Full text of Art. 133 of the Criminal Code of the Russian Federation with comments. New current edition with additions for 2020. Legal advice on Article 133 of the Criminal Code of the Russian Federation.
1. Forcing a person to have sexual intercourse, sodomy, lesbianism or commit other acts of a sexual nature by means of blackmail, threats of destruction, damage or confiscation of property or using the financial or other dependence of the victim (victim) -
shall be punishable by a fine in the amount of up to one hundred twenty thousand rubles or in the amount wages or other income of the convicted person for a period of up to one year, or compulsory labor for a term of up to four hundred eighty hours, or correctional labor for a term of up to two years, or forced labor for a term of up to one year, or imprisonment for the same term.
2. The same act committed against a minor (minor) -
shall be punishable by forced labor for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or without one.
Commentary on Article 133 of the Criminal Code of the Russian Federation
1. Composition of the crime:
1) object: public relations in the field of protection of sexual integrity and sexual freedom of the individual;
2) objective side: characterized by an act in the form of an action - forcing a person to have sexual intercourse, sodomy, lesbianism or committing other acts of a sexual nature, where coercion is a mental influence on the victim in order to obtain his consent to commit acts of a sexual nature (methods of coercion are indicated in Part .1 of the commented article);
3) subject: individual who has reached the age of 16, and in the case of coercion using financial or other dependence, it is necessary that the victim be in such dependence on the perpetrator;
4) subjective side: characterized by intentional guilt in the form of direct intent. The perpetrator realizes that he is forcing the victim (victim) into sexual contact using the methods specified in the law, and wants to carry out his plans. The motive for the crime is the desire to satisfy a sexual need.
The qualifying elements of a crime include the same act committed against a minor.
2. Applicable law. Federal Law "On administrative supervision of persons released from prison" (Article 3).
3. Judicial practice. By decision of the RF Armed Forces No. 45-097-97 (cassation instance), the verdict regarding the conviction of gr.Shch was overturned. according to Art. 133 of the Criminal Code of the Russian Federation (coercion to acts of a sexual nature) with the termination of the case in this part due to the lack of corpus delicti and recognized gr.Shch. guilty of committing lewd acts. The investigative authorities qualified the actions of gr.Shch. according to, however, the court reclassified them under Art. 133 of the Criminal Code of the Russian Federation. At the same time, the court did not take into account that the disposition of Art. 133 connects the presence of a crime with specific actions of a sexual nature, to the commission of which the guilty person forces the victims, and not simply under threat, as indicated in the sentence, but through blackmail, threats of destruction, damage or confiscation of property, or using the financial or other dependence of the victims. There was no such method of influencing victims in the actions of the convicted person, therefore, there is no corpus delicti of this crime (see in more detail the Review of judicial practice of the RF Armed Forces for the first quarter of 1998 (in criminal cases) (approved by the resolution of the Presidium of the RF Armed Forces of May 6, 1998 ).
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- Forcing a person to have sexual intercourse, sodomy, lesbianism or commit other acts of a sexual nature by means of blackmail, threats of destruction, damage or confiscation of property or using the financial or other dependence of the victim (victim) –
shall be punishable by a fine in the amount of up to one hundred twenty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to one year, or by compulsory labor for a term of up to four hundred eighty hours, or by corrective labor for a term of up to two years, or by forced labor for a term of up to one year. years, or imprisonment for the same period.
(as amended by Federal Law dated December 7, 2011 N 420-FZ) - The same act committed against a minor (minor) –
shall be punishable by forced labor for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or without one.
(part 2 introduced Federal law dated February 29, 2012 N 14-FZ)
Commentary on Article 133 of the Criminal Code of the Russian Federation
1. The main object of the crime is sexual freedom or sexual integrity of the person, and the honor, dignity, business reputation of the victim, and his property can be optional. Victims under Part 1 can only be adult male or female persons.
