Article 241 of the Criminal Code: essence and comments

Prostitution in Russia is prohibited. It's a criminal offense. The organization of this act is punishable accordingly. They are prescribed in Article 241 of the Criminal Code of the Russian Federation. What is it about? What kind of sanctions can you run into for organizing prostitution? This is not the most terrible, but quite serious violation. Therefore, the measures applied to criminals will be appropriate.

Without complications

Article 241 Part 1 of the Criminal Code refers to the penalties imposed on those who hold dens for girls of easy conduct, and also organizes prostitution. This includes persons who systematically provide premises to the organizers. The first measure provided by law is the payment of a fine. It can be of different sizes. The court will determine the exact amount, but it can not specify less than 100 and more than 500 thousand rubles. As an alternative, you can collect the defendant's income for a maximum of 36 months. Another measure is forced labor. It lasts a maximum of 5 years for the organizer. The most serious measure for the violation in question is imprisonment. Ultimately, it can be 60 months.

Weights

Article 241 of the Criminal Code is not limited to this. Sometimes there are some aggravating circumstances. They will have to pay more seriously than with the simple organization of prostitution. The factors of burdening include:

• Use of official position;
• The involvement of minors;
• Threats of violence or its infliction.

If the organization of prostitution was associated with the above-mentioned nuances, a more serious punishment is required. Which one? Article 241 of the Criminal Code provides for not one measure of restraint.

The organizer is supposed to be imprisoned for 6 years. In addition, sometimes they can assign a restriction on work in certain spheres of activity. And also the court is able to make a decision, according to which, the violator will lose the right to hold specific positions (usually leading). Such prohibitions can last 10 years. In addition to imprisonment (article 241 of the Criminal Code), a suspended sentence of 24 months is imposed. It can not be imposed - this is not a mandatory item. But in practice, deprivation of liberty, followed by its restriction, occurs quite often. Especially if minors were involved in prostitution. Then the judiciary is trying to fix the most serious punishment.

Under 14 years old

The organization of prostitution is sometimes met with the participation of citizens who are under 14 years of age. If the organizer has attracted such a minor to easy behavior for money, he will be punished at the highest level. After all, crimes involving children are usually considered the most serious.

The proposed measures do not differ much from those previously mentioned. As in all previous cases, the perpetrator is entitled to imprisonment for organizing prostitution with under-age citizens under 14 years of age. The imprisonment is for a term of 3 to 10 years. In addition, sometimes a court can impose a taboo on the activities of a citizen-criminal. This restriction will increase in comparison with the previous case for 5 years. And now it will not be possible to hold certain positions and work in specific spheres for up to 180 months.

The conditional term in Article 241 of the Criminal Code of the Russian Federation (Part 3) also takes place. It does not differ in its duration from the period laid when bringing minors to prostitution after 14 years of age. So, if the restriction of freedom after imprisonment will be made by a court decision, it can not exceed two years. It is these rules that are in force in Russia for 2016.

Comments

A huge role is played by the comments on the article. They point to some specific features of the crime. For example, what is the object of the offense. There are several of them. The immediate (main) object is the morality of citizens, and the additional - health. The objective side is:

• Direct organization of prostitution.
• The maintenance and maintenance of brothels.
• Provision of premises for prostitution (systematic).

Features of the crime

Under the taxonomy, you can consider using the area more than two times. But the organization is a broader concept in this crime. The point is that this term means any activity that promotes the organization of prostitution. For example, the search for a territory for the maintenance of a stash. The organization can deal with individuals and organized groups. The crime has a direct intent. That is, the perpetrator knew and foresaw the practice of prostitution by others.

Who can be judged by art. 241 of the Criminal Code? Any adequate, sane citizen at the age of 16 years. It is from this period that criminal responsibility arises for organizing prostitution. Under the use of violence means: physical injury to the victim, imprisonment, use of psychotropic or any medications and so on.