Commentary on Article 133. Criminal Code on the composition of a crime and punishment for harassment. Does Article 133 of the Criminal Code of the Russian Federation imply the very fact of sexual intercourse

1. Coercion of a person to sexual intercourse, sodomy, lesbianism or other acts of a sexual nature by means of blackmail, threat of destruction, damage or seizure of property, or with the use of material or other dependence of the victim (victim) -

is punished with a fine of up to one hundred and twenty thousand rubles or in the amount of wages or any other income of the convicted person for a period of up to one year, either by compulsory labor for a period of up to four hundred and eighty hours, or correctional labor for a period of up to two years, or forced labor for a period of up to one year, or imprisonment for the same period.

2. The same act committed against a minor (minor) -

shall be punishable by forced labor for a term of 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 by deprivation of liberty for a term of up to five years, with the deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or without one.

Comments on Article 133 of the Criminal Code of the Russian Federation

The main object of this crime is sexual freedom of the individual. An additional object can be the honor and dignity of a person, property relations. Victims can be both female and male.

The objective side of the crime is expressed in compulsion to sexual intercourse, sodomy, lesbianism or other acts of a sexual nature by means of blackmail, threat of destruction, damage or seizure of property, or using the material or other dependence of the victims.

Coercion should be understood as a mental impact on the victim (victim) in order to force her (him) to have sexual contacts with the guilty person against his will. Mental impact in the form of a threat of violence against victims is not covered by the considered corpus delicti and is subject to qualification under Art. Art. 131 or 132 of the Criminal Code of the Russian Federation. Coercion can be done in any form: oral, written, using means of communication, etc. It can be committed directly in relation to the victim (victim) or brought to their attention through third parties.

Coercion can be expressed both in the actions and in the passive behavior of the perpetrator. It may consist in placing the victim in such conditions under which she is forced to enter into sexual contact in order to prevent harm to her legitimate interests. This is especially true in cases of compulsion using material or other dependence.

Blackmail as a way of committing this crime means the threat of disclosing information that compromises the victim, or information that she would like to hide, for example, information about real or fictitious diseases of a venereal, oncological and other nature.

Disclosure is the transmission of valid or false information to at least one third party.

Compromising actions are considered to characterize the victim negatively from the point of view of morality and law.

The threat of destruction, damage or seizure of property is a mental impact. The threat can concern all or part of the property. The loss of it should significantly affect the material interests of the victims in order to act as a serious motivating factor in deciding the issue of unwanted sexual contact for them.

Bringing any of these threats into action is subject to self-qualification under articles on crimes against property in conjunction with Art. 133 of the Criminal Code of the Russian Federation.

Material dependence is possible when the victim is dependent on the guilty person (in full or in part), receives subsidies from him, and this source is the victim's main income.

Other dependence presupposes all other types of dependence that do not fall under the considered concept, for example, dependence at work or at work (dependence of a subordinate on a boss, a student on a teacher, etc.).

The crime is considered completed from the moment of execution of the actions themselves under compulsion by any of those named in Art. 133 of the Criminal Code of the Russian Federation ways. The crime is formal. For the completed corpus delicti, it does not matter whether the culprit has achieved his goal or not.

The subjective side is characterized by direct intent. The perpetrator realizes that by blackmailing or using the service, material and other dependence of the victim on him, he is seeking his consent to commit acts of a sexual nature, and wants this.

The subject of the crime is common. They are both male and female persons who have reached the age of sixteen.

A qualified type of crime is the commission of compulsion to acts of a sexual nature in relation to a minor (minor).

Legal advice:

1. I want to write an application for ex-husband according to articles 163 of the Criminal Code of the Russian Federation, 128.1 of the Criminal Code of the Russian Federation, 133 of the Criminal Code of the Russian Federation and 137 of the Criminal Code of the Russian Federation, how to draw it up correctly?

1.1. The application is written in free form!

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1.2. The crimes you mentioned are cases of public prosecution.
You can prepare a statement in free form and submit it to the police department at the scene of the crime.
They must accept the application, take away the explanation from you and, within 10 days from the date of the application, make a decision: to initiate a criminal case or refuse to initiate.
In any case, you are obliged to hand over an appropriate resolution, which you have the right to appeal.

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2. Is Article 161 Part 3 applicable to Article 133 Part 2 of the Criminal Code of the Russian Federation?

2.1. yes, this article is applicable.

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3. Does Article 133 of the Criminal Code of the Russian Federation imply the very fact of sexual intercourse?

3.1. HOPE.
The main direct object of the crime is sexual freedom and sexual inviolability under Article 133 of the Criminal Code of the Russian Federation.
The objective side is characterized by an act in the form of an action - forcing a person to have sexual intercourse, sodomy, lesbianism or other acts of a sexual nature. Coercion is a mental impact on a victim in order to obtain his consent to commit acts of a sexual nature. Coercion methods:
1) blackmail - the threat of spreading information compromising the victim or his relatives, in the disclosure of which he is not interested;
2) threat of destruction, damage or seizure of property. Moreover, the threat must be real, its implementation must be capable of causing significant damage to the victim;
3) with the use of material or other dependence of the victim (victim) - a state of dependence used by the perpetrator to commit sexual intercourse, sodomy, lesbianism or other acts of a sexual nature.
The subjective side is direct intent. The subject of the crime is sane individual who has reached the age of 16.

Best regards, lawyer Igoshin D.N.

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4. Please explain the situation.

An 18th girl from Russia communicates on the Internet with a 17th guy from Kyrgyzstan. There is love correspondence.

