135 h 4 uk rf. Indecent acts of a sexual nature. Examples of criminal practice

Committing depraved acts without the use of violence by a person who has reached the age of eighteen, in relation to a person who has not reached the age of sixteen, - deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or by deprivation of liberty for a term of up to three years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to ten years or without it.

Part 2 Art. 135 of the Criminal Code of the Russian Federation

The same act committed against a person who has reached the age of twelve, but has not reached the age of fourteen, - restraint of liberty for a term of up to two years or without it.

Part 3 Art. 135 of the Criminal Code of the Russian Federation

The acts provided for by paragraphs 1 or 2 of this article, committed against two or more persons, are punishable by imprisonment for a term of five to twelve years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to twenty years.

Ch. 4 Art. 135 of the Criminal Code of the Russian Federation

The deeds provided for by the first, second or third parts of this article, committed by a group of persons by prior agreement or by an organized group, are punishable by deprivation of liberty for a term of seven to fifteen years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to twenty years. such and with restriction of freedom for a term of up to two years or without it.

Ch. 5 Art. 135 of the Criminal Code of the Russian Federation

The act provided for in paragraph 2 of this article, committed by a person who has a previous conviction for a crime against the sexual integrity of a minor, is punishable by deprivation of liberty for a term of ten to fifteen years, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to twenty years.

Commentary on Art. 135 of the Criminal Code of the Russian Federation

Commentary edited by Esakov G.A.

1. The signs of the victim in this corpus delicti are identical to the signs of the victim in Art. 134 of the Criminal Code.

2. The objective side is to commit indecent acts without the use of violence. Depraved acts include any acts, other than sexual intercourse, sodomy and lesbianism, which were aimed at satisfying the sexual desire of the perpetrator, or at causing sexual arousal in the victim, or at arousing his interest in sexual relations. Such actions can also be recognized as depraved, in which there was no direct physical contact with the body of the injured person, including actions committed using the Internet, other information and telecommunication networks (paragraph 17 of the Decree of the Plenum of the Supreme Court of the Russian Federation of December 4, 2014 N 16) .

The use of violence against the victim to commit depraved acts or the threat to use violence turns the deed into rape or violent acts of a sexual nature (Articles 131-132 of the Criminal Code). If the perpetrator, when committing indecent acts, uses the helpless state of the victim, who does not understand the nature and significance of the acts committed, the deed is qualified under Art. 135 of the Criminal Code only if the indecent acts are not associated with a violation of the bodily and, as a result, sexual inviolability of the victim; any use in such a situation of the body of the victim turns the deed into rape or violent acts of a sexual nature (Articles 131-132 of the Criminal Code). However, judicial practice qualifies all various indecent acts against persons under the age of 12 under Art. 132 of the Criminal Code, referring to the note to Art. 131 of the Criminal Code.

3. The crime is considered completed from the moment of committing indecent acts. Possible side effects of indecent acts (for example, tears of the hymen, scratches in the genital area or on the body) do not affect the recognition of the crime as completed. When depraved acts develop into rape, violent acts of a sexual nature or sexual intercourse with a person under the age of 16, the deed is fully covered by Art. 131, 132 or 134 of the Criminal Code.

4. If the depraved actions were accompanied by infection with a venereal disease or HIV infection, kidnapping, involvement in prostitution, illegal distribution of pornographic materials or objects, etc., the deed is subject to qualification in conjunction with Art. 121, 122, 126, 240, 242, 242.1 or 242.2 CC.

5. The subject of the crime is a person of any gender who has reached the age of 18.

6. Signs of qualified and especially qualified compositions are generally similar to the corresponding signs in Art. 134 of the Criminal Code.

Commentary on Article 135 of the Criminal Code of the Russian Federation

Commentary edited by Rarog A.I.

1. The object of this crime is the sexual inviolability, moral and physical development of minors. The victim may be a person of any gender, knowingly for the perpetrator under the age of 16 years. Bringing to criminal responsibility is possible only if the guilty person realizes the age of the victim.

2. Depraved actions are understood to mean such actions that are aimed at satisfying the sexual passion of the guilty person or the sexual passion of a person who is known to the guilty person to be under the age of 16, but is not related to the commission of sexual intercourse, sodomy, lesbianism or other acts of a sexual nature. Lewd acts can be both physical and intellectual in nature.

