1. How long does it take to consider cases in court under Article 135 of the Criminal Code of the Russian Federation?

1.1. Terms of consideration of criminal cases are not limited by law and do not depend on the article. The case will be considered as the process of this case is organized.

1.2. Such matters are not regulated by law. The initial decision on the appointment of a court hearing on a criminal case received by the court shall be made no later than 30 days from the date of receipt of the case, and in the case against the accused in custody - no later than 14 days from the day the criminal case was received by the court. Further - they can be considered for a very long time, until a full study of the evidence of the prosecution and defense in the manner determined by the court for the study of evidence. There is more of a question regarding the statute of limitations for criminal liability, but you did not indicate part of Article 135 of the Criminal Code of the Russian Federation, and there are 5 of them at once, in composition - from a crime of minor gravity (part 1) to especially serious offenses (parts 3, 4 and 5 ). Specify the question.

2. UKRF article 135 part 1 statute of limitations?

2.1. criminal liability due to the expiration of the statute of limitations

[Criminal Code of the Russian Federation] [Chapter 11] [Article 78]
1. A person shall be released from criminal liability if the following terms have expired from the date of commission of the crime:

A) two years after the commission of a crime of minor gravity;

B) six years after the commission of a crime of medium gravity;

C) ten years after the commission of a serious crime;

D) fifteen years after the commission of a particularly serious crime.

2. The statute of limitations is calculated from the day the crime was committed and until the moment the court verdict enters into legal force. If a person commits a new crime, the statute of limitations for each crime is calculated independently.

1. Committing depraved acts without the use of violence by a person who has reached the age of eighteen, in relation to a person who has not reached the age of sixteen, -

shall be punishable by compulsory works for a term of up to 440 hours, or by restraint of liberty for a term of up to three years, or by compulsory labor for a term of up to five years, with or without deprivation of the right to occupy certain positions or engage in certain activities for a term of up to three years, or by deprivation of liberty for up to three years with or without deprivation of the right to hold certain positions or engage in certain activities for up to ten years.

2. The same act, committed in respect of a person who has reached the age of twelve, but has not reached the age of fourteen, -

shall be punishable by imprisonment for a term of three to eight years, with or without deprivation of the right to occupy certain positions or engage in certain activities for a term up to fifteen years, and with or without restraint of liberty for a term up to two years.

3. The deeds provided for by paragraphs one or two of this article, committed in respect of two or more persons, -

shall be punishable by imprisonment for a term of five to twelve years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term up to twenty years.

4. The deeds provided for by the first, second or third parts of this article, committed by a group of persons by prior agreement or by an organized group, -

shall be punishable by deprivation of liberty for a term of seven to fifteen years, with or without deprivation of the right to occupy certain positions or engage in certain activities for a term of up to twenty years, and with or without restraint of liberty for a term of up to two years.

5. The act provided for by part two of this article, committed by a person who has a criminal record for a previously committed crime against the sexual inviolability of a minor, -

shall be punishable by imprisonment for a term of ten to fifteen years, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to twenty years.

Commentary on Art. 135 of the Criminal Code of the Russian Federation

1. The main object of the crime is the sexual inviolability of minors, their normal moral and physical development, and health. Victims under part 1 can be persons of both sexes who have not reached puberty and the specific age specified in the law - who have reached the age of 14, but have not reached the age of 16.

2. The objective side is characterized by depraved acts committed without the use of violence against a minor who has not reached the age and sexual maturity specified in the law.

3. Depraved are actions aimed at satisfying the sexual passion of the guilty person or at inciting an unhealthy sexual desire in a minor, not related to sexual intercourse, sodomy, lesbianism or other acts of a sexual nature. Such actions are characterized by the fact that they arouse an unhealthy sexual interest in minors, have a negative, corrupting effect on their development, upbringing, forming the rules of obscene, immoral behavior in relations between the sexes, etc.

4. Lewd acts can be both physical and intellectual.

Typical physical depraved acts are the exposure of the genital organs of the guilty or injured person, touching them, palpation, taking obscene forms, making obscene gestures, sexual intercourse, other sexual acts in the presence of a minor, inducing to engage in masturbation, masturbation, etc.

Typical depraved acts of an intellectual nature are the demonstration of pornographic materials, objects, audio, film or video recordings, images of a pornographic nature, reading pornographic literature, conducting conversations, conversations, stories on sexual topics of a cynical nature, etc.