Judging by article 135 of the Criminal Code of the Russian Federation, the girl is not in danger of debauchery, since the guy is over 16 years old.

But in the Criminal Code of Kyrgyzstan, there are 133 articles, where it is clearly written: "... under the age of eighteen."

Please tell me, what are the risks for the girl?

4.1. There are no risks.

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5. Can there be a mitigating circumstance under Article 133 of the Criminal Code of the Russian Federation if you have not been previously convicted? And the victim does not want me to be judged to the fullest extent.

5.1. Mitigating will be bringing to responsibility for the first time, the absence of claims from the victim.

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6. I want to bewitch a guy. Does it fall under Art. 133 of the Criminal Code of the Russian Federation? Thanks in advance for your reply!

6.1. Novel!

No, it does not fall under 133 or any other. But Art. 361-363 of the Criminal Code of the Russian Federation provide for responsibility, but for witchcraft.

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7. Rehabilitation after a criminal case.
Good afternoon. For the employer, you need to fill out the criminal prosecution column. What to fill out if I was involved, but the case was closed for lack of corpus delicti under Article 159. Part 2 and was given the right to rehabilitation under Part 1 P 2 of Article 133 of the Code of Criminal Procedure. Am I considered to be criminally liable?

7.1. No, you were not involved, since the criminal case was terminated on exonerating grounds - terminated for lack of corpus delicti, that is, you did not commit any crime
This fact is not reflected in the criminal record certificate and in the databases.

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7.2. In your case, you can write that you were not involved, since the case was closed on exonerating grounds, so you did not have the fact of involvement.

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8. Can a lawyer defending in a criminal proceeding then be a witness in a case (on the basis of Article 133 of the Code of Criminal Procedure) on compensation for an unlawfully convicted person for moral damage?

8.1. No, he can not. This would be a violation of advocate ethics and a violation of the principles of advocate secrecy. You cannot combine several roles at the same time in the process.

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8.2. You don't need a lawyer as a witness. The very fact of the illegality of attracting must therefore be confirmed. The right to rehabilitation should be recognized for you, and the amount of moral damage will depend not on the testimony, but on the justification of your moral sufferings and experiences.

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8.3. No, he can not. In this case, such evidence does not prove such harm. The grounds are different - the very unlawful conviction, and the moral harm its size is substantiated from the specifics.

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9. Will they be judged according to Article 133 of the Russian Federation without the victim's statement and if she signed a paper that she has no claims? She was taken to the hospital, she may remain disabled of the 3rd group, doctors told the police. The young man was placed in a pre-trial detention center!

9.1. Article 133. Compulsion to acts of a sexual nature

[Criminal Code of the Russian Federation] [Chapter 18] [Article 133]
UNDEFINITELY will be, if they prove his guilt.

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9.2. They will be judged even in the absence of claims from the victim. But whether or not it is possible to terminate the case for reconciliation of the parties depends on many details of the case. Consult a lawyer in person.

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10. Can the court consider the case under Part 2 of Art. 133 of the Criminal Code of the Russian Federation without the participation of a minor (11 years old) due to severe psychological trauma of a child? Is it possible to pick up the application for the same reason to the legal representative?

10.1. Of course, the application cannot be taken away. In our country, there is no such thing. But without a child, the case can be considered. Explain the reason in court and ask to read the child's testimony

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11. Is the retraining of Art. 115 of the Criminal Code of the Russian Federation on Article 116 of the Criminal Code of the Russian Federation by the complete or partial cancellation of a court verdict that has entered into full force (in accordance with article 133, part 2, paragraph 4 of the Criminal Procedure Code of the Russian Federation)?

11.1. No, it's not.

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12. Is coercion with the use of official position to show a woman's breasts a violation of Art. 133 cc rf?

12.1. The requirement to show the breasts can be attributed to the compulsion to commit other acts of a sexual nature (part 1 of article 133 of the Criminal Code of the Russian Federation).

At the same time, this article indicates the presence of material or other dependence of the victim (victim), which includes, among other things, service relationships at the level of subordination.

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13. Article 133 of the Code of Criminal Procedure establishes that in the decision the investigator recognizes the right to rehabilitation. By his decision, the investigator terminates the criminal case on the basis of Article 24 of the Code of Criminal Procedure (there is no composition), but there is not a word about rehabilitation in the decision. Is it an investigator's duty or right to recognize the right to rehabilitation?

13.1. Duty

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13.2. Apply

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Consultation on your question

calls from landlines and mobiles are free throughout Russia

14. Is there evidence of sexual harassment under Article 133 of the Criminal Code of the Russian Federation a hotel account withdrawn during a business trip for two employees and a director?

14.1. Yes, it can be such evidence

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15. I'll go straight to the heart of the matter - in 2008, I was charged under Article 30, Part 3, Article 228.1, Part 3, Clause of the Criminal Code of the Russian Federation, I was in custody for 4 years and 1 month. in June 2012, when the verdict was announced, the article was re-qualified to article 33 part 5, article 30 part 3, article 228 part 1 of the Criminal Code of the Russian Federation in connection with the refusal of the state prosecution, I was released from criminal liability upon expiration of the statute of limitations. Tell me, maybe there were any changes in the Criminal Procedure Code in Article 133? And can I count on rehabilitation?

15.1. Need to look at the documents ... contact your local lawyer.

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16. The accused under part 1 of article 116 of the Criminal Code of the Russian Federation was amnestied at the request of the accused. The proceedings were terminated. In accordance with paragraph 4 of Article 133 of the Code of Criminal Procedure of the Russian Federation, amnestied does not mean rehabilitated. In what form and where to write an application for reimbursement of procedural costs and monetary compensation for moral damage. The recovery of non-pecuniary damage was indicated in the private prosecution, but the court did not allow it.

