Art. 133 of the Criminal Code with comments. Art. 133 of the Criminal Code of the Russian Federation: Compulsion to actions of a sexual nature

Laws are the source of law or the form of its expression. This thesis was developed many years ago by theorists in the field of jurisprudence. It is interesting that the law regulates social relations of any kind. That is, going to the store, driving a car, ordering a pizza by phone is all the legal facts that generate legal relationships. However, the above points are of a positive nature. They are found in the daily life of a person. At the same time, some or other individuals quite often perform actions that run counter to public morality, in other words, are negative. In a scientific environment, 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, offenses and directly offenses, which are the most pernicious acts of people, stand out. Criminal law is a legal branch, which regulates the legal relationship of the highest social danger. But in the context of this article, we will not look at the whole complex of crimes, but only one of them, namely, coercion to actions of a sexual nature. This act is regulated by the norm of 133 of the Criminal Code of the Russian Federation.

Concept of criminal law

Before considering Art. 133 of the Criminal Code, it is necessary to understand the specifics of the industry in which responsibility for this act is provided. To date, this is the legal sphere of the criminal-legal nature. The branch of this type regulates the whole system of social relations that arise in the sphere of committing crimes by people, that is, acts that have the highest social danger. In addition, the criminal law also provides for the existence of certain measures of influence on the violators of the legislative order, the application of which is carried out in the process of their bringing to legal responsibility. On the basis of the presented industry, a scientific discipline and a separate structure of normative legal acts were created. The basis of legal responsibility of criminal law is a special codified law, the Criminal Code. It is in it there is an article that fixes the punishment for compulsion to actions of a sexual nature.

History of crime

In domestic legislation, a socially dangerous act, such as coercion to sexual acts, did not always exist. It was first fixed in the Criminal Code in 1923. However, the internal design of this crime was somewhat different. In the first half of the twentieth century, only the coercion of women by men was condemned, from which the representatives of the weaker sex depended on the strength of their official position or materially. In other words, this provision of the Criminal Code in the 1920s had a rather narrow specificity. Later, the form of the crime significantly expanded. The renewed responsibility provided for punishment for coercion not only for sexual intercourse, but also for other actions aimed at satisfying passion.

It should be noted that in those days scientists very often criticized the presented norm for its inefficiency. The problem was the very fact of compulsion. The bottom line is that not always the criminal used material or official position. Quite often, in order to obtain sexual gratification, threats, blackmail, etc., were used in the course. One should not in this case reject the possibility of personal dependence that arises between a stepdaughter and stepfather. In addition, not only women but also men can be victims. In accordance with this, the legal norm was repeatedly altered and supplemented in every possible way. But it was only in the 1996 Criminal Code of the Russian Federation that the finished and most successful article was presented, which fixed the punishment for coercion.

Article 133 of the Criminal Code of the Russian Federation with comments

The norm of the Criminal Code, stipulated in Article 133, fixes the punishment for compulsion to conduct sexual acts. In this case, many people have a question about what can be attributed to such actions. The bottom line is that a request for sexual intercourse is not directly covered by this article. For criminal responsibility to come, coercion must have a negative, illegal nature. 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 declination can be carried out for entering into sexual relations both natural and non-natural (sodomy, lesbianism, etc.). In this case, articles 131, 133 of the Criminal Code are the opposite. After all, when we rape, we talk only about intercourse between a man and a woman. In this case, in order to understand in more details all aspects of Art. 133 of the Criminal Code, 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: the nature of the crime

Compulsion to actions of a sexual nature, as well as other socially dangerous acts provided for by the Criminal Code, includes several basic elements. Art. 133 of the Criminal Code is characterized by a standard composition, which includes:

• subject;
• an object;
• Subjective side;
• The objective side.

Each element is endowed with many aspects that highlight the characteristics of the crime, as well as the specific features of punishment for it.

The objective side of Article 133 of the Criminal Code of Russia

The crime presented in the article can be committed through active action, which is compulsion to enter into sexual relations. That is, the person makes the victim to satisfy his sexual passion. Action of this kind can be expressed in many ways. Most often, coercion takes the form of blackmail or threats of seizure, destruction of a certain property. In the first case, we talk about the manipulation of the victim by the possibility of spreading any personal information about it. Information in this case should be secret and unknown to a wide range of persons. With regard to the threat of seizure of property or its destruction, such actions can also be viewed as a form of motivation. Threats can have a different character. For example, due to service dependence, the offender may threaten the victim with compulsion by dismissal.

Who is the subject of Art. 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 material or service dependent on the subject, then this fact is a special characterizing parameter. In this case, the perpetrator occupies a dominant position over another person, which allows him to implement the composition of Article 133 of the Criminal Code of the Russian Federation.

The subjective side of the crime is always characterized by direct intent. That is, a person not only realizes the wrongfulness and social danger of his actions, but also wants the onset of the consequences of their commission. Motives, as a rule, have a sexual frame, although they can be completely different.

What is the object of article 133?

The object of any crime is certain social relations, which are protected by the current legislation. In the case of st.133 of the Criminal Code of the Russian Federation, the sexual freedom of a person is harmed. In this case, there is a violation of the right to choose the subject with whom it is best to have sexual intercourse. You can also highlight a number of additional objects, 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 a crime. In this case, there is only one qualifying aspect: the act is carried out in relation to the minor. In this case, the legislator increases the scope of criminal liability, because the object of 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.

Conclusion

So, in this article we have analyzed the main points of Art. 133 of the Criminal Code. The sentence on 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 apply it quite effectively to the present day.