1. Forcing a person to have sexual intercourse, sodomy, lesbianism or other sexual acts 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
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 their will. Mental impact in the form of the threat of violence against the 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.
Actions that characterize the victim negatively from the point of view of morality and law are considered compromising.
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 perpetrator (in full or in part), receives subsidies from him, and this source is the main income of the victim.
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 getting 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.
Judicial practice under article 133 of the Criminal Code of the Russian Federation
Appeal ruling of the Judicial Collegium for Servicemen of the Supreme Court of the Russian Federation dated 05.08.2019 N 205-APU19-23
Yusupov Shamil Abulmuslimovich, ..., convicted on April 10, 2014 by the Kizlyar District Court of the Republic of Dagestan under Part 2 of Art. Of the Criminal Code of the Russian Federation to imprisonment for a period of 2 (two) years in a colony-settlement (released after serving his sentence on August 28, 2015, the conviction has not been removed and canceled),
The full text of Art. 133 of the Criminal Code of the Russian Federation with comments. New current edition with additions for 2020. Legal advice on Article 133 of the Criminal Code of the Russian Federation.
1. Forcing a person to have sexual intercourse, sodomy, lesbianism or other sexual acts 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 Article 133 of the Criminal Code of the Russian Federation
1. Corpus delicti:
1) object: public relations in the field of protection of sexual inviolability and sexual freedom of the individual;
2) the objective side: characterized by an act in the form of an action - forcing a person to have sexual intercourse, sodomy, lesbianism or committing other acts of a sexual nature, where coercion is a mental impact on the victim in order to obtain his consent to commit acts of a sexual nature (the methods of coercion are indicated in Part .1 of the commented article);
3) subject: an individual who has reached the age of 16, while in the case of compulsion using material or other dependence, it is necessary that the victim was in such dependence on the perpetrator;
4) subjective side: characterized by intentional guilt in the form of direct intent. The perpetrator realizes that he is forcing the victim (victim) to have sexual intercourse using the methods specified in the law, and wants to carry out his plan. The motive for the crime is the desire to satisfy the sexual need.
The qualifying signs of a crime include the same act committed against a minor (minor).
2. Applicable Law. Federal Law "On Administrative Supervision over Persons Released from Places of Deprivation of Liberty" (Article 3).
3. Judicial practice. By definition of the RF Armed Forces N 45-097-97 (cassation instance), the verdict in terms of conviction of Gr. under Art. 133 of the Criminal Code of the Russian Federation (compulsion to actions of a sexual nature) with the termination of the case in this part for lack of corpus delicti and recognized gr. guilty of committing lecherous acts. The investigating authorities qualified the actions of Mr Sh. under Art. 135 of the Criminal Code of the Russian Federation, but the court re-qualified them to Art. 133 of the Criminal Code of the Russian Federation. However, the court did not take into account that the disposition of Art. 133 connects the presence of corpus delicti with specific acts of a sexual nature, to the commission of which the perpetrator compels the victims, and not just under threat, as indicated in the verdict, but through blackmail, threats of destruction, damage or seizure of property, or using the material or other dependence of the victims. There was no such method of influencing the victims in the actions of the convicted person, therefore, there is no corpus delicti in them (see in more detail the Review of the judicial practice of the RF Armed Forces for the first quarter of 1998 (in criminal cases) (approved by the Decree of the Presidium of the RF Armed Forces of May 6, 1998) ).
Consultations and comments of lawyers under Art 133 of the Criminal Code of the Russian Federation
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1. Forcing a person to have sexual intercourse, sodomy, lesbianism or other sexual acts 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.
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 may 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 their will. Mental impact in the form of the threat of violence against the 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.
Actions that characterize the victim negatively from the point of view of morality and law are considered compromising.
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 perpetrator (in full or in part), receives subsidies from him, and this source is the main income of the victim.
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 official, 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).
1. Forcing a person to have sexual intercourse, sodomy, lesbianism or other sexual acts 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 Article 133 of the Criminal Code of the Russian Federation
1. The objective side is characterized by forcing a person to have 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 victim.