5. The crime is considered completed from the moment the indecent acts begin.

6. The subjective side of the crime is characterized by direct intent.

7. The subject of the crime is a sane person, male or female, who has reached the age of 18.

8. Part 2 of the commented article establishes liability for the same act committed against a person who has reached the age of 12, but has not reached the age of 14.

9. Part 3 of the commented article establishes responsibility for the acts provided for in part 1 or 2 of this article, committed against two or more persons.

10. About qualifying signs by a group of persons, a group of persons by prior agreement or an organized group, see comments. to Art. 35.

11. Part 5 of the commented article establishes responsibility for the acts provided for in part 2 of this article, committed by a person who has a criminal record for a previously committed crime against the sexual integrity of a minor (see commentary to article 131).

12. If indecent acts were part of the crimes that followed them, under Art. Art. 131 or 132, or Art. 134 of the Criminal Code, the deed is fully covered by these compounds and does not form a combination with the commented article.

Criminal Code, N 63-FZ | Art. 135 of the Criminal Code of the Russian Federation

Article 135 of the Criminal Code of the Russian Federation. Lewd acts (current version)

1. Committing depraved acts without the use of violence by a person who has reached the age of eighteen, in respect of a person who has not reached the age of sixteen, -

2. The same act committed in respect of a person who has reached the age of twelve but has not reached the age of fourteen, -

3. The deeds provided for by paragraphs 1 or 2 of this article, if committed against two or more persons, -

4. The deeds provided for by the first, second or third parts of this Article, committed by a group of persons by prior agreement or by an organized group, -

5. An act provided for by paragraph 2 of this article, committed by a person who has a previous conviction for a previously committed crime against the sexual inviolability of a minor, -

shall be punishable by imprisonment for a term of ten to fifteen years, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to twenty years.

BB code
Text

Document URL [copy ]

Commentary on Art. 135 of the Criminal Code of the Russian Federation

Judicial practice under Article 135 of the Criminal Code of the Russian Federation:

Decision of the Supreme Court: Ruling N 127-APU16-5, Judicial Collegium for Criminal Cases, appeal
Under such circumstances, the presence in the case of two certificates, in which the series of the passport of the Republic of Uzbekistan, issued to Kim I.N., is indicated differently, does not cast doubt on the conclusions of the court. actions Kim AND.GN, provided for by paragraph.n. “b”, “c”, “d”, “e”, “h”, “and part 2 of Art. 135 of the Criminal Code of the Republic of Uzbekistan, for which he is held liable in the Republic of Uzbekistan, are criminally punishable in the Russian Federation and comply with paragraphs. "a", "d", "d" part 2 of Art. 127.1 of the Criminal Code of the Russian Federation providing for punishment in the form of imprisonment for up to 10 years. There are no circumstances that would prevent the extradition of Kim I.N. ...
Decision of the Supreme Court: Ruling N 11-APU15-22, Judicial Collegium for Criminal Cases, appeal
As follows from the submitted materials, the act, in which Batorshin Z.G. is accused, falls under the signs of a crime under paragraphs "b", "h", "and" part 2 of Art. 135 of the Criminal Code of the Republic of Uzbekistan and, accordingly, paragraphs "a", "d", "d" part 2 of Art. 127-1 of the Criminal Code of the Russian Federation. Both under the Criminal Code of the Republic of Uzbekistan and the Criminal Code of the Russian Federation, these criminal acts are punishable by imprisonment for a term of more than one year ...
Decision of the Supreme Court: Ruling N 35-APU15-14, Judicial Collegium for Criminal Cases, appeal
From the submitted materials it is also seen that B.T. Tukhtaev was convicted of committing a crime under paragraphs. "in, e, h, and" part 2 of Art. 135 of the Criminal Code of the Republic of Uzbekistan, then the previously charged Tukhtaev B.T. supplemented by paragraph “d” part 3 of Art. 135 of the Criminal Code of the Republic of Uzbekistan These actions correspond to paragraphs. "g, e, h" part 2 of Art. 127.1 of the Criminal Code of the Russian Federation and paragraph “in part 3 of Art. 127.1 of the Criminal Code of the Russian Federation (human trafficking, that is, the sale and purchase of a person committed with the movement of the victim across the state border and with illegal retention of him abroad, with the seizure of documents proving the identity of the victim ...

+More...

Indecent acts are a crime aimed at violating the sexual inviolability of minors. Punishment here is provided for by the Criminal Code of the Russian Federation, article 135 of which states that the guilty person can be isolated from society even for 15 years.