Depraved acts of a physical nature may consist, for example, in exposing both one's genitals in the presence of the victim and the genitals of the victim, sexual intercourse in his presence, taking obscene poses, inclining to masturbation.

Intellectual lewd acts include, for example, cynical conversations, showing pornographic images or films, and providing pornographic literature for reading.

3. The crime is completed from the moment of committing indecent acts. In the case of depraved acts developing into sexual intercourse or other non-violent acts of a sexual nature, the deed should be qualified under Art. 134 and not under Art. 135 of the Criminal Code.

4. The subjective side is characterized by direct intent.

5. The subject may be a person of any gender who has reached the age of 18 years.

6. Parts 2, 3 and 4 contain qualifying and especially qualifying signs identical to the signs provided for in Art. 134 of the Criminal Code (see commentary to this article), except that part 4 of Art. 135, in contrast to Part 4 of Art. 134 of the Criminal Code, does not include the commission of a crime by a group of persons as a particularly qualifying sign.

1. Committing depraved acts without the use of violence by a person who has reached the age of eighteen, in respect of a person who has not reached the age of sixteen, -
shall be punishable by compulsory works for a term of up to 440 hours, or by restraint of liberty for a term of up to three years, or by compulsory labor for a term of up to five years, with or without deprivation of the right to occupy certain positions or engage in certain activities for a term of up to three years, or by deprivation of liberty for up to three years with or without deprivation of the right to hold certain positions or engage in certain activities for up to ten years.

2. The same act committed in respect of a person who has reached the age of twelve but has not reached the age of fourteen, -
shall be punishable by imprisonment for a term of three to eight years, with or without deprivation of the right to occupy certain positions or engage in certain activities for a term up to fifteen years, and with or without restraint of liberty for a term up to two years.

3. The deeds provided for by paragraphs 1 or 2 of this article, if committed against two or more persons, -
shall be punishable by imprisonment for a term of five to twelve years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term up to twenty years.

4. The deeds provided for by the first, second or third parts of this Article, committed by a group of persons by prior agreement or by an organized group, -
shall be punishable by deprivation of liberty for a term of seven to fifteen years, with or without deprivation of the right to occupy certain positions or engage in certain activities for a term of up to twenty years, and with or without restraint of liberty for a term of up to two years.

5. An act provided for by paragraph 2 of this article, committed by a person who has a previous conviction for a previously committed crime against the sexual inviolability of a minor, -
shall be punishable by imprisonment for a term of ten to fifteen years, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to twenty years.

Commentary on Article 135 of the Criminal Code of the Russian Federation

1. From the objective side, the crime consists in committing depraved acts without the use of violence against a person who has not reached the age of 16 and puberty. We are talking about the commission of such actions, which, on the one hand, are aimed at satisfying the sexual lust of the guilty person, and on the other hand, can cause sexual arousal in a teenager, arouse an unhealthy sexual interest, have a corrupting effect, which negatively affects moral and physical education.

2. There are two types of indecent acts: physical and intellectual.

Physical depraved actions can be expressed in exposing the genitals of the victim, the guilty person himself, touching them, etc.

Depraved acts of an intellectual nature are aimed at forming in persons under the age of 16 the standards of immoral, obscene behavior. They are expressed in the demonstration of pornographic objects and publications, in the reproduction of audio and video recordings of a similar nature, in sexually cynical conversations, etc.

3. The crime is considered completed from the moment of committing the actions specified in the law. The consent of the victim has no legal value.

4. From the subjective side, the crime is characterized by direct intent. Federal Law No. 14-FZ of February 29, 2012 excludes the indication of known knowledge of the age of the victim. In this case, it is not necessary to know exactly the age of the victim; it is enough to bring to criminal responsibility if the perpetrator realized that the victim had not reached the age of 16 or 14, respectively.

5. The subject of a crime may be a male or female person who has reached the age of 18 years.

6. Indecent acts committed against persons under the age of 14, but who have reached the age of 12, are covered by Part 2 of Art. 135. Lewd acts against victims under 12 years of age, according to the note to Art. 131 of the Criminal Code should be qualified under paragraph "b" of Part 4 of Art. 132 (Federal Law of February 29, 2012 N 14-FZ).

