242 Article of the Criminal Code: commentary

The need to establish strict measures of responsibility for the production and trafficking of "adult materials" was realized by the world community as far back as 1923. This was due to the adoption of the Geneva International Convention, the postulates of which were later transferred to the Soviet legislation. Currently, the composition of this atrocity contains 242 articles of the Criminal Code. For what actions in the sphere of the sexual life of people provides for criminal punishment in the legislation of Russia? Consider below.

Object of Crime

The activities to spread pornography, as well as to create it, cause serious damage to public morality. The object of this unlawful act is ethics in the sphere of sexual life. First, pornography inflicts damage on family foundations. Secondly, her vocation is to increase unhealthy sexual passion, which, in turn, encourages people to satisfy their sexual desires in a sophisticated manner. Thirdly, these materials can entail degradation of the individual, not only moral, but also physical. Fourth, pornography inflicts great harm on children, whose worldview and moral foundations are not stable and finally formed, and influences their development and upbringing. All these negative consequences of the distribution of "adult materials" have caused the fact that at present 242 Criminal Code defines such activities as criminal.

Object of crime

This category indicates a certain thing, some material element, as a result of direct impact on which the illegal act is carried out. Article 242 of the Criminal Code of the Russian Federation considers "materials for adults" as a crime subject. In the role of such can be considered printed publications, drawings, photo or video materials, sculptures. Pornography is an image of the sexual life of people obscene, especially cynical and extremely naturalistic in nature. The erotica is not the subject of the atrocity under consideration.

Despite the fact that it also reflects the sexual sides of people's lives, yet it does not have that immoral and rude character and does not cause such a lascivious attraction. In addition, Article 242 of the Criminal Code does not provide for punishment for the creation and distribution of images of nudity for the purposes of science and education in textbooks and manuals. Artists, sculptors, photographers and other representatives of creative professions, who will fix the beauty and aesthetics of the human body, will not be brought to justice.

The objective side

Article 242 provides for the punishment of six acts in this area. The first of them - the creation of pornographic materials, whether it's photo or video, printing, copying the relevant items. The second part is the transfer of them across the border of the Russian Federation (both import and export). The third act is the distribution of such materials. It can express itself in the transfer, donation, sale of pornographic objects. The fourth line-up includes a public demonstration of "adult material" (on television, banners, and also in completely different ways). The fifth type of action is the advertisement of such pornopredmetov, which is committed with the aim of involving a wide range of people. And, finally, the last, the sixth composition, which Article 242 of the Criminal Code provides in its 2nd part, is the involvement of a child under the age of 18 into the circulation of such materials.

The subjective side

Doing this kind of behavior is impossible by negligence. Article 242 indicates an atrocity that can be committed only in the presence of direct intent. Another element of the subjective side of the crime we are considering is the goal. It acts as a mandatory feature in the production and transfer across the country's borders of "adult material". So, in these formulations it is mandatory to establish the desire of the offender to distribute, demonstrate in public or sell such items.

Subject

Article 242 of the Criminal Code of the Russian Federation fixes the punishment for the creation and distribution of "adult material", which can be applied to any person over 16 years of age. Specific requirements for the age, namely the attainment of adulthood, provide for this atrocity committed in the form of bringing to circulation porn minors.

Additional Items

The provisions of Article 242 of the Criminal Code also provide for a number of qualifying signs, in the determination of which the liability of criminals is aggravated. The first of these is the minority of victims. The law sets as its priority the protection of the normal development of children, both moral and physical. The second sign is the way of committing a crime, namely the use of the media and the Internet for criminal purposes. The third reason for increasing the responsibility for this kind of deed is the receipt of more than 50,000 rubles as a result of this atrocity (income on a large scale). The fourth sign describes the subjects of crime. The law provides for increased responsibility if the creation and sale of "adult materials" was carried out by a group of people and this activity was agreed in advance and organized.

Lack of composition

How to act to the criminal investigation body , the court in those cases when one of the spouses demonstrates to another "adult material"? Is this also true in this case, Article 242 of the Criminal Code of the Russian Federation? The commentary to this legislative act treats this act as having no public danger. It is believed that in this case there is no damage to morality and traditional family ways. People who created pornographic materials, as well as transported them across the state border for personal purposes, will not be brought to justice, and not if they wish to distribute them. Thus, Article 242 of the Criminal Code contains a lot of crimes, many qualifying signs, makes special demands on the subjects of the crime.