Such an atrocity consists of obscene behavior of an adult towards a minor, for example, showing pornographic films, exposing the genitals and touching them with hands, as well as talking about various sexual topics. As a rule, depraved acts occur without the use of violence.

Main

Any act of an adult aimed at arousing sexual interest in a teenager and satisfying his needs is considered depraved. At the same time, committing this atrocity, the person acts intentionally and violates the normal mental development of the minor. This act is criminal and punishable by law. The Criminal Code of the Russian Federation (Article 135) states that the perpetrator may be sentenced to 3 years in isolation from society under the first part and more severely under the fourth and fifth. Here it is worth noting that, arousing an unhealthy interest in a teenager in sexual relations, an adult person (man or woman) convinces him in every possible way that he will like it. Violent actions in this case are absent. Everything is done by the good will of the minor.

Compound

In order to attract a person for indecent acts against a minor, it is necessary to have all the signs of this atrocity. Responsibility for this crime is established by the Criminal Code of the Russian Federation, article 135 of which states that everything happens without the use of violence. Otherwise, it will be another atrocity.

The composition of this crime is as follows:

object - moral, mental and sexual development of minors;
the subject is an adult male or female;
the objective side - any depraved acts committed against minors, but without violence and sexual contact (exposing the genitals, watching movies, showing various sexual positions for making love);
the subjective side is the attitude of the person to the deed, always has only direct intent.

In the presence of all these signs, a person can be held liable under the Criminal Code of the Russian Federation. Article 135, as already mentioned, provides for punishment under the first part of up to three years in isolation from society.

Peculiarities

In this case, the adult psychologically pushes the minor to indecent acts, but without the use of violence, as Art. 135 of the Criminal Code of the Russian Federation. At the same time, an adult can in every possible way show his passion for sexual life and even demonstrate this to a teenager, thereby arousing unhealthy interest in him and breaking the child's psyche.

The culprit can be either a man or a woman. In this case, the latter may be interested in both boys and girls, show various magazines with naked people, touch her organs with her hands and show her excitement with the process. In addition, the attacker always has a direct intent to ensure that the teenager becomes interested in what is happening and, possibly, begins an early sexual life. Nevertheless, there is only a psychological impact on the child without any violence and sexual contacts. So says Art. 135 of the Criminal Code of the Russian Federation.

Serious crime

In the event that indecent acts of a sexual nature were committed against a minor who is twelve but not fourteen years old, the offender will be punished to the fullest extent of the law. Sanction under part 2 of Art. 135 of the Criminal Code of the Russian Federation says only about the isolation of the perpetrator from society for a period of three to ten years. In addition, there is an additional punishment, which is aimed at prohibiting work with children and restricting the freedom of the attacker.

If the crime is committed against several minors, then liability is provided for in part 3 of this article. In the event that there are several perpetrators (conspiracy), then the punishment here will be more severe - from seven to 15 years in isolation from society. If the perpetrator has already served a sentence for such an act and has a criminal record, then his actions will be attributed to the fifth part of Art. 135 of the Criminal Code of the Russian Federation.

Looking for an answer? Ask a lawyer!

9987 Lawyers are waiting for you Fast response!

Ask a Question

135 of the Criminal Code of the Russian Federation part 1 - is it possible to attract?

Hello!

Please write whether it is possible to prosecute the perpetrator of a crime under article 135 of the Criminal Code of the Russian Federation Indecent acts part 1:

1. Commitment of indecent acts without the use of violence by a person who has reached the age of eighteen against a person who has not reached the age of sixteen, which he committed in 2003?

Thanks in advance.

Lawyers Answers

Alexander(04/07/2014 at 20:06:50)

Dear Anonymous!

NOT ALREADY, BECAUSE IT EXPIRED. This crime belongs to the category of minor crimes according to Art. 15 of the Criminal Code of the Russian Federation. And the statute of limitations for bringing to criminal liability in accordance with Art. 78 of the Criminal Code of the Russian Federation for this category of crimes is two years

Pay your attention to the Criminal Code and the words I have highlighted.

Article 135 I

1. Committing depraved acts without the use of violence by a person who has reached the age of eighteen, in relation to a person who has not reached the age of sixteen,

shall be punishable by compulsory labor for a term of up to 440 hours, or by restraint of liberty for a term of up to three years, or by compulsory labor for a term of up to five years, with or without holding certain positions or engaging in certain activities for a term of up to three years, or imprisonment for up to three years with deprivation of the right to occupy certain positions or engage in certain activities for a period of up to ten years or without it.