1) it provides for increased criminal liability for committing indecent acts against two or more victims (part 3 of article 135);

2) the qualifying sign is excluded - the commission of a crime by a group of persons by prior agreement or by an organized group;

3) introduced increased liability for committing indecent acts by a person who has a previous conviction for a previously committed crime against the sexual integrity of a minor (Articles 131-135, 240-242.2 of the Criminal Code).

Another commentary on article 135 of the Criminal Code of the Russian Federation

1. The object of indecent acts are public relations that ensure sexual integrity. Victims are persons under the age of sixteen and puberty. The concept of puberty is disclosed in the comments to the previous article.

2. The objective side of this crime is characterized by various actions of a sexual nature, aimed at satisfying the sexual passion of the perpetrator or at arousing the sexual instinct in the victim (victim), but without sexual intercourse, lesbianism or sodomy.

3. One of the manifestations of depraved acts of a sexual nature is exhibitionism (self-disclosure), which is a sexual deviation based on demonstrating one's own genitals to strangers, often minors, in order to obtain sexual satisfaction.

4. Lecherous acts should also include touching the genitals of minors or minors, sexual intercourse in the presence of such persons. Depraved actions can also be expressed in cynical conversations with teenagers, showing them pornographic images (photos or erotic videos), etc. This should also include a hand rupture of the virgin pleura.

5. This crime is over at the time of the beginning of indecent acts.

6. The victims of this crime can be both boys and girls who have not reached the age of sixteen.

7. Indecent acts connected with violence that caused harm to the health of the victim, or with infection with a venereal disease or HIV infection, should be qualified according to the totality of crimes under Art. 135 of the Criminal Code of the Russian Federation and articles providing for liability for the listed crimes. Although in some cases such actions can be considered as violent acts of a sexual nature.

8. The subjective side of the crime in question is characterized by direct intent. At the same time, the perpetrator is aware that the victim has not reached the age of sixteen.

9. The subject of this crime may be a sane person who has reached the age of eighteen.

10. Qualifying and especially qualifying signs of the composition of this crime, specified in parts 2 - 5 of Art. 135 of the Criminal Code, fully coincide with the signs of the same name in Art. 134 of the Criminal Code of the Russian Federation and have already been commented on in detail above when analyzing the composition of this crime.

1. Committing depraved acts without the use of violence by a person who has reached the age of eighteen, in respect of a person who has not reached the age of sixteen, -

shall be punishable by compulsory works for a term of up to 440 hours, or by restraint of liberty for a term of up to three years, or by compulsory labor for a term of up to five years, with or without deprivation of the right to occupy certain positions or engage in certain activities for a term of up to three years, or by deprivation of liberty for up to three years with or without deprivation of the right to hold certain positions or engage in certain activities for up to ten years.

2. The same act committed in respect of a person who has reached the age of twelve but has not reached the age of fourteen, -

shall be punishable by imprisonment for a term of three to eight years, with or without deprivation of the right to occupy certain positions or engage in certain activities for a term up to fifteen years, and with or without restraint of liberty for a term up to two years.

3. The deeds provided for by paragraphs 1 or 2 of this article, if committed against two or more persons, -

shall be punishable by imprisonment for a term of five to twelve years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term up to twenty years.

4. The deeds provided for by the first, second or third parts of this Article, committed by a group of persons by prior agreement or by an organized group, -

shall be punishable by deprivation of liberty for a term of seven to fifteen years, with or without deprivation of the right to occupy certain positions or engage in certain activities for a term of up to twenty years, and with or without restraint of liberty for a term of up to two years.

5. An act provided for by paragraph 2 of this article, committed by a person who has a previous conviction for a previously committed crime against the sexual inviolability of a minor, -

shall be punishable by imprisonment for a term of ten to fifteen years, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to twenty years.