2. The objective side of the crime is characterized by active actions, expressed in forcing a person to have sexual intercourse, sodomy, lesbianism or commit other acts of a sexual nature through blackmail, threats of destruction, damage or confiscation of property, or using the financial or other dependence of the victim.
3. Coercion must be an explicit demand, proposal, means a certain mental impact, pressure on the victim (victim) in order to force him to commit such actions against his will, serves as a way of obtaining forced consent. The form of coercion can be any - written, oral or other.
4. The nature of the threat distinguishes this crime from rape or sexual assault, in which the perpetrator threatens with physical violence directly, and not with the disclosure of defamatory information, destruction, damage or confiscation of property or infringement of the material or other interests of the victim in the future.
5. The criminal law contains a strictly limited list of forms of coercion and suppression of the will of the victim. For example, the criminal case was dismissed for lack of corpus delicti against Shch., since the court did not take into account that the disposition of Art. 133 of the Criminal Code connects the presence of a crime with specific actions of a sexual nature, which the perpetrator forces the victims to commit. There was no method of influence specified in the law in the actions of the convicted person<1>.
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<1>BVS RF. 1998. N 9. P. 5.
Blackmail is understood as the threat of disclosure of information and other information that is compromising, disgracing, defaming, undermining the prestige, reputation of the victim (victim), their close persons, which can cause significant harm to the rights and legitimate interests, in the dissemination and disclosure of which this person is not interested, for example, a threat to a woman to inform her husband about her relationship with another man, a threat to disclose medical confidentiality, the secret of adoption, etc. Information can be true or false, and in the event of actual disclosure of knowingly false information discrediting another person, the act should be qualified according to the totality of the commented article and art. 128.1 CC.
If the victim (victim) is not afraid of disclosing such information and does not consider it as capable of causing real damage, then the person’s threat to disclose it is not recognized as blackmail.
The destruction of property means rendering the property completely unusable and making it impossible to use it in the future.
Damage to property means rendering it partially unusable, when this property can be restored in whole or in part and used further for its intended purpose.
Confiscation of property means deprivation of the victim (victim) of the opportunity to exercise the rights of the owner or user.
The threat must be tangible and significant for the victim (victim), for example, to destroy a car, a dacha, confiscate a collectible item, etc.
In the event that such a threat is actually carried out, the act should be qualified according to the totality of the commented article and the corresponding articles on crimes against property.
6. Financial dependence is understood as the fact that the victim (victim) is fully or partially dependent on the guilty person, living in a living space that belongs to him, etc., on the basis of the law or with voluntary consent.
Other dependence is understood as any other, but not material, dependence, subordination, control over work, service, study, family dependence, etc., limiting the freedom of choice, for example, between a boss and a subordinate, between a teacher and a student, between an employee and the applicant, between the accused and the investigator, between the athlete and the coach, etc.
Coercion using financial or other dependence to commit acts of a sexual nature specified in the law is recognized as criminal only when the guilty person threatens the legitimate interests of the victim, for example, demotion, dismissal from service or work, non-payment of wages, due bonuses, deprivation dwellings. If the guilty person promises the victim (victim) to provide any material benefits, benefits, or advantages for consent to committing acts of a sexual nature, then such actions are not considered coercion. The mere proposal of the guilty person to commit acts of a sexual nature specified in the law does not form part of the article under comment.
7. Obtaining the consent of the victim (victim) to commit acts of a sexual nature in another way, for example, by promising to provide patronage, any assistance, undeserved benefits, by deception, by promising marriage, etc. does not form part of the commented article.
8. The crime in question is formal and is considered completed from the moment of compulsion to actions of a sexual nature, regardless of the consent or refusal of the victim (victim) to commit such actions or their actual implementation.
