Article 152 of the Criminal Code of the Russian Federation has expired

Often, the law makes various changes, because our life, too, does not stand still. Yesterday's dangerous deeds have already lost their status or moved to other categories, and replaced by new ones.

So, for example, it is possible to note the changes in the Criminal Code, namely article 152 of the Criminal Code of the Russian Federation, which became invalid in 2003. By the way, in comparison with the Criminal Code of 2003, there are quite a few amendments in the current law.

As foreseen earlier

Including 2003, Article 152 of the Criminal Code of the Russian Federation included a description of the crime committed against the child. It included trafficking in minors with various aggravating circumstances (including death, as well as the use of organs); Export abroad illegally; The implementation of criminal intent by several persons and other actions against children that involve the purchase or sale of a person as a commodity.

At the moment, this article has lost its force not because this crime ceased to be socially dangerous, but because it was transferred to another article - 127.1 of the Criminal Code of the Russian Federation, which provides for trafficking in persons in general. The legislator considered that it makes no sense to allocate a special position to the act, which has already been described in the criminal code. Moreover, the punishment for a crime committed against a child is in itself an aggravating event, for which appropriate punishment should be provided.

Measures

Article 152 of the Criminal Code contained sanctions for the acts committed, depending on the absence or presence of qualifying signs.

In particular, the sale of children provided for compulsory and corrective work for a short period of time, as well as restriction and deprivation of free movement for a period of up to five years.

Among the special circumstances pointed to by the norm 152, paragraph 2, the article of the Criminal Code of the Russian Federation noted that in the presence of which criminals could be deprived of their liberty for a period of 3 to 10 years (points a and x):

• The commission of the act repeatedly (relapse);
• In relation to several persons;
• Group of persons;
• Use of service status;
• Illegal export of children (child) abroad;
• Committing transactions for the purpose of involving a minor in sexual activities ;
• Trafficking in children for the purpose of using their organs for transplantation.

Death of the victim

The third part of the provision (we are still considering article 152 of the Criminal Code of the Russian Federation, which is still ineffective) contained the only sign that deprives criminals or one perpetrator for up to 15 years-the death of a minor. It should be noted that only death by negligence was considered, as well as other consequences, for example, a persistent loss of health, etc.

This was due to the fact that in itself the murder of a minor is provided for by a completely different article. In addition, in this part there are two forms of guilt: direct intent and careless form. The first is that the offender is consciously going to buy or sell the child for any purpose and does not want, for example, the occurrence of such consequences as death, during transportation. However, the victim dies, which indicates an imprudent form of guilt of the offender, since he could not foresee this outcome of the events. However, even with this approach, despite the fact that the guilty person did not wish to die, the punishment for finding (and proving) a criminal act could reach 15 years of being in a regime institution.

A simple crime

What is provided for trafficking in children today? You can compare: article 152, part 2, the Criminal Code (and part one) and 127.1 of the Criminal Code, and not just dispositions and sanctions, although they are also very important, and the appropriateness of absorbing the second article of the first provision.

First of all, it should be noted that the sale of children (child) is currently provided for in article 127.1 of the Criminal Code of the Russian Federation by part 2, point B. It turns out that it is important for the legislator and the public first of all that all this happened with a minor who can not himself Help yourself, can not escape, protect yourself physically and psychologically, that is, commit all those actions that an adult can do. Thus, children, as the most vulnerable category in this sense, need this not only from social bodies, but also from the Criminal Code.

Accordingly, only for the fact that he committed, if it is possible to say so with respect to a person, a transaction for the purchase or sale of a child, it is not important for what purpose and irrespective of relapse and other aggravating circumstances, severe punishment can be imposed.

Use of the service provision

If the act is committed by a person who occupies a certain position somewhere in the state or other service, the sanctions against him are set equal to imprisonment for up to 15 years. In addition, the perpetrator may be deprived of the opportunity to hold any posts within the same period. There is also a restriction of freedom, but this is an alternative punishment, so it can be applied at the discretion of the judge in accordance with the circumstances and evidence.

Article 152, paragraph 2, the Criminal Code of the Russian Federation does not impose restrictions on the service and positions, although in the dispositions, in paragraph D, the perpetrator of this category is mentioned.

Article 127.1 also notes a note stating that the person who first committed the crime may be exempted from criminal liability under certain circumstances (cooperation with the police, voluntary release of the victim and others). However, this only applies to adults who are victims of a criminal. In the sale of children in particular and in the presence of other special signs in general, the primacy is not considered.

Minimum and maximum terms

In addition, we can note the limits of punishment. When comparing, it turns out that the act described in Article 152 of the Criminal Code of the Russian Federation in part 1 is simply punished for the sale and purchase of a minor who is not burdened by any other circumstances for up to 5 years (only deprivation of liberty is considered).

In the new situation for the same actions, the perpetrators are punished for a term of 3 to 10 years. Thus, we can see that the upper limit has become larger, because it is still unknown what kind of psychological (or physical) trauma the criminal inflicted on his actions to the child.

Article 152, part 2, of the Criminal Code of the Russian Federation provides for various qualifying signs that may lead to the punishment of 3 to 10 years in prison. In the current article on trafficking in children, the victim is in itself a special circumstance and a qualifying sign.

The death of the victim in the new situation (which includes Article 152 of the Criminal Code) entails for the offender imprisonment in a regime institution for a period of 8 to 15 years. Compare with part three of article 152: the death of the victim is punished with a term of 5 to 15 years. Thus, "in a new way" the lower boundary is closer to the maximum, since the act is particularly grievous. And depending on other circumstances of a different nature (aggravating mainly), the guilty person may go to the colony for life.

In the article this is not indicated, but judicial practice shows that there are many cases when the first "sale-purchase transaction" generates other crimes related to murders, perversions and especially cruel treatment. That is why the punishment is mainly based on a set of crimes that have many episodes, for a period up to the biological death of the offender.