The provisions of Article 135 of the Criminal Code of the Russian Federation are used in the following articles:
  • Probation
    Note. For the purposes of this article, as well as articles 79, 80, 82 and 97 of the Criminal Code of the Russian Federation, crimes against the sexual integrity of minors under the age of fourteen include the crimes provided for in articles 131 - 135, 240, 241, 242.1 and 242.2 of the Criminal Code of the Russian Federation, committed in against minors under the age of fourteen.
  • Rape
    Note. The crimes provided for in paragraph "b" of part four of this article, as well as paragraph "b" of part four of Article 132 of the Criminal Code of the Russian Federation, also include acts that fall under the signs of crimes provided for in parts three - five of Article 134 and parts two - four of Article 135 of the Criminal Code RF committed against a person under the age of twelve, since such a person, due to his age, is in a helpless state, that is, he cannot understand the nature and significance of the actions committed with him.
  • Sexual intercourse and other acts of a sexual nature with a person under the age of sixteen
    2. If the difference in age between the victim (injured) and the defendant (defendant) is less than four years, the latter shall not be punished in the form of deprivation of liberty for the committed act, provided for in part one of this article or part one of article 135 of the Criminal Code of the Russian Federation.

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135 of the Criminal Code of the Russian Federation part 1 - is it possible to attract?

Hello!

Please write whether it is possible to prosecute the perpetrator of a crime under article 135 of the Criminal Code of the Russian Federation Indecent acts part 1:

1. Commitment of indecent acts without the use of violence by a person who has reached the age of eighteen against a person who has not reached the age of sixteen, which he committed in 2003?

Thanks in advance.

Lawyers Answers

Alexander(04/07/2014 at 20:06:50)

Dear Anonymous!

NOT ALREADY, BECAUSE IT EXPIRED. This crime belongs to the category of minor crimes according to Art. 15 of the Criminal Code of the Russian Federation. And the statute of limitations for bringing to criminal liability in accordance with Art. 78 of the Criminal Code of the Russian Federation for this category of crimes is two years

Pay your attention to the Criminal Code and the words I have highlighted.

Article 135 I

1. Committing depraved acts without the use of violence by a person who has reached the age of eighteen, in relation to a person who has not reached the age of sixteen,

shall be punishable by compulsory labor for a term of up to 440 hours, or by restraint of liberty for a term of up to three years, or by compulsory labor for a term of up to five years, with or without holding certain positions or engaging in certain activities for a term of up to three years, or imprisonment for up to three years with deprivation of the right to occupy certain positions or engage in certain activities for a period of up to ten years or without it.

1. Depending on the nature and degree of public danger, the acts provided for by this Code are divided into crimes of little gravity, crimes of medium gravity, grave crimes and especially grave crimes.

2. Intentional and reckless acts for the commission of which the maximum punishment provided for by this Code does not exceed three years of imprisonment are recognized as minor crimes.

3. Crimes of average gravity shall be recognized as intentional acts for which the maximum punishment provided for by this Code does not exceed five years of imprisonment, and reckless acts for which the maximum punishment provided for by this Code exceeds three years of imprisonment.

Article 78. Release from criminal liability in connection with the expiration of limitation periods

1. A person shall be released from criminal liability if the following terms have expired from the date of commission of the crime:

a) two years after the commission of a crime of minor gravity;

b) six years after the commission of a crime of average gravity;

I hope for your positive feedback.

Isaeva Elena Vladimirovna(04/07/2014 at 20:06:59)

preparing an answer

Mikhailovsky Yuri Iosifovich(04/07/2014 at 20:12:05)

Good evening! It is impossible to prosecute the perpetrator of a crime under Article 135 of the Criminal Code of the Russian Federation, Indecent Acts, Part 1, which were committed in 2003 under current law, due to the expiration of . Article 78 of the Criminal Code of the Russian Federation. Release from criminal liability in connection with the expiration of the limitation periods 1. A person shall be released from criminal liability if the following periods have expired from the date of the commission of the crime: a) two years after the commission of a crime of minor gravity; b) six years after the commission of a crime of average gravity; c) ten years after the commission of a grave crime; d) fifteen years after the commission of a particularly grave crime. 2. The statute of limitations is calculated from the day the crime was committed and until the moment the court verdict enters into legal force. If a person commits a new crime, the statute of limitations for each crime is calculated independently. 3. The limitation period shall be suspended if the person who committed the crime evades investigation or trial. In this case, the statute of limitations resumes from the moment of detention of the said person or his surrender. 4. The issue of application of limitation periods to a person who has committed a crime punishable by death or life imprisonment shall be decided by the court. If the court does not consider it possible to release the said person from criminal liability due to the expiration of the statute of limitations, then the death penalty and life imprisonment shall not be applied. Article 135 of the Criminal Code of the Russian Federation. 1. Committing depraved acts without the use of violence by a person who has reached the age of eighteen, in relation to a person who has not reached the age of sixteen, - up to five years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or with deprivation of liberty for a term of up to three years with or without deprivation of the right to occupy certain positions or engage in certain activities for a term of up to ten years.

