and she is held in custody.
Then the qualification of the crime occurs under Art. 1271 UK
When a person is recruited and not deprived of his liberty, the act is interpreted in accordance with Article 240.
Of primary importance here is the definition of the purpose of violent methods and its relationship with the criminal object.
When due to violence a person is limited in freedom and subjected to sexual use, this is the composition of the act reflected in part 2 of article 1271
If due to violence a person suffers only physical and moral influences on the part of malefactors involving him in prostitution - there is a qualification under paragraph “A” of the second part of Article 240.