16.1. Amnestied is not a rehabilitation. This is an act of pardon by the state against selected categories crimes or categories of persons - convicts, held criminally liable. Only an acquittal or termination of a criminal case due to the absence of corpus delicti. Or you wrote something wrong!

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17. By a court decision, I was recognized as having the right to rehabilitation under 133 of the Code of Criminal Procedure of the Russian Federation. How to correctly draw up compensation for harm?

17.1. To do this, seek legal assistance from a lawyer, at least to draw up an appropriate application.

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18. I have such a question. I was convicted of two crimes under article 228.1 part 1 of U K R F. For a period of 8 years 10 months, the presidium of the regional court canceled one episode, and left 5 years 6 months. According to Article 134,133 of the Criminal Procedure Code. recognized the right to rehabilitation and compensation for harm, so where can I write about this, and what am I entitled to for this, and what kind of notice I should be sent, or where it can be ordered.

18.1. The rehabilitation procedure is provided for by Ch. 18 of the Criminal Procedure Code of the Russian Federation

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18.2. there is no notice as such. You will have a ruling from the regional court.
And then it is necessary to submit an application for reimbursement of amounts in the order of rehabilitation.

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19. The situation is this: At the trial, one article was acquitted, and another was convicted. Does the convicted person have the right to rehabilitation under Article 133,134 of the Code of Criminal Procedure of the Russian Federation?

19.1. In accordance with paragraphs. 34, 35, 55 art. 5 of the Code of Criminal Procedure of the Russian Federation, rehabilitation is the procedure for restoring the rights and freedoms of a person who has been unlawfully or unreasonably subjected to criminal prosecution, and compensation for harm caused to him;
Parts 2 and 3 of Art. 133 of the aforementioned Code, it is established that the right to rehabilitation, including compensation for harm, have persons who have been acquitted in criminal cases or criminal prosecution in respect of which it was terminated due to the refusal of the public prosecutor to prosecute, due to the absence of a crime event, absence of corpus delicti, due to the person's non-involvement in the commission of a crime and on some other grounds

Because You were nevertheless convicted, then you do not have the right to rehabilitation.

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20. Has filed an application under Article 158 Part 2, paragraphs a and b. The suspects sent threats to VK, calls and visits home with threats. A counterclaim was filed for fraud against my civil husband devoid of meaning. There is constant pressure that I took the application and they will take theirs. Can their actions be regarded as pressure on the victim to comment on Article 133 of the Criminal Code of the Russian Federation? And how to issue this with the police?

20.1. 133 cc is a compulsion to actions of a sexual nature :-) it is impossible to withdraw the application, this is not provided for by the legislation! fraud is very difficult to prove! write a statement to the prosecutor's office that the suspects (accused) in such a criminal case indicate the number in whose proceedings the name of the investigator and their name put pressure to provide notarized correspondence, dictaphone records, videos, witnesses and the measure of restraint will be changed to arrest.

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21. He was convicted under Article 116 Part 1 of the Criminal Procedure Code of the Russian Federation, the Supreme Plenum overturned the decisions of judges of several instances with the application of Article 24 Part 1 paragraph 2 of the Code of Criminal Procedure of the Russian Federation, the right to rehabilitation was recognized on the basis of Article 133 Part 2 Paragraph 4 of the Code of Criminal Procedure of the Russian Federation. The victim was an individual in this case. Was forced to change jobs. Question: how and from whom can I compensate material damage and moral damage? Thanks.

21.1. In this case, the applicant in a criminal case must compensate for the property and moral damage.
It is necessary to write an application to the court for compensation for moral and property damage from the applicant in a criminal case.

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21.2. Since the inflictor of harm in this case is a private prosecutor who brought up an unfounded accusation, you can file a claim against him in court for compensation for moral damage and recovery of legal costs.

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22. My son was in the company when a fight broke out, as a result of which the victim had craniotomy. The son was taken into custody, on suspicion of involvement (since he has a criminal record under Article 133 of the Criminal Code of the Russian Federation). Witnesses testify that they did not see the son hitting and hitting the victim. The son also denies any involvement. The instigator of the fight is also in the pre-trial detention center, and gives testimony confirming the story of his son. What are the chances of proving innocence. The son insists on a polygraph.

22.1. online consultation is good, but you need to get acquainted with the case materials, so hire a lawyer and you have a chance. Good luck.

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22.2. There are chances, but you need to study the case materials

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23. Was the conviction in 2013 removed from a person convicted in August 2010 at the age of 17 under Article 133 of the Criminal Code of the Russian Federation to one year of imprisonment (served in a pre-trial detention center, during the investigation from 2009 to 2010)?

23.1. Oksana, the criminal record has been canceled.

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24. What needs to be done to prove guilt under Article 133 of the Criminal Code of the Russian Federation? Threat audio? Written threats? Witnesses? If possible, then in more detail. And how can this guilt be refuted in court?
Will the punishment be more severe if the culprit succeeds in achieving his goal?

24.1. Evidence can be any type of evidence collected in accordance with the rules of the Criminal Procedure Code. If this is an audio recording, then it is necessary to conduct an examination of the voice, written threats in the presence of an examination, or other evidence that will establish that the threat came from the accused, testimony can also be evidence. The investigator must prove in accordance with the norms of the Code of Criminal Procedure of the Russian Federation. It is also possible to refute in compliance with the norms of the Code of Criminal Procedure of the Russian Federation, incl. providing evidence that there was no coercion.
I would like to note that under Art. 133 of the Criminal Code of the Russian Federation, it is enough to explicitly express a threat. From this moment on, the crime is over.