1. Depending on the nature and degree of public danger, the acts provided for by this Code are divided into crimes of little gravity, crimes of medium gravity, grave crimes and especially grave crimes.

2. Intentional and reckless acts for the commission of which the maximum punishment provided for by this Code does not exceed three years of imprisonment are recognized as minor crimes.

3. Crimes of average gravity shall be recognized as intentional acts for which the maximum punishment provided for by this Code does not exceed five years of imprisonment, and reckless acts for which the maximum punishment provided for by this Code exceeds three years of imprisonment.

Article 78. Release from criminal liability in connection with the expiration of limitation periods

1. A person shall be released from criminal liability if the following terms have expired from the date of commission of the crime:

a) two years after the commission of a crime of minor gravity;

b) six years after the commission of a crime of average gravity;

I hope for your positive feedback.

Isaeva Elena Vladimirovna(04/07/2014 at 20:06:59)

preparing an answer

Mikhailovsky Yuri Iosifovich(04/07/2014 at 20:12:05)

Good evening! It is impossible to prosecute the perpetrator of a crime under article 135 of the Criminal Code of the Russian Federation Indecent acts, part 1, which were committed in 2003 under the current legislation, due to the expiration. Article 78 of the Criminal Code of the Russian Federation. Release from criminal liability in connection with the expiration of the limitation periods 1. A person shall be released from criminal liability if the following periods have expired from the date of the commission of the crime: a) two years after the commission of a crime of minor gravity; b) six years after the commission of a crime of average gravity; c) ten years after the commission of a grave crime; d) fifteen years after the commission of a particularly grave crime. 2. The statute of limitations is calculated from the day the crime was committed and until the moment the court verdict enters into legal force. If a person commits a new crime, the statute of limitations for each crime is calculated independently. 3. The limitation period shall be suspended if the person who committed the crime evades investigation or trial. In this case, the statute of limitations resumes from the moment of detention of the said person or his surrender. 4. The issue of application of limitation periods to a person who has committed a crime punishable by death or life imprisonment shall be decided by the court. If the court does not consider it possible to release the said person from criminal liability due to the expiration of the statute of limitations, then the death penalty and life imprisonment shall not be applied. Article 135 of the Criminal Code of the Russian Federation. 1. Committing depraved acts without the use of violence by a person who has reached the age of eighteen, in relation to a person who has not reached the age of sixteen, - 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 with deprivation of liberty for a term of up to three years with or without deprivation of the right to occupy certain positions or engage in certain activities for a term of up to ten years.

Maytakova Tatiana(04/07/2014 at 20:32:37)

Hello. Unable to engage due to the statute of limitations.

Kirsanov Sergey Ivanovich(04/09/2014 at 00:07:00)

Hello! According to Part 1 of Article 9 of the Criminal Code of the Russian Federation, "The criminality and punishability of an act are determined by the criminal law in force at the time the act was committed." The Consultant-plus website contains the text of the Criminal Code of the Russian Federation dated June 13, 1996, as amended on July 7, 2003. Article 135. Indecent acts, reads:

Committing depraved acts without the use of violence against a person who is known to be under the age of fourteen, -

shall be punishable by a fine in the amount of from three hundred to five hundred times the minimum wage, or in the amount of or any other income of the convicted person for a period of three to five months, or by restraint of liberty for a term of up to two years, or by deprivation of liberty for a term of up to three years. .ru/document/cons_doc_LAW_43266/?frame=17#p1218

ConsultantPlus, 1992-2014

Thus, since the entry into force of the version of the law of July 7, 2003, Article 135 had only one part and covered cases of indecent acts only with the participation of the victim, who was obviously under 14 years of age. The previous edition from 1996 is the same. Therefore, if the incident occurred before December 2003 and the victim was over 14 years old there was no such composition at all in the actions of the perpetrator. The next edition of Article 135 with one composition and establishing the age of the victim at 16 years old was issued on 08.12.2003 No. 162-FZ.

As for the statute of limitations for criminal liability, if we assume that a crime with a similar composition was nevertheless committed then, the victim turned to the investigating authorities and a criminal case was initiated, it should be remembered that in accordance with Part 3 of Article 78 in connection with the evasion of the guilty person from the investigation and trial, the limitation period is suspended for an indefinite time and is resumed only from the moment the guilty person is detained or he surrenders. If the victim did not apply to law enforcement agencies, then the crime most likely belongs to the category of latent (hidden) and with the expiration of the statute of limitations (for example, the same two years), bringing the perpetrator to justice is no longer possible.