Coercion means the mental impact on the victim in order to force him to have sexual intercourse with another person against his will. Coercion should act as a way of suppressing the will and obtaining consent, albeit forced, to enter into heterosexual or homosexual relationships, lesbianism, or to commit other acts of a sexual nature. Coercion can take many forms.
2. The law contains a strictly limited list of means and methods of suppressing the will of the victim:
Blackmail, i.e. threat of disclosure of information compromising the victim, intimidation;
The threat of destruction, damage or seizure of property, i.e. an outwardly expressed intention to perform these actions in relation to all or part of the property; the implementation of this threat is not covered by Art. 133 and requires independent qualifications;
Material dependence, i.e. being on full or partial, but essential dependence of the guilty person on legal grounds or with his voluntary consent;
Another dependence, i.e. any other dependence, except material, characterized by a complete or partial lack of independence, freedom, the presence of subordination in service, work or study, etc.
3. A crime is considered completed from the moment of compulsion to acts of a sexual nature.
4. The subjective side is characterized by direct intent.
5. The subject of a crime is special, when it comes to a victim who is materially or otherwise dependent; in all other cases - any person (regardless of gender) who has reached the age of 16.
6. Federal law of February 29, 2012 N 14-FZ increased criminal liability for committing this crime against a minor (minor) (part 2 of article 133).
Another 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 actions, 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, an 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 the finding of the victim (victim) in full or partial dependence on the guilty party. This also includes cases of the debtor's dependence on the creditor, etc. In the previous criminal legislation, it was said about "the official dependence of the victim on the guilty party." In Art. 133 of the Criminal Code of the Russian Federation, the concept of the victim's dependence has been expanded, since we are talking about a different dependence of the victim (victim) on the perpetrators. Another dependence can be understood as both service dependence and 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.
Laws are the source of law or the form of its expression. This thesis was developed many years ago by legal theorists. An interesting fact is that the law regulates social relations of any nature. That is, going to the store, driving a car, ordering pizza by phone - these are all legal facts that give rise to a legal relationship. However, the points listed are positive. They are found in the daily life of a person. At the same time, certain individuals quite often perform actions that run counter to public morality, in other words, are negative. In the scientific community, they have their own name - offenses.
In turn, actions of this nature are also subdivided into certain types, depending on the degree of their danger to society. Thus, they single out offenses and crimes themselves, which are the most harmful acts of people. Criminal law is a legal branch that regulates legal relations of the highest public danger. But in the context of this article, we will not consider the entire complex of crimes, but only one of them, namely coercion into actions of a sexual nature. governed by regulation 133
Criminal law concept
Before considering Art. 133 of the Criminal Code of the Russian Federation, it is necessary to understand the specifics of the industry in which responsibility for this act is provided. Today, this is the legal sphere of criminal law. An industry of this type regulates the whole system of social relations arising in the sphere of people committing crimes, that is, acts that have the highest social danger. In addition, criminal law also provides for the existence of certain measures of influence on violators of the legislative order, the application of which is carried out in the process of bringing them to legal responsibility. On the basis of the presented industry, a scientific discipline and a separate structure of regulatory legal acts were created. The basis for the legal responsibility of criminal law is a special codified law, the Criminal Code. It is in it that there is an article that fixes the punishment for compulsion to acts of a sexual nature.
History of the crime
In domestic legislation, such a socially dangerous act as compulsion to acts of a sexual nature did not always exist. It was first enshrined in the Criminal Code in 1923. However, the internal structure of this crime was somewhat different. In the first half of the 20th century, only the coercion of women by men was condemned, on whom the fairer sex depended by virtue of their official position or financially. In other words, this provision of the Criminal Code in the 1920s had a rather narrow specificity. Later, the form of the crime expanded significantly. The renewed responsibility provided for punishment for compulsion not only to sexual intercourse, but also to other actions aimed at satisfying passion.