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25. What to do if my rights are violated under Articles 130, 133 of the Criminal Code of the Russian Federation, and if the police in my city do not work in these areas.

25.1. that is, it does not work in these areas ??? In a priori, if a crime has been committed against you, including under the articles indicated by you (Articles 130, 133 of the Criminal Code of the Russian Federation), the victims go to the police! If the police are not working, go to the prosecutor's office, to the court !!!
Of course, everything comes from specific circumstances!

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25.2. There is an option, how to help you, please contact ...

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26. Received a criminal record. Its absence and the fact of bringing to criminal responsibility in 2001 under article 133 part 1 and terminated under article 9 of the Code of Criminal Procedure of the Russian Federation are indicated. Although I have in my hands a certificate from the city court that the case under this article was not considered against me. The city Ministry of Internal Affairs does not have any information on this fact. Is the certificate issued to me correct, and where does the information from the regional information center come from? What to do? Thanks in advance for your reply.

26.1. Information to the IC could have been submitted to the GUVD, whose person was in the proceedings of the criminal case. At the end of the investigation, the investigator issues a special card and sends it to the IC.

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27. Why does a person accused of libel and acquitted on the basis of delusion, lack of awareness of public danger, receive the right to compensation for moral damage for criminal prosecution by the victim from the dissemination of false and defamatory information?
The court applied to the victim by way of civil proceedings Art. 133, 135, 136 of the Code of Criminal Procedure of the Russian Federation, as if it were the state that acquitted the defendant and collected 20,000 rubles.

27.1. You tried to write shortly, but it is not very easy to understand what you wrote. Or repeat your question, but describe in more detail. You just read what you have written yourself and you will not understand what is at stake. And it is very difficult for an outsider to understand you.
Sorry.
[email protected]

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28. I was charged under Article 116 Part 1 of the Criminal Code of the Russian Federation. The case was terminated due to the absence of corpus delicti in my actions on the grounds provided for in paragraph 2 of Part 1 of Art. 24 of the Code of Criminal Procedure of the Russian Federation, i.e., upon the plaintiff's failure to appear. Am I eligible for rehabilitation (chapter 18, article 133, part 2, paragraph 3)? Is this a criminal offense?

28.1. Elena, because. you were not accused by the state but by a private person, then in the literal sense of the law you were not subjected to criminal prosecution .. But you can bring a civil claim to the applicant for compensation for mental harm and material damage. Respectfully, Victor

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29. I was presented with article 133 of the Criminal Code of the Russian Federation, compulsion to sexual acts. I slapped the young man twice to calm his crying, I kissed him on the head. The prosecutor's office regards this as sexual coercion. How can I prove that I didn't want anything from him. Maybe there are any specialists who can make an expert opinion on me for the court?

29.1. Paul! The question arises: why did you slap the victim twice in the face? If on the basis of personal hostile relations, then this is beatings (Art. 116 of the Criminal Code), if for no reason, then this is hooliganism (Art. 213 of the Criminal Code). By itself, one kiss does not indicate sexual urge. Violent acts of a sexual nature are mainly prosecuted under the criminal law. If you have been charged, send me a copy of this order.

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30. Decision on a criminal case Information on the case
№

P R I G O V O R

In the name Russian Federation Kurgan DD.MM.YYYY

Kurgan City Court of the Kurgan Region consisting of: presiding judge E.P. Kolegova, with the participation of the public prosecutor - senior prosecutor of the Kurgan Prosecutor's Office V.E. Popov, victim - full name 3, defendant E.F. Golodnyuk, defender - lawyer Ivanov A.Yu., with the secretary N.Yu. Polozova, having examined in an open court session in a special procedure the criminal case against

Golodnyuk Evgeny Filippovich, born DD.MM.YYYY, an unconvicted person accused of committing crimes under Part 1 of Art. 158, part 1 of Art. 166 of the Criminal Code of the Russian Federation,

U S T A N O V I L:

Golodnyuk E.F. DD.MM.YYYY in the period from 6 hours 00 minutes to 7 hours 00 minutes, the exact time has not been established, being in the car VAZ No. belonging to an unfamiliar to him FULL NAME 3, parked near in, decided to unlawfully take possession of the above car without the purpose of theft. In pursuit of his criminal intent, Golodnyuk immediately moved from the front passenger seat to the driver's seat, having control skills vehicle, realizing the unlawfulness of taking possession of someone else's vehicle without the purpose of theft, knowing for certain that the specified car does not belong to him, and he does not have the right to drive it, with the help of the ignition key he has, he started the car engine and setting the car in motion, left with the place of his parking and disappeared from the scene of the crime.

Golodnyuk in the period from 6 hours 00 minutes to 7 hours 00 minutes DD.MM.YYYY, the exact time has not been established, after the hijacking, being in a car VAZ No. belonging to an unfamiliar FULL NAME 3, parked near in, decided to commit secret theft of other people's property. In the implementation of his criminal intent, Golodnyuk, in the period from 6:00 a.m. to 7:00 a.m. DD.MM.YYYY, realizing that no one is watching his criminal actions, acting deliberately, with a mercenary purpose, secretly stole a cell phone belonging to his full name telephone "" worth 1758 rubles with a memory card "Micro CD" worth 133 rubles. After that, Golodnyuk, with the aim of bringing his criminal intent to the end from the scene of the crime with secretly stolen property, fled, causing his full name 3 material damage to the total amount of 1891 rubles.