9. The subjective side is characterized by direct intent.
10. The subject of the crime is a sane male or female person who has reached the age of 16 years.
11. In paragraph 18 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated June 15, 2004 N 11, it is noted that when deciding on the issue of criminal liability for such a crime of persons who have reached the age of 16, in relation to a person under the age of 16, it should be taken into account, that the law in this case is aimed at protecting the normal development of both minors, the court must take into account the age of each minor, data characterizing the individual, the severity of the consequences and other circumstances of the case.
12. Part 2 of the commented article provides for liability for the same act committed in relation to a minor or minor. Victims under Part 2 can be male or female persons aged 12 to 18 years. Performing such actions in relation to a person under 12 years of age, according to note. to Art. 131 of the Criminal Code should be qualified under Art. 131 or art. 132 of the Criminal Code (see comments to these articles).
Today we bring to your attention an article on the topic: Article 133 of the Criminal Code. We tried to describe everything in simple language that can be understood by any resident of our country. All questions can be asked in the comments after the article.
Article 133 of the Criminal Code of the Russian Federation. Compulsion to act of a sexual nature (current version)
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1. From the objective side, the crime in question is expressed in forcing a person to have sexual intercourse, sodomy, lesbianism or commit other acts of a sexual nature through blackmail, threats of destruction, damage or confiscation of property or using the financial or other dependence of the victim.
Coercion means mental influence on the victim (victim) in order to force her (him) to have sexual contact with another person against her will. In this case, it is a way of suppressing the will and obtaining consent, albeit forced, to enter into a heterosexual or homosexual relationship, lesbianism, or to commit other actions of a sexual nature. Coercion may be expressed verbally, in writing, or in any other form.
2. The law contains a strictly limited list of means and methods of suppressing the will of the victim (victim):
– blackmail, i.e. threat of disclosure of information compromising the victim, intimidation;
– threat of destruction, damage or seizure of property – externally expressed intentions to commit specified actions in relation to all property or part of it (this must significantly affect the interests of another person in order to act as a factor suppressing his will; the implementation of this threat is not covered by the provisions of Article 133 Criminal Code and requires independent qualification);
– financial dependence – being in full or partial, but significant dependence on the perpetrator on legal grounds or with his voluntary consent;
– other dependence – any other dependence, except material, characterized by a complete or partial lack of independence, freedom, subordination in service, work or study, etc.
3. The crime is considered completed from the moment of compulsion to acts of a sexual nature.
4. The subjective side of the crime is characterized by direct intent.
5. The subject of the crime is special when it comes to the victim (victim) who is (are) in financial or other dependence; in all other cases - any individual (regardless of gender) who has reached the age of 16 years.
Article 133 of the Criminal Code of the Russian Federation. Compulsion to perform sexual acts
New edition of Art. 133 of the Criminal Code of the Russian Federation
1. Forcing a person to have sexual intercourse, sodomy, lesbianism or commit other acts of a sexual nature by blackmail, threats of destruction, damage or confiscation of property or using the financial or other dependence of the victim (victim) –
shall be punishable by a fine in the amount of up to one hundred twenty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to one year, or by compulsory labor for a term of up to four hundred eighty hours, or by corrective labor for a term of up to two years, or by forced labor for a term of up to one year. years, or imprisonment for the same period.
2. The same act committed against a minor (minor), –
shall be punishable by forced labor for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or without one.
1. The object of a criminal attack is a person’s sexual freedom, his honor and dignity (see commentary to Articles 131, 132). Victims can be both female and male.
2. The objective side is expressed in forcing a person to have sexual intercourse, sodomy, lesbianism or to commit other acts of a sexual nature.
2.1. Coercion is mental influence on a person in order to achieve consent to commit a single sexual act or cohabitation, as well as to commit other actions of a sexual nature. Coercion occurs regardless of whether the guilty person acts in his own interests or in the interests of another person (relative, acquaintance, boss).
3. Unlike the acts provided for in Art. 131, 132, the guilty person achieves what he wants not through violence, the threat of its use, taking advantage of the helpless state of the victim (victim), but through blackmail, threats of destruction, damage or confiscation of property, or using material or other dependence.