Maytakova Tatiana(04/07/2014 at 20:32:37)

Hello. Unable to engage due to the statute of limitations.

Kirsanov Sergey Ivanovich(04/09/2014 at 00:07:00)

Hello! According to part 1 of article 9 of the Criminal Code of the Russian Federation, "The criminality and punishability of an act are determined by the criminal law in force at the time the act was committed." The Consultant-plus website contains the text of the Criminal Code of the Russian Federation dated June 13, 1996, as amended on July 7, 2003. Article 135. Indecent acts, reads:

Committing depraved acts without the use of violence against a person who is known to be under the age of fourteen, -

shall be punishable by a fine in the amount of from three hundred to five hundred times the minimum wage, or in the amount of or any other income of the convicted person for a period of three to five months, or by restraint of liberty for a term of up to two years, or by deprivation of liberty for a term of up to three years. .ru/document/cons_doc_LAW_43266/?frame=17#p1218

ConsultantPlus, 1992-2014

Thus, since the entry into force of the version of the law of July 7, 2003, Article 135 had only one part and covered cases of indecent acts only with the participation of the victim, who was obviously under 14 years of age. The previous edition from 1996 is the same. Therefore, if the incident occurred before December 2003 and the victim was over 14 years old there was no such composition at all in the actions of the perpetrator. The next edition of Article 135 with one composition and establishing the age of the victim at 16 years old was issued on 08.12.2003 No. 162-FZ.

As for the statute of limitations for criminal liability, if we assume that a crime with a similar composition was nevertheless committed then, the victim turned to the investigating authorities and a criminal case was initiated, it should be remembered that in accordance with Part 3 of Article 78 in connection with the evasion of the guilty person from the investigation and trial, the limitation period is suspended for an indefinite time and is resumed only from the moment the guilty person is detained or he surrenders. If the victim did not apply to law enforcement agencies, then the crime most likely belongs to the category of latent (hidden) and with the expiration of the statute of limitations (for example, the same two years), bringing the perpetrator to justice is no longer possible.

1. Committing depraved acts without the use of violence by a person who has reached the age of eighteen, in respect of a person who has not reached the age of sixteen, -

shall be punishable by compulsory works for a term of up to 440 hours, or by restraint of liberty for a term of up to three years, or by compulsory labor for a term of up to five years, with or without deprivation of the right to occupy certain positions or engage in certain activities for a term of up to three years, or by deprivation of liberty for up to three years with or without deprivation of the right to hold certain positions or engage in certain activities for up to ten years.

2. The same act committed in respect of a person who has reached the age of twelve but has not reached the age of fourteen, -

shall be punishable by imprisonment for a term of three to eight years, with or without deprivation of the right to occupy certain positions or engage in certain activities for a term up to fifteen years, and with or without restraint of liberty for a term up to two years.

3. The deeds provided for by paragraphs 1 or 2 of this article, if committed against two or more persons, -

shall be punishable by imprisonment for a term of five to twelve years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term up to twenty years.

4. The deeds provided for by the first, second or third parts of this Article, committed by a group of persons by prior agreement or by an organized group, -

shall be punishable by deprivation of liberty for a term of seven to fifteen years, with or without deprivation of the right to occupy certain positions or engage in certain activities for a term of up to twenty years, and with or without restraint of liberty for a term of up to two years.

5. An act provided for by paragraph 2 of this article, committed by a person who has a previous conviction for a previously committed crime against the sexual inviolability of a minor, -

shall be punishable by imprisonment for a term of ten to fifteen years, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to twenty years.