In the preparatory part of the court session, the defendant Golodnyuk filed a motion for a verdict without a trial, in connection with his agreement with the charge brought against him.

The defense lawyer supported the defendant's petition. The state prosecutor and the victim agreed to consider the criminal case in a special order.

The court found that the accusation, with which the defendant Golodnyuk agreed, is well-founded and is confirmed by the evidence collected in the criminal case, and the petition for a judgment in the special proceedings of the defendant was made voluntarily and after consultation with the defense lawyer, the defendant is aware of the nature and consequences of the petition, with which, the court comes to the conclusion that it is necessary to satisfy the defendant's petition and pass the verdict without holding a trial in a general manner.

The fact that Golodnyuk did not make this petition when familiarizing himself with the materials of the criminal case, the court does not regard as an obstacle to the consideration of the criminal case in a special manner, since this does not violate the legal rights and interests of the participants in the criminal proceedings. The reasons given by the defendant, on which he considered it necessary to express his opinion on the form of the proceedings directly in the court session, the court finds convincing and does not see any grounds for limiting the defendant's right to consider the criminal case in a special proceeding.

In addition, the court excludes from the scope of the charge against Golodnyuk that he committed theft of a SIM card, since according to the description of the criminal act set forth in the charge, the said thing does not represent any material value for the victim, and therefore cannot be the subject of theft as not having a use value for the owner.

The changes made to the scope of the accusation do not require examination of the evidence in the case, therefore, they do not hinder the consideration of the case in a special procedure.

The court qualifies the actions of the defendant Golodnyuk:

On the fact of the theft of the victim's car - under Part 1 of Art. 166 of the Criminal Code of the Russian Federation - unlawful seizure of a car without the purpose of theft (hijacking);

On the fact of the theft of the victim's property - under Part 1 of Art. 158 of the Criminal Code of the Russian Federation - theft, that is, secret theft of someone else's property.

When sentencing Golodnyuk, the court takes into account the nature and degree of public danger of the crimes committed by him, the circumstances of their commission, the personality of the defendant, which is characterized satisfactorily, is not registered with a narcologist and psychiatrist, admitted guilt, as well as the impact of the imposed punishment on the correction of the defendant and living conditions his family.

The court recognizes the mitigating circumstances of the punishment, guided by the provisions of Part. 1 and 2 tbsp. 61 of the Criminal Code of the Russian Federation, Golodnyuk's confession, the presence of dependent children, admission of guilt.

There are no circumstances aggravating the punishment of the defendant.

The court finds no grounds for applying the provisions of Art. 64 of the Criminal Code of the Russian Federation when imposing a punishment on the defendant, since the circumstances recognized as mitigating his punishment, according to the court, do not significantly reduce the degree of public danger of the crimes committed by Golodnyuk, and therefore, both individually and in aggregate, are not exceptional.

At the same time, taking into account the circumstances of the case, the nature and degree of public danger of the acts committed by Golodnyuk and the data on his personality, the court finds no grounds for changing the category of the crime under Part 1 of Art. 166 of the Criminal Code of the Russian Federation in accordance with Part 6 of Art. 15 of the Criminal Code of the Russian Federation for less serious.

When deciding on the type of punishment and its amount, the court takes into account the presence of mitigating circumstances, and the absence of aggravating circumstances, information about the personality of the defendant, who is characterized satisfactorily, considers it necessary to impose a punishment on Golodnyuk in the form of restraint of freedom, since, according to the court, this type punishment will be able to ensure the achievement of his goals, meet the requirements of justice and correspond to the nature and degree of public danger of the crimes committed by the defendant, the circumstances of their commission.

Considering that the criminal case was considered by the court in a special order, the defendant Golodnyuk, in accordance with Part 10 of Art. 316 of the Code of Criminal Procedure of the Russian Federation is exempted from reimbursement of procedural costs in the form of expenses for the salary of a lawyer.

Based on the foregoing and guided by Articles 307-309, 316 of the Code of Criminal Procedure of the Russian Federation, the court

P R AND G O V O R AND L:

Recognize Evgeny Filippovich Golodnyuk guilty of committing crimes under Part 1 of Art. 158 of the Criminal Code of the Russian Federation and Part 1 of Art. 166 of the Criminal Code of the Russian Federation, and impose a punishment on him: under Part 1 of Art. 158 of the Criminal Code of the Russian Federation in the form of restriction of freedom for a period of 8 (eight) months, with the establishment of E.F. during the specified period of serving the sentence of restrictions: - not to leave the apartment (house) at the place of residence during the period from 22:00 of the current day to 6:00 of the next day, if this is not related to work; - not to change your place of residence and place work without the consent of a specialized state body supervising the serving of prisoners of punishment in the form of restraint of freedom; - not to visit places of entertainment (cafes, bars, restaurants, clubs); - not to visit places of mass events and not to participate in these events; - not to travel outside the territory of the municipality at the place of residence.

Under Part 1 of Art. 166 of the Criminal Code of the Russian Federation in the form of restriction of freedom for a period of 1 (one) year, with the establishment of E.F. during the specified period of serving the sentence, restrictions: -not leave the apartment (house) at the place of residence between 22:00 hours of the current day and 6:00 hours of the next day, if this is not related to work; -do not change your place of residence and place work without the consent of a specialized state body supervising the serving of prisoners of punishment in the form of restraint of freedom; - not to visit places of entertainment (cafes, bars, restaurants, clubs); - not to visit places of mass events and not to participate in these events; - not to travel outside the territory of the municipality at the place of residence.

