242 Article of the Criminal Code: commentary
The need for rigorous measuresresponsibility for producing and trafficking of "adult materials" was recognized 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. At present, the composition of this atrocity contains 242 articles of the Criminal Code. For what actions in the field of sexual life of people provides for criminal punishment in the legislation of Russia? Consider below.
Object of Crime
Activities to spread pornography, andIt also causes 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 lead to degradation of the individual, not only moral, but also physical. Fourth, pornography inflicts immense harm on children, whose worldview and moral foundations are not stable and finally formed, and affects 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 activity as criminal.
Object of crime
This category indicates a certain thing,any 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 displays sexside of people's lives, yet it does not have that immoral and rude character and does not cause such a lustful 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
242 article provides for punishment forthe commission 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 other ways). The fifth type of action is the advertisement of such pornopredmetov, which is committed with the aim of involving a wide range of persons. 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
It is impossible to perform such actionsrecklessness. Article 242 indicates an atrocity that can be committed only if there is a direct intent. Another element of the subjective side of the crime we are considering is the goal. It acts as an indispensable 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 criminal to disseminate, demonstrate in public or sell such items.
Article 242 of the Criminal Code of the Russian Federation fixes the punishment for the creationand distribution of "adult materials", 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.
The provisions of Article 242 of the Criminal Code provide for a number ofqualifying signs, the establishment of which aggravates the responsibility of criminals. The first of these is the minority of the 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 the 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,court in those cases where 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, no damage is done 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 compositions of atrocities, many qualifying signs, makes special demands on the subjects of the crime.