Commentary on Art. 135 of the Criminal Code of the Russian Federation

The object of the crime is sexual inviolability, the normal physical and moral formation of a minor. Victims of this crime can be female and male persons who, at the time of sexual contact with adults (adults), are under the age of sixteen. For the presence of corpus delicti, it does not matter the degree of sexual maturity of the victim (victim), the presence or absence of her (him) sexual experience. Also, the voluntary consent of the victim (victim) to commit indecent acts does not matter.

The objective side of the crime is the commission of various acts of a sexual nature, aimed at satisfying the sexual passion of the perpetrator or awakening the sexual desire (passion) of the victim. These actions, in their content and form of expression, have the ability to have a corrupting effect on the persons against whom they are committed. Depraved actions can be expressed in cynical conversations on sexual topics in the presence of children, adolescents, and demonstrations of pornographic products. Such actions also include physical obscene touching of teenagers, demonstration by the guilty of their genitals or exposure of the victims at his suggestion, etc.

The commission of sexual intercourse, sodomy or lesbianism without the use of violence with a person under the age of sixteen years, entails liability under Art. 134 of the Criminal Code of the Russian Federation. Violent influence on a person under the age of sixteen, with the aim of using him to commit sexual acts, depending on the specific circumstances, is qualified under Art. Art. 131, 132 or 133 of the Criminal Code of the Russian Federation.

The crime specified in Art. 135 of the Criminal Code, is considered completed from the moment of any of the actions named in it. The elements of the crime are formal.

From the subjective side, depraved acts are committed only with direct intent. The guilty person is aware that he is committing depraved acts against a person under the age of sixteen, and wishes to commit them. As before, in relation to the corpus delicti under Art. 134 of the Criminal Code of the Russian Federation, an indication in the law that the victim was not under the age of sixteen means that the guilty person knew for sure about his age.

The subject of the crime is special - a physical sane person who has reached the age of eighteen.

Judicial practice under Article 135 of the Criminal Code of the Russian Federation

Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated May 18, 2017 N 20-APU17-5

Interrogated additionally on September 29, 2015 as an accused Gamzatov R.M. pleaded guilty to committing in 2006 indecent acts against the daughter of his wife from his first marriage, G., who had not reached the age of sixteen by that time, i.e. in the commission of the crime imputed to him, under Part. 1 Article. of the Criminal Code of the Russian Federation, and confirmed his testimony given above. Then, in the presence of the defender Dzhakhbarova Yew.A. agreed to terminate the criminal case initiated at the request of the victim due to the expiration of the statute of limitations for bringing to criminal responsibility.


Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation of June 8, 2017 N 85-APU17-1

Grounds for a different legal assessment of the actions of the convict, exclusion of conviction under Art. , Part 2 Art. The Criminal Code of the Russian Federation is not available.

The criminal case was investigated by the preliminary investigation bodies, and the court considered it comprehensively and objectively, in accordance with the requirements of the criminal procedure legislation, in compliance with the principle of competitiveness and equality of the parties.


Determination of the Constitutional Court of the Russian Federation of March 27, 2018 N 836-O

ARTICLE OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION,

COUNCIL OF EUROPE CONVENTION FOR THE PROTECTION OF CHILDREN FROM SEXUAL

EXPLOITATION AND SEXUAL ABUSE, ORDER

OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION "ON JUDICIAL

PRACTICE IN CASES OF CRIMES AGAINST SEX


Determination of the Constitutional Court of the Russian Federation of July 17, 2018 N 1995-O

OF THE SECOND ARTICLE OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION

The Constitutional Court of the Russian Federation composed of Chairman V.D. Zorkin, judges K.V. Aranovsky, A.I. Boytsova, N.S. Bondar, G.A. Gadzhieva, Yu.M. Danilova, L.M. Zharkova, S.M. Kazantseva, S.D. Knyazev, A.N. Kokotova, L.O. Krasavchikova, S.P. Mavrina, N.V. Melnikova, Yu.D. Rudkina, O.S. Khokhryakova, V.G. Yaroslavtsev,