To charge E.F. Golodnyuk. during the period of serving the sentence, the obligation to appear monthly at a specialized government agency supervising the serving of the sentence in the form of restraint of freedom by convicts, once a month for registration on the days determined by the specified body.

Based on Part 2 of Art. 69 of the Criminal Code of the Russian Federation for the totality of crimes, by partial addition of the sentences imposed, to appoint E.F. the final punishment in the form of restriction of freedom for a period of 1 (one) year 2 (two) months, with the establishment of restrictions during the specified period of serving the sentence. hours 00 minutes of the next day, if this is not related to work; - not to change your place of residence and place of work without the consent of a specialized state body that supervises the serving of convicts punishment in the form of restraint of freedom; - not to visit entertainment establishments (cafes, bars, restaurants , clubs); - not to visit the places where public events are held and not to participate in these events; - not to travel outside the territory of the municipality at the place of residence.

To charge E.F. Golodnyuk. during the period of serving the sentence, the obligation to appear on a monthly basis at a specialized state body that supervises the serving of the sentence in the form of restraint of freedom by convicts, once a month for registration on the days determined by the specified body.

The preventive measure in the form of a recognizance not to leave the place and proper behavior, chosen in this criminal case, shall remain unchanged until the sentence comes into legal force.

Material evidence in a criminal case: a cell phone "LG A258" with an installed SIM card "Beeline" and a memory card "Micro CD", a rubber seal from the windshield of a car, two keys in conjunction with an alarm fob from the car are considered returned to the victim ...

Release Golodnyuk E.F. from payment of procedural costs - amounts to be paid to a lawyer who participated in the case during the trial as a defender by appointment.

The verdict can be appealed to the Kurgan Regional Court within 10 days from the date of its announcement by filing an appeal or appeal through the Kurgan City Court.

In accordance with Part 3 of Art. 389.6 of the Code of Criminal Procedure of the Russian Federation, the desire to take direct part in the consideration of the case by the court of appeal, as well as the absence thereof, as well as their attitude to the participation of a defense lawyer or refusal of a defense lawyer when considering a complaint by the court of appeal, must be expressed by the convicted person in an appeal or in a separate statement in within 10 days from the date of the announcement of the verdict.

Presiding E.P. Kolegov.

Coercion to conduct of a sexual nature

Commentary on Article 133 of the Criminal Code of the Russian Federation:

1. The object of this crime is social relations that ensure the sexual freedom of men and women.

2. The objective side of this crime is characterized by active action, forcing the victim (victim) either to have sexual intercourse, or to sodomy, or to commit other acts of a sexual nature. Coercion is a mental impact on victims in order to force the latter against their will to commit the above actions (to commit sexual intercourse, act of sodomy or lesbianism, or other actions of a sexual nature).
The method of coercion is either blackmail, i.e. intimidation, threat of disclosure of defamatory, compromising information (real or false); or threat of destruction, damage or seizure of property; or the use of material or other dependence of the victim (victim). Material dependence should be understood as finding the victim (victim) in full or partial dependence on the guilty party. This can also include cases of dependence of the debtor on the creditor, etc. In the previous criminal legislation, it was said about the "official dependence of the victim on the guilty". In Art. 133 of the Criminal Code of the Russian Federation, the concept of dependence of the victim is expanded, because it comes about another dependence of the victim (victim) from the perpetrators. Another dependence can be understood as service dependence, as well as other forms of dependence of victims and perpetrators. The latter means that in case of refusal to satisfy the desire of the guilty (guilty), the latter can commit such actions that will lead to the infringement of the legal rights and interests of the victims. For example, the threat to be fired from work, deprived of shelter, etc. This crime is considered completed at the moment of coercion guilty to commit the above actions.

3. If, in the event of the victims' refusal to satisfy the desire of the perpetrators, the latter destroy, damage or seize the property of the victims, then the deed should be classified according to the totality of the crimes committed: according to Art. 133 of the Criminal Code of the Russian Federation and the corresponding article providing for liability for crimes against property, depending on the nature of the act committed.

4. The subject of the crime under Art. 133 of the Criminal Code of the Russian Federation, there can be both male and female representatives, sane, who have reached the age of sixteen.

5. The subjective side of this crime is characterized by direct intent. The perpetrator realizes that he is coercing another person into acts of a sexual nature and wishes to commit this act.

6. A qualified type of commented offense is the commission of an act under Part 1 of Art. 133 of the Criminal Code of the Russian Federation, in relation to a minor (minor). This qualifying feature occurs if the perpetrator knew or admitted that he was forcing a person under the age of eighteen to engage in sexual acts, or should and could have foreseen this.

1. Forcing a person to have sexual intercourse, sodomy, lesbianism or commit other acts of a sexual nature by means of blackmail, threat of destruction, damage or confiscation of property, or with the use of material or other dependence of the victim (victim) -

shall be punishable by a fine in the amount of up to one hundred and twenty thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to one year, or by compulsory works for a term of up to four hundred and eighty hours, or corrective labor for a term of up to two years, or compulsory labor for a term of up to one years, or imprisonment for the same period.

2. The same act committed against a minor (minor) -

shall be punishable by forced labor for a term of 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 by deprivation of liberty for a term of up to five years, with the deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or without one.

Commentary on Art. 133 of the Criminal Code of the Russian Federation

1. The main object of a crime is sexual freedom or sexual inviolability of the person, and the honor, dignity, business reputation of the victim, and his property can be optional. Only adults, male or female, can be victims of Part 1.

