Critical assessment of new particularly qualifying signs of crimes against sexual inviolability of minors (Part 5 of Articles 131, 132 and Part 3 of Article 133 of the Criminal Code of the Russian Federation)

Abstract

Subject of research: the particularly qualifying signs of violent sexual crimes included in Articles 131, 132 and 133 of the Criminal Code of the Russian Federation in 2022, which are aimed at protecting the sexual integrity of minors.
 Purpose of research: to analyze the content of new particularly qualifying signs of sexual crimes, their consistency with each other, validity and necessity of inclusion in the Criminal Code of the Russian Federation.
 Methods and objects of research: the work uses the general scientific dialectical method of cognition and private scientific methods, such as analysis, linguistic, comparative legal, statistical, formal and logical. The method of analysis was used in the study of the content of particularly qualifying signs of sexual crimes. Linguistic when interpreting the wording of the norm provided for in Part 5 of Articles 131 and 132 of the Criminal Code of the Russian Federation. Comparative legal when comparing the content of the sign of a special relapse contained in Articles 131 and 132 of the Criminal Code of the Russian Federation and in Articles 134 and 135 of the Criminal Code of the Russian Federation. Statistical when processing indicators about the number of convicts for forcing minors to sexual acts. Formal-logical in the disclosure of concepts and categories used in the formulations of the investigated signs of crimes and the presentation of proposals to change the design of Part 5 of Articles 131 and 132 of the Criminal Code of the Russian Federation.
 Main results of research: based on the analysis of the content of the signs regulated in Part 5 of Articles 131 and 132 and Part 3 of Article 133 of the Criminal Code of the Russian Federation, the author identified technical and substantive flaws in their designs, inconsistency of some of the new signs with similar signs of other sexual crimes against minors. To eliminate the identified shortcomings of the studied norms, it is necessary to replace the wording of Part 5 of Articles 131 and 132 of the Criminal Code of the Russian Federation with an indication in it of an act committed against a minor, without references to other parts of these articles, from paragraph "b" " the same part of these articles should exclude an indication of a minor victim, from paragraph "c" remove the indication of the type of crimes against the person. In Part 3 of Article 133 of the Criminal Code of the Russian Federation, it is necessary to exclude the signs provided for in paragraphs "a" and "b", and in Part 6 of Article 134 and Part 5 of Article 135 of the Criminal Code of the Russian Federation, increased responsibility for the special recidivism of crimes established in them should be extended to all victims of these crimes.