4. Blackmail as a method of committing this crime is a requirement to perform the actions specified in the disposition of the article under the threat of disclosing any information. The nature of the information does not matter: it may or may not be disgraceful, correspond to reality or represent fiction, and relate personally to the victim (victim) or her (his) relatives. It is important that the victim (victim) seeks to keep this information secret, and the threat of disclosure is used by the perpetrator in order to force her (him) to have sexual intercourse, sodomy, lesbianism or to commit other acts of a sexual nature.
If information about the victim or her (his) relatives is disclosed that is deliberately slanderous or offensive, as well as information about the private life of a person that constitutes his personal or family secret, the act, if all the necessary conditions are met, is additionally qualified under Art. . 129, 130, 137.
5. The threat of destruction, damage or confiscation of property is another way of forcing a person to have sexual intercourse, sodomy, lesbianism or to commit other acts of a sexual nature. It does not matter whether the guilty person threatens to destroy, damage or confiscate what property (one’s own or someone else’s, movable or immovable), as well as the method of such destruction, damage or confiscation. It is important that this property has a certain value for the victim (victim).
5.1. In the event of destruction or damage to property (realization of a threat), the actions of the perpetrator, if there are grounds for this, are additionally qualified under Art. 167. When seizing property, the act, depending on the method of seizure, requires additional qualification under the article on crimes against property.
6. To achieve a criminal goal, the guilty person may take advantage of the financial or other dependence of the victim.
6.1. Financial dependence means that the victim (victim) is dependent on the guilty person, lives in his living space without having his own, is his debtor, heir, etc.
6.2. Other dependence means that the victim (victim) is in any other, for example official, dependence on the perpetrator. Service dependence is associated with the subordination of the victim (victim) to the guilty person in the service. In addition to official dependence, another dependence may arise in the case of guardianship, trusteeship, etc.
6.3. In order to bring the culprit to justice, it is important to establish that he took advantage of financial or other dependence, and such dependence was significant. If the victim (victim) is financially or otherwise dependent on the person, but coercion is not based on such dependence, in particular, no threats are made to infringe upon legitimate interests, then the crime under Art. 133, missing. This kind of coercion cannot be understood as the provision of any material or other benefits, as well as a promise to provide these benefits in the future.
7. The corpus delicti is formal. The crime is completed (by composition) at the moment of compulsion. Actual sexual intercourse or other acts of a sexual nature are not required to declare the crime completed.
8. The subjective side of the crime is characterized by direct intent. The guilty person is aware that, by means of blackmail, threats of destruction, damage or confiscation of property, or using financial or other dependence, he is forcing another person to have sexual intercourse, sodomy, lesbianism or to commit other acts of a sexual nature, and desires this.
9. The subject of a criminal attack can be a sane person, both male and female, who has reached the age of 16.
10. The acts are classified as crimes of minor gravity.
Another comment on Art. 133 of the Criminal Code of the Russian Federation
1. A person of any gender can act as a victim and subject. Unlike violent sexual crimes, sexual freedom during the commission of the act in question is not eliminated, although it is constrained to a significant extent by the fact of coercion.
2. The objective side of the crime is characterized by the action - forcing the victim to have sexual intercourse, sodomy, lesbianism and other actions of a sexual nature. Coercion is a non-violent influence on the will of another person in order to achieve his consent to sexual intimacy.
4. If the culprit has carried out a threat, for example, actually disseminated information disgracing the victim, damaged his property, or infringed on his labor rights, it is not excluded that he will be charged with the corresponding crimes. In this sense, the act in question can form a real set with crimes provided for, for example, Art. Art. 129, 145.1, 167, 201, 285 of the Criminal Code of the Russian Federation.
5. The crime is over at the moment of influence on the victim, regardless of the victim’s consent to enter into sexual relations.