2. The objective side of the crime is characterized by active actions, expressed in forcing a person to have sexual intercourse, sodomy, lesbianism or other sexual acts by means of blackmail, threat of destruction, damage or seizure of property, or using the material or other dependence of the victim (victim).

3. Coercion must be an explicit demand, offer, means a certain mental impact, pressure on the victim (victim) in order to force them to commit such actions against their will, serves as a way to obtain forced consent. The form of compulsion can be any - written, oral or other.

4. The nature of the threat distinguishes this crime from rape or violent acts of a sexual nature, in which the perpetrator threatens with physical violence and directly, and not with the disclosure of defamatory information, destruction, damage or seizure of property or infringement of the material or other interests of the victim (victim) in the future.

5. The criminal law contains a strictly limited list of forms of coercion, suppression of the will of the victim (victim). For example, the criminal case was terminated due to the lack of corpus delicti against Shch., Since the court did not take into account that the disposition of Art. 133 of the Criminal Code connects the presence of corpus delicti with specific acts of a sexual nature, to the commission of which the perpetrator compels the victims. There was no method of influence specified in the law in the actions of the convict.
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BVS RF. 1998. N 9.P. 5.

Blackmail means the threat of disclosing information and other information that compromises, defames, defames, undermines the prestige and reputation of the victim (victim), their relatives, who can cause significant harm to the rights and legitimate interests, in the dissemination and disclosure of which this person is not interested, for example, a threat to a woman to inform her husband about her relationship with another man, a threat to inform a medical secret, a secret of adoption, etc. Information can be true or false, and in case of real disclosure of knowingly false information that defame another person, the deed should be qualified by the totality of the article being commented on.

If the victim (victim) does not fear the disclosure of such information, does not consider them as capable of causing real damage, then the person's threat to disclose them by blackmail is not recognized.

Destruction of property means bringing property into complete disrepair, impossibility of using it in the future.

Damage to property is understood to mean its partial disrepair, when this property can be restored in whole or in part, used in the future for its intended purpose.

The seizure of property is understood to mean the deprivation of the injured party (victim) of the opportunity to exercise the rights of the owner or user.

The threat must be tangible, meaningful for the victim (victim), for example, to destroy a car, dacha, confiscate a collectible item, etc.

In the event of a real implementation of such a threat, the deed should be qualified by the totality of the commented article and the corresponding articles on crimes against property.

6. Material dependence is understood as the finding of the victim (victim) in full or partial dependence of the guilty person, living in the living space belonging to him, etc., on the basis of the law or with voluntary consent.

Another dependence is understood as any other, but not material dependence, subordination, control at work, at work, at school, family dependence, etc., limiting the freedom of choice, for example, between a boss and a subordinate, between a teacher and a student, between an employee and the applicant, between the accused and the investigator, between the athlete and the coach, etc.

Compulsion with the use of material or other dependence for the commission of sexual acts specified in the law is recognized as criminal only when the guilty person threatens the legitimate interests of the victim (victim), for example, demotion, dismissal from service or work, non-payment of wages, bonuses, deprivation dwellings. If the guilty person promises to the victim (victim) for consent to commit acts of a sexual nature to provide any material benefits, benefits, advantages, then such actions are not considered as coercion. The only proposal of the guilty person to commit acts of a sexual nature specified in the law does not form the composition of the article being commented on.

7. It does not form part of the commented article to obtain the consent of the victim (victim) to commit acts of a sexual nature in another way, for example, by promising to provide patronage, any help, undeserved benefits, by deception, promises to marry, etc.

8. The crime in question is formal, it is considered completed from the moment of compulsion to acts of a sexual nature, regardless of the consent or refusal of the victim (victim) to commit such actions or their actual implementation.

9. The subjective side is characterized by direct intent.

10. The subject of the crime is a sane male or female person who has reached the age of 16 years.

11. In clause 18 of the Resolution of the Plenum of the RF Armed Forces of June 15, 2004 N 11, it is noted that when deciding on criminal liability for such a crime of persons who have reached the age of 16, in relation to a person who has not reached the age of 16, it should be taken into account, that the law in this case is aimed at protecting the normal development of both minors, the court must take into account the age of each juvenile, personal data, the severity of the consequences and other circumstances of the case.

12. Part 2 of the commented article provides for liability for the same act committed against a minor or a minor. Victims under Part 2 can be either male or female persons between the ages of 12 and 18. The commission of such actions in relation to a person under 12 years old, according to note. k should be qualified under Art. 131 or Art. 132 of the Criminal Code (see comments to these articles).

On the territory of the Russian Federation, a person who forces another person to have sexual intercourse will be punished to the fullest extent of the law. The Criminal Code contains article 133 of the Criminal Code of the Russian Federation, which describes the possible corpus delicti and the punishment for this atrocity.

The crimes described in the new edition of Art. 133 of the Criminal Code of the Russian Federation, include:

• compulsion of a person to sexual intercourse, including homosexuality, lesbianism;
• committing any acts of a sexual nature with threats, by means of blackmail, as well as with damage, destruction or seizure of property;
• compulsion to acts of a sexual nature regarding minors, that is, persons who have not reached the age of majority.

Such atrocities are punished with a fine of up to 120 thousand rubles. V different cases the culprit may be sentenced to pay wages or other income for a full year. Also, the convicted person can be sent to compulsory, corrective or compulsory labor for up to one year.

If we are talking about harassment of minors, then according to the above article, the offender is punishable by compulsory work for up to five years. Such a person is also deprived of the right to work in certain positions or engage in certain activities for three years. In some cases, such criminals may be imprisoned.

