Often various changes are made in the legislation, since our life also does not stand still. Yesterday's dangerous actions today have already lost their status or moved to other categories, and new ones have replaced them.
So, for example, changes in the Criminal Code can be noted, namely, the subject of consideration may be article 152 of the Criminal Code of the Russian Federation, which ceased to be in force in 2003. By the way, in comparison with the Criminal Code of 2003, the current law has quite a few amendments.
What was envisaged earlier
Including 2003, article 152 of the Criminal Code of the Russian Federation included a description of the crime committed against the child. It included trafficking in minors with various aggravating circumstances (including death, as well as the use of organs); illegal export abroad; the implementation of a criminal intent by several persons and other actions in relation to children who involve the purchase or sale of a person as goods.
At the moment, this article has lost force not because this crime has ceased to be socially dangerous, but because it has been transferred to another article - 127.1 of the Criminal Code of the Russian Federation, which provides for trafficking in persons in general. The legislator considered that it makes no sense to single out a special provision for an act that is already described in the criminal code. Moreover, the punishment for a crime committed against a child is itself an aggravating event, for which an appropriate punishment should be provided.
Measures
Article 152 of the Criminal Code of the Russian Federation contained sanctions for the acts committed, depending on the absence or presence of qualifying features.
In particular, compulsory and corrective labor for a short period, as well as restriction and deprivation of free movement for up to five years, were envisaged for the sale of children.
Among the special circumstances referred to in norm 152, part 2, an article of the Criminal Code of the Russian Federation noted those in the presence of which criminals could be deprived of their liberty for a term of 3 to 10 years (points a – g):
- committing an act repeatedly (relapse);
- in relation to several persons;
- group of persons;
- use of official status;
- illegal export of children (child) abroad;
- trade transactions with the aim of involving a minor in sexual acts ;
- trafficking in children for the purpose of using their organs for transplantation.
Death of the victim
The third part of the provision (we are still considering article 152 of the Criminal Code of the Russian Federation still in force) contained the only sign depriving the freedom of criminals or one guilty person for up to 15 years - the death of a minor. It should be noted that only death through negligence was considered, as well as other consequences, for example, permanent loss of health, etc.
This was due to the fact that the murder of a minor in itself is provided for in a completely different article. In addition, in this part there are two forms of guilt: direct intent and careless form. The first is that the offender deliberately goes to buy or sell a child for any purpose and does not want, for example, the onset of consequences such as death during transportation. However, the victim is dying, indicating a reckless form of guilt of the offender, since he could not have foreseen this outcome of the events. However, even with this approach, despite the fact that the guilty person did not want death, the punishment for detecting (and proving) a criminal act could reach 15 years in a custodial institution.
Simple crime
What is provided for child trafficking today? A comparison can be made: article 152, part 2, of the Criminal Code of the Russian Federation (and part one) and 127.1 of the Criminal Code of the Russian Federation, moreover, not just dispositions and sanctions, although they are also very important, but the expediency of absorbing the second article of the first provision.
First of all, it should be noted that the sale of children (a child) is currently provided for in article 127.1 of the Criminal Code of the Russian Federation, part 2, paragraph B. It turns out that now it is important for the legislator and the public that all this happened to a minor who cannot to help himself, he does not have the opportunity to escape, to protect himself physically and psychologically, that is, to perform all those actions that an adult is capable of. Thus, children, as the most vulnerable category of the population in this sense, need this not only from the side of social authorities, but also from the Criminal Code.
Accordingly, the offender only for what he made, if I may say so with respect to the person, a deal to buy or sell a child, it does not matter for what purpose and regardless of relapse and other aggravating circumstances, severe punishment can be imposed.
Use of position
If the act is committed by a person who holds a certain position somewhere in the state or other service, sanctions against him are established equal to imprisonment for up to 15 years. In addition, the perpetrator may be deprived of the opportunity to hold any position during the same period. There is also a restriction of freedom, but this is an alternative punishment, therefore it can be applied at the discretion of the judge in accordance with circumstances and evidence.
Article 152, part 2, of the Criminal Code of the Russian Federation did not impose restrictions on service and positions, although in the disposition, in paragraph D, the perpetrator of this category is mentioned.
In article 127.1, a note can also be noted, which states that the person who first committed the crime may be exempted from criminal liability in certain circumstances (cooperation with the police, voluntary release of the victim and others). However, this only applies to adults who are victims of a criminal. When trafficking in children, in particular, and in the presence of other special features, primaryity is not considered at all.
Minimum and maximum terms
In addition, the boundaries of punishment can be noted. When comparing, it turns out that the act described in Article 152 of the Criminal Code of the Russian Federation in part 1, simply for the sale of a minor who is not burdened by any other circumstances, is punished with a term of up to 5 years (only imprisonment is considered).
In the new provision, the perpetrators are punished for the same actions for a period of 3 to 10 years. Thus, it can be seen that the upper limit has become larger, because it is still unknown what kind of psychological (or physical) injury the criminal caused by his actions to the child.
Article 152, part 2, of the Criminal Code of the Russian Federation provides for various qualifying characteristics that can lead to punishment from 3 to 10 years in prison. In the current article on trafficking in children, the victim himself is a special circumstance and a qualifying attribute.
The death of the victim in a new position (which included Article 152 of the Criminal Code of the Russian Federation) entails a criminal term in a custodial institution for a term of 8 to 15 years. Compare with the third part of Article 152: the death of the victim is punishable by a term of 5 to 15 years. Thus, “in a new way” the lower boundary is closer to the maximum, since the act is especially serious. And depending on other circumstances of a different nature (mostly aggravating), the guilty person may go to the colony for life.
This is not indicated in the article, but judicial practice shows that there are many cases where the first “sale and purchase transaction” gives rise to other crimes related to murders, perversions and especially cruel treatment. That is why punishment is assigned mainly for the totality of crimes having many episodes, for a period until the biological death of the offender.