It should be noted that in those days, scientists very often criticized the presented norm for its ineffectiveness. The problem was the very fact of the compulsion. The bottom line is that the criminal did not always use his financial or official position. Quite often, threats, blackmail, etc. were used to obtain sexual satisfaction. In this case, one should not reject the possibility of personal dependence that arises between a stepdaughter and stepfather. In addition, not only women, but also men can act as victims. In accordance with this, the legal norm has been repeatedly revised and supplemented in every possible way. But it was only in 1996 that the completed and most successful article was presented, which enshrined the punishment for coercion.
Article 133 of the Criminal Code of the Russian Federation with comments
Rule 133 establishes the punishment for compulsion to acts of a sexual nature. In this case, many people have a question about what exactly can be attributed to such actions. The bottom line is that a direct request for sexual intercourse will not fall within the scope of this article. For criminal liability to come, compulsion must have a negative, illegal character. This, in turn, is achieved through blackmail, various threats, active actions in the form of seizure or damage to property, as well as the use of the victim's dependence on the offender. It should also be noted that the induction can be carried out to enter into sexual intercourse, both natural and unnatural (sodomy, lesbianism, etc.). In this case, Articles 131, 133 of the Criminal Code of the Russian Federation are opposite. After all, with rape, we are only talking about intercourse between a man and a woman. In this case, in order to understand in more detail all aspects of Art. 133 of the Criminal Code of the Russian Federation, it is necessary to consider its constituent elements. This can be done by highlighting the key elements of a socially dangerous act.
Art. 133 of the Criminal Code of the Russian Federation: corpus delicti
Compulsion to, like other socially dangerous acts provided for by the Criminal Code, includes several basic elements. Art. 133 of the Criminal Code of the Russian Federation is characterized by a standard composition, which includes:
- subject;
- an object;
- the side is subjective;
- the side is objective.
Each element is endowed with many aspects that highlight the characteristics of the crime, as well as the specific features of the punishment for it.
Objective side of Article 133 of the Criminal Code of Russia
The crime presented in the article can be committed by active action, which is compulsion to have sexual intercourse. That is, the face forces the victim to satisfy his sexual desire. This kind of action can be expressed in many different ways. Most often, compulsion takes the form of blackmail or threats of seizure, destruction of certain property. In the first case, we are talking about the manipulation of the victim by the possibility of disseminating any personal information about her.
Information in this case should be secret and unknown to a wide range of people. With regard to the threat of seizure of property or its destruction, then such actions can also be considered as a form of inducement. Threats can be of a different nature. For example, due to service dependence, the perpetrator may threaten the victim of coercion with dismissal.
Who is the subject of Article 133. The subjective side of the crime
The person who will be held liable for the commission of coercion is a person who has reached the age of 16. If the victim is financially or functionally dependent on the subject, then this fact is a special characterizing parameter. In this case, the offender takes a dominant position over another person, which allows him to implement the composition of Article 133 of the Criminal Code of the Russian Federation.
It is always characterized by direct intent. That is, a person not only realizes the unlawfulness and social danger of his actions, but also wants the consequences of their commission. Motives tend to have a sexual framing, although they may be completely different.
What is the object of article 133?
The object of any crime is certain social relations, which are protected by current legislation. In the case of Article 133 of the Criminal Code of the Russian Federation, human sexual freedom is harmed. In this case, there is a violation of the right to choose a subject with whom it is best to have sexual intercourse. A number of additional objects can also be distinguished, for example, the dignity and honor of a particular person.
Qualifying features
When analyzing Article 133 (2) of the Criminal Code of the Russian Federation, it is possible to single out the aggravating circumstances of the commission of the crime. In this case, there is only one qualifying aspect: the act is carried out in relation to a minor. In this case, the legislator raises the scope of criminal liability, because the object of the encroachment in this case is the child's sexual freedom. Judicial practice under Art. 133 of the Criminal Code of the Russian Federation in this case is not homogeneous, despite the fact that the victim is characterized by a special level of legal protection.
Output
So, in this article we have analyzed the main points of Art. 133 of the Criminal Code of the Russian Federation. The verdict under this rule may vary depending on the punishment chosen by the court. Nevertheless, the functionality of the article is at a high level, which makes it possible to use it quite effectively today.