Determination of the Constitutional Court of the Russian Federation of February 28, 2019 N 547-O

ARTICLES OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION

The Constitutional Court of the Russian Federation composed of Chairman V.D. Zorkin, judges A.I. Boytsova, G.A. Gadzhieva, Yu.M. Danilova, L.M. Zharkova, S.M. Kazantseva, S.D. Knyazev, A.N. Kokotova, L.O. Krasavchikova, S.P. Mavrina, N.V. Melnikova, Yu.D. Rudkina, O.S. Khokhryakova, V.G. Yaroslavtsev,


Determination of the Constitutional Court of the Russian Federation of February 28, 2019 N 536-O

1. By a court verdict, citizen M.P. Yepik was convicted of committing crimes under paragraph "b" of part four of Article 132 (as amended) and part three of Article (as amended by Federal Law No. 377-FZ of December 27, 2009) of the Criminal Code of the Russian Federation.


Determination of the Constitutional Court of the Russian Federation of April 25, 2019 N 1173-O

To the complaint of V.A. Kireev, attached is the decision of the judge on the extension of his detention and the protocol of the court session, following which this decision was made. These documents are not evidence of the application of part three of Article of the Criminal Code of the Russian Federation in the case of the applicant, whose consideration was completed in court and resulted in the imposition of a criminal sentence on him, and therefore his complaint cannot be recognized as admissible due to the requirements of the Federal Constitutional Law "On the Constitutional Court of the Russian Federation" .


Determination of the Constitutional Court of the Russian Federation of April 25, 2019 N 1174-O

2.1. Article of the Criminal Code of the Russian Federation (establishing in part one responsibility for the commission of indecent acts without the use of violence by a person who has reached the age of eighteen in relation to a person under the age of sixteen, and providing for increased responsibility in part three for the same acts committed in relation to two or more persons) is aimed at protecting the child from all forms of sexual abuse, at protecting the sexual integrity of persons under the established age, and cannot be regarded as containing uncertainty, as a result of which the person would be deprived of the opportunity to realize the unlawfulness of his actions and foresee the onset of responsibility for their commission (decisions of the Constitutional Court of the Russian Federation of July 17, 2012 N 1468-O, of May 21, 2015 N 1134-O, of July 18, 2017 N 1549-O and of July 17, 2018 N 1995-O).


Appeal ruling of the Judicial Collegium for Administrative Cases of the Supreme Court of the Russian Federation dated August 14, 2019 N 48-APA19-12

by the decision of the Qualification Board of Judges of the Chelyabinsk Region of April 4, 2018, left unchanged by the decision of the High Qualification Board of Judges of the Russian Federation of November 28, 2018, consent was given to initiate a criminal case against the retired federal judge of the Korkinsky City Court of the Chelyabinsk Region Yugov Sergey Vitalievich signs of three crimes: a crime under Article of the Criminal Code of the Russian Federation (as amended by Federal Laws of December 8, 2003 N 162-FZ, of July 21, 2004 N 73-FZ), a crime under Part 1 of Article of the Criminal Code of the Russian Federation (in as amended by Federal Law No. 14-FZ of February 29, 2012), as well as the crime provided for by Part 1 of Article of the Criminal Code of the Russian Federation (as amended by Federal Law No. 162-FZ of December 8, 2003).


Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated November 28, 2018 N 56-APU18-20

Narzakulov Isomiddin Mahmudzhonovich, ... convicted by the verdict of 11/17/2011 under paragraphs "b", "h" part 2 of Art. (human trafficking) of the Criminal Code of the Republic of Uzbekistan to 5 years in prison, on 07/20/2015, released on parole from serving a sentence for a period of 2 years 1 month 21 days, -


Determination of the Constitutional Court of the Russian Federation of June 27, 2017 N 1408-O

ARTICLES AND ARTICLES OF THE RUSSIAN CRIMINAL CODE

OF THE FEDERATION AS WELL AS PROVISIONS OF FEDERAL LAW

"ON INTRODUCING AMENDMENTS TO THE CRIMINAL CODE OF THE RUSSIAN

OF THE FEDERATION AND CERTAIN LEGISLATIVE ACTS OF THE RUSSIAN


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