The object of criminal harassment is the sexual freedom of the individual. The crime itself consists in forcing a person to have an intimate relationship, committing any actions with a sexual bias.

Compulsion should be understood as a mental influence on a person. The direct purpose of such harassment is to commit acts of a sexual type. In this case, we are talking about encroachments by means of blackmail or threats to damage, take away or destroy the victim's property.

The victim is psychologically influenced in several ways:

1. Blackmail is a threat to divulge any data that the victim is keeping secret. It doesn't matter if this information is true or false. In this way, the perpetrator wants to persuade the victim to perform sex-related activities.
2. Alternatively, the perpetrator may threaten to destroy, damage or seize property; if the property is of some value to the victim, the victim may succumb to violence.
3. To achieve his goal, the offender can also use the material or other dependence of the victim. Perhaps the victim or the victim is dependent on the offender, lives in his house, is a debtor or heir to the guilty party. The victim may also have an employment relationship with the perpetrator. In addition, such crimes are possible when the perpetrator is a guardian, curator, guarantor of the victim.

Such a crime is considered completed at the time of the harassment. Note that confirmation of the fact of sexual intercourse is not required for the court to recognize the crime as valid.

From a subjective point of view, the composition of this kind of crime has a direct intent. The perpetrator is well aware that using the method of blackmail or threats, he will be able to influence the victim. Despite this, the article for harassment describes such atrocities as minor crimes.

Another form of dependence on the ransomware can be a relationship of control, subordination and accountability of one person to another. In the article on harassment of minors, there is a clause about the dependence of subordinates, students, schoolchildren, children on bosses, teachers, teachers, parents, etc. According to the law, the use of addiction recognizes such a person's behavior that threatens the legal rights of the victim. On the other hand, if an addict is trying to get any illegal benefits or privileges, then there can be no question of sexual harassment.

Among the atrocities against the sexual freedom of the individual, there is an article that provides for certain liability for coercion into acts of a sexual nature. Article 133 of the Criminal Code of the Russian Federation is quite rare in judicial practice. Therefore, there is no way to generalize the jurisprudence regarding such an atrocity.

On this moment there is no established investigative and judicial practice on the qualification of this crime. This fact often raises questions from the investigating authorities and the court during the determination of the criminal-legal assessment of such crimes. In practice, the main thing is to prove that the offender, forcing the victim to have sexual intercourse, used:

• psychological pressure;
• threats;
• blackmail.

In the criminal law literature, service and other forms of dependence are also considered. Service dependence should be understood as the psychological state of the victim as a result of the relationship at work (between the subordinate and the boss). Such dependence may mean that in case of refusal to satisfy the desire of the boss, he can commit such actions that will lead to infringement of the legitimate rights and interests of the victims.

It happens that the victim deliberately stipulates the accused, but in fact entered into sexual intercourse with him of his own free will. In such situations, identifying who is right and who is wrong is very problematic.

One of the most notorious cases in recent years was the case in Krasnodar, when former employee police with an accomplice were accused of rape and murder of a girl who had not reached the age of majority. The guilt of the villains was fully proven, and the case was conducted under several articles at once, including Art. 133. Of the Criminal Code of the Russian Federation. Criminals seduced youngsters and forced them to have sexual intercourse. So a 13-year-old girl was raped and killed, for which the criminals received 36 years of imprisonment for two.

The number of crimes related to the infringement of sexual freedom is increasing every year. Therefore, such an atrocity is a huge danger to society as a whole.

In practice, criminals, in order to get their way, use the following methods of influencing the victim:

• intimidation or blackmail;
• threats to damage or take away property;
• the use of material or other dependence of the victim;
• threats to spread compromising information - false or true.

Harassment is nothing more than a mental impact, the purpose of which is to obtain sexual services against the will of the victim. It can be an inducement to homosexuality, lesbianism or other actions for sexual intercourse. At the same time, such coercion should be of a pronounced character of a demand, harassment.

If the extortionist uses the material, service or other dependence of the victim, and the goal is to induce sexual intercourse, then, according to the legislation, such actions are considered criminal only if the perpetrator threatens the legitimate interests of the victim:

• demotion;
• dismissal from work or service;
• non-payment of wages, bonuses, and other charges;
• deprivation of living space, other property, and so on.

It should be noted that the simple promise to provide the victim with any privileges, additional benefits, patronage or benefits should be distinguished from criminal harassment with the use of the victim's dependent position. In this case, the victim has the right to choose whether to have sexual intercourse or not. There is a big difference between coerce and seduce.

In any case, coercion into sexual intercourse against the will of a person - a woman, a man or a young person - is a crime directed against normal social relations, which imply the sexual freedom of every person. In addition, such an atrocity infringes upon the honor, dignity, and reputation of the victim.

The punishment for a simple corpus delicti of such a crime implies a fine of up to 120 thousand rubles or imprisonment up to 1 year. If the crime is accompanied by other qualifying signs, naturally, the amount of criminal liability increases. For example, if the perpetrator harassed a minor, he will be imprisoned for up to five years.

For the confession of a crime, it makes no difference whether the victim was forced to have a long-term sexual relationship or a one-time sexual intercourse.

If you have a similar situation, and you are a victim of sexual harassment, you should immediately contact the legal and judicial authorities. If you are charged under Article 133 of the Criminal Code of the Russian Federation, you need to immediately contact a qualified lawyer. The wide knowledge of a specialist in the field of criminal and criminal procedural legislation will make it possible to create a competent and effective defense in order to defend the legitimate interests and rights of the accused during the trial.