6. From the subjective side, the crime is characterized by direct intent and the goal of achieving sexual intimacy with the victim.
Article 133. Compulsion to perform actions of a sexual nature
1. Forcing a person to have sexual intercourse, sodomy, lesbianism or commit other acts of a sexual nature by means of blackmail, threats of destruction, damage or confiscation of property or using the financial or other dependence of the victim (victim) -
shall be punishable by a fine in the amount of up to one hundred twenty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to one year, or by compulsory labor for a term of up to four hundred eighty hours, or by corrective labor for a term of up to two years, or by forced labor for a term of up to one year. years, or imprisonment for the same period.
2. The same act committed against a minor (minor) -
shall be punishable by forced labor for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or without one.
1. The main object of the crime is sexual freedom or sexual integrity of the person, and the honor, dignity, business reputation of the victim, and his property can be optional. Victims under Part 1 can only be adult male or female persons.
2. The objective side of the crime is characterized by active actions, expressed in forcing a person to have sexual intercourse, sodomy, lesbianism or commit other acts of a sexual nature through blackmail, threats of destruction, damage or confiscation of property, or using the financial or other dependence of the victim.
Criminal Code, N 63-FZ | Art. 133 of the Criminal Code of the Russian Federation
Article 133 of the Criminal Code of the Russian Federation. Compulsion to act of a sexual nature (current version)
1. Forcing a person to have sexual intercourse, sodomy, lesbianism or commit other acts of a sexual nature by means of blackmail, threats of destruction, damage or confiscation of property or using the financial or other dependence of the victim (victim) -
shall be punishable by a fine in the amount of up to one hundred twenty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to one year, or by compulsory labor for a term of up to four hundred eighty hours, or by corrective labor for a term of up to two years, or by forced labor for a term of up to one year. years, or imprisonment for the same period.
2. The same act committed against a minor (minor) -
shall be punishable by forced labor for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or without one.
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Commentary to Art. 133 of the Criminal Code of the Russian Federation
Judicial practice under Article 133 of the Criminal Code of the Russian Federation:
- Decision of the Supreme Court: Determination N 72-O13-22SP, Judicial Collegium for Criminal Cases, cassation
He was acquitted under Part 1 of Article 209 and Part 1 of Article 222 of the Criminal Code of the Russian Federation based on the verdict of the jury due to the failure to establish the crime. In accordance with clause 4, part 2, art. 133 of the Code of Criminal Procedure of the Russian Federation recognized his right to rehabilitation and explained the procedure for compensation for harm; KRAVTSOV V., unconvicted, acquitted under Part 2 of Article 209 of the Criminal Code of the Russian Federation on the basis of an acquittal verdict by the jury due to failure to establish the crime...
- Decision of the Supreme Court: Determination N 5-O12-130, Judicial Collegium for Criminal Cases, cassation
It is impossible to agree with this conclusion of the court, since it is based on a one-sided assessment of the evidence presented, without a thorough examination of all the circumstances related to the provision of assistance to Sipin. legal services. In accordance with the requirements of Part 1 2 and 3 tbsp. 133 of the Criminal Code of the Russian Federation, the right to rehabilitation, including the right to compensation for harm associated with criminal prosecution, is granted to persons against whom an acquittal has been made, as well as any person...
- Decision of the Supreme Court: Determination N 89-O12-24SP, Judicial Collegium for Criminal Cases, cassation
Acquitted KARPOV P.M. in the form of detention was cancelled. KARPOV P.M. released from custody in the courtroom. In accordance with the provisions of Art. 134 Part 1 of the Criminal Code of the Russian Federation for the acquitted P.M. KARPOV. the right to rehabilitation is recognized; explained what is provided for in Art. 133 of the Criminal Code of the Russian Federation the right to compensation for property damage, elimination of the consequences of moral harm, restoration of labor, pension and other rights...
