Posted 18 февраля 2022,, 13:39
Published 18 февраля 2022,, 13:39
Modified 24 декабря 2022,, 22:38
Updated 24 декабря 2022,, 22:38
The law provides for the introduction of new aggravating circumstances. Including if the violence is committed by a person who is responsible for the maintenance, education or protection of the rights of the child. Or a person living with him. Or a person carrying out activities in the field of education, upbringing, development of minors, organization of their recreation and rehabilitation, medical support, social protection and social services, in the field of youth sports, culture and art with the participation of minors.
It would seem that when it comes to attempts on the sexual inviolability of children, there can be no two opinions, everyone is unanimous in demanding the most severe punishment. But… laws and law enforcement practice were more than strange.
For example, in 2007, the Shebekinsky District Court of the Belgorod Region found a certain 45-year-old man guilty of committing indecent acts against a 6-year-old girl and sentenced him to ... 6 months in a colony-settlement. In 2008, the Olenegorsk City Court of the Murmansk Region recognized a leader of a tourist circle for committing crimes of sexual assault against adolescents aged 14 to 16, and sentenced him to ... a suspended sentence.
And these are not exceptional cases. The “Summary of judicial practice of the courts of the Krasnoyarsk Territory for 2008” states:
“Among the types of punishment that are not associated with real deprivation of liberty, conditional conviction prevails. So, in 80% of cases, persons found guilty of committing a crime under Art. 135 of the Criminal Code of the Russian Federation (Indecent acts against minors - S.B.), were sentenced conditionally; in relation to 20% of those convicted, the punishment was imposed in the form of a fine ... Ninety-eight sentences were passed against persons found guilty of committing a crime under Art. 134 of the Criminal Code of the Russian Federation (Sexual intercourse and other acts of a sexual nature with a person under the age of sixteen - S.B.) ... In 100% of cases, the courts in relation to persons found guilty of a crime under Art. 134 of the Criminal Code of the Russian Federation, was sentenced with the application of Art. 73 of the Criminal Code of the Russian Federation, that is, conditionally.
In July 2009, Russian President Dmitry Medvedev signed a federal law on strengthening criminal liability for crimes against the life, health and sexual integrity of minors. However... in 2010, a court in St. Petersburg sentenced a 25-year-old pedophile who raped a 5-year-old niece and continued to rape her for several years - to a suspended sentence. At the same time, Judge Andreeva proceeded from the fact that the defendant Sleptsov had committed crimes before the amendments to the Criminal Code came into force. Then the article for pedophilia provided, among other things, a suspended sentence. But if it provided for, then it is not at all necessary to proceed only from this point, there were others. However, the judge chose this one.
“There are many such examples”, - stated the government’s Rossiyskaya Gazeta in 2012. - According to law enforcement officers, officially more than three thousand children a year become victims of pedophiles, many die. For ten years, the number of rapes of children has increased tenfold ... Last year, 93 people were convicted for depraved acts against children aged 12 to 14 years. Of these, 21 convicts received a suspended sentence ... For sexual intercourse and other acts of a sexual nature with a person under the age of 14, 208 people were convicted. Of these, 109 received a suspended sentence. Are comments needed?
(It should be noted the shocking fact: “In ten years, the number of child rapes increased tenfold.” However, it should be noted that in the 1990s many such crimes remained hidden: both the victims and their parents were afraid of publicity, “shame”.)
On October 27, 2012, a law came into force prohibiting the imposition of a suspended sentence on repeat offenders, pedophiles and people who have committed a serious or especially serious crime.
"Now a strict rule has been introduced - no conventions, only real terms for such crimes", - the government newspaper summed up.
But… The number of crimes against the sexual inviolability of minors has grown steadily. According to the Ministry of Internal Affairs, from 2014 to 2019 - increased by 42%. The Investigative Committee reported that in the first nine months of 2021, 6,000 people committed sexual crimes against children.
Yes, in 2012, under Articles 134 and 135, the “probationary measure” was abolished. However, it remained there: “Sexual intercourse and other acts of a sexual nature with a person under the age of sixteen... is punishable by compulsory labor for a term of up to four hundred and eighty hours or forced labor for a term of up to four years (emphasis added by me - S.B.)” And more: “Committing depraved acts ... in relation to a person under the age of sixteen is punishable by compulsory labor for a term of up to four hundred and forty hours (highlighted by me - S.B.).”
Served his time in compulsory or forced labor with deduction of interest in favor of the state - and walk with a clear conscience?
Further, these articles of the Criminal Code provide only real terms of imprisonment for “sexual intercourse and other acts of a sexual nature” and “commission of indecent acts without the use of violence” against children from 12 to 14 years old. So, if the victim is between 14 and 16 years old, then you can count on "compulsory" or "forced labor"?
From the chronicle of the last months and weeks:
In Kostroma, two geeks raped and killed a 5-year-old girl.
In the city of Ershovo, Saratovskaya, a girl who was under two years old was raped.
In the city of Asbest, Sverdlovsk region, a suspect in the rape and murder of an 11-year-old girl was arrested.
In Domodedovo near Moscow, a visitor from Ulyanovsk raped, killed and threw a 15-year-old girl into a sewer well.
In Moscow, stepfather raped 10-year-old stepdaughter for three months
And so, the State Duma adopted a law on toughening the punishment for pedophilia. A law that can only be welcomed. But…
But let's look at its history first. A group of deputies started drafting the bill back in 2017. As amended in 2012, Article 134 provided for life imprisonment for “sexual intercourse and other acts of a sexual nature with children who have reached the age of twelve but have not reached the age of fourteen.” However, only for repeat offenders, for those who previously had a conviction for a crime against the sexual integrity of a minor.
The 2018 bill proposed "imposition of life imprisonment for the commission of a crime against the sexual integrity of a minor, entailing grave consequences". Regardless of whether there was a previous conviction or not.
The bill was adopted in the first reading on July 3, 2018. Then he lay motionless in the State Duma for 3 years and 7 months.
Didn't have time for it? Were pedophiles protected?
The day before yesterday and yesterday, after 3 years and 7 months, when considering the second and third readings, it turned out that the paragraph on life imprisonment had disappeared. Why? As the press service of the Duma Committee on State Construction said, he was expelled because a law on life imprisonment for pedophiles had already been adopted.
Yes, there was another bill in parallel, from another group of deputies. It was introduced to the State Duma recently, on September 10, 2021. And - instantly considered. As if they were trying to forestall and to some extent disavow the bill of 2018. Ten days ago, on February 8, this parallel law went into effect. According to it, degenerates who have committed violence against two or more minors will receive a life sentence if the specified crime is associated with another serious or especially serious crime. Everything else is still. Life imprisonment - only for repeat offenders. True, the boundaries were expanded: for repeated acts of a sexual nature against minors under 18 years of age. And it is right. Previously, it was up to 14 years.
In general, all this is strange, as if deliberately confused. Only one thing is clear. This means that the bastard from Moscow, who raped a ten-year-old stepdaughter for three months, and the geek from the city of Ershovo, Saratov Region, who raped a two-year-old girl, will not receive a life sentence. Like others like them.