What is article 152 paragraph 2 of the criminal code?

1. And it’s true that this is in the book
2. the right to protect one's honor and dignity and everything like that
   And I’m embarrassed to ask you, WHY? Also in humor?
3. hahahahaha
4. Article 152 of the Criminal Code of the Russian Federation, part 2 is rape again
5. Article 152 - rape of cattle, part 2 - fatal
6. A friend told me this joke
7. you need to see the lawyers
8. Rape of Cattle is Article 168
   Part 2 with a fatal outcome (Part 2 has now been cancelled)
9. The man was sent to prison for 10 years. Well, the policeman tells him:
   -Tell everyone that you have Article 152, part 2.
   They bring the man to the cell. The prisoners come up, everyone is showing off:
   -Well, what article?
   -152nd.
   Bam - the prisoners gave him the best bed, they brought him the best food.
   -What part?
   -2nd.
   Bam - everyone huddled in their beds, afraid. And so 10 years passed. A man came out and approached the cop:
   - Hey, what kind of article is this, the 152nd?
   -Oh, yes, this is cattle rape.
   -And part two?
   -With a fatal outcome.
10. Cattle rape. Fatal
11. Fatal rape of cattle.
12. Really))
13. cattle rape. part 2 Fatal.
14. Well, now there is no such article in the Criminal Code of the Russian Federation, it has been excluded.... And before it was excluded it was called - Trafficking in Minors Article 152. Trafficking in Minors Here is its text 1. Purchase and sale of a minor or making other transactions in relation to a minor in the form of his transfer and taking possession of it -
    shall be punishable by compulsory labor for a term of one hundred eighty to two hundred and forty hours, or correctional labor for a term of one to two years, or restriction of liberty for a term of up to three years, or imprisonment for a term of up to five years.
    2. The same acts committed:
    a) repeatedly;
    b) in relation to two or more minors;
    c) by a group of persons by prior conspiracy or an organized group;
    d) by a person using his official position;
    e) with the illegal removal of a minor abroad or his illegal return from abroad;
    f) for the purpose of involving a minor in committing a crime or other antisocial acts, as well as for committing acts of a sexual nature;
    g) for the purpose of removing organs or tissues from a minor for transplantation, is punishable by imprisonment for a term of three to ten years.
    3. Acts provided for in parts one or two of this article, which through negligence resulted in the death of a minor or other grave consequences, are punishable by imprisonment for a term of five to fifteen years. But why do you need it, now the acts covered by this article are qualified as trafficking in people - Article 127-1 of the Criminal Code of the Russian Federation.
15. Cattle Rape, if I'm not mistaken!

Civil Code, N 51-FZ | Art. 152.1 Civil Code of the Russian Federation

Article 152.1 of the Civil Code of the Russian Federation. Protection of a citizen’s image (current version)

1. Disclosure and further use of a citizen’s image (including his photograph, as well as video recordings or works of fine art in which he is depicted) are permitted only with the consent of this citizen. After the death of a citizen, his image can only be used with the consent of the children and surviving spouse, and in their absence, with the consent of the parents. Such consent is not required in cases where:

1) the use of the image is carried out in state, public or other public interests;

2) the image of a citizen was obtained during filming, which is carried out in places open to the public or at public events (meetings, conventions, conferences, concerts, performances, sporting competitions and similar events), except for cases where such an image is the main object use;

3) the citizen posed for a fee.

2. Manufactured for the purpose of introducing into civil circulation, as well as those in circulation, copies of material media containing the image of a citizen, obtained or used in violation of paragraph 1 of this article, are subject to withdrawal from circulation and destruction on the basis of a court decision without any compensation. .

3. If an image of a citizen, obtained or used in violation of paragraph 1 of this article, is distributed on the Internet, the citizen has the right to demand the removal of this image, as well as the suppression or prohibition of its further distribution.

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Commentary to Art. 152.1 Civil Code of the Russian Federation

Judicial practice under Article 152.1 of the Civil Code of the Russian Federation:

• Decision of the Supreme Court: Determination N 306-ES17-14359, Judicial Collegium for Economic Disputes, cassation

  No grounds have been established for reviewing the judicial acts adopted in this case at the court session of the Judicial Collegium for Economic Disputes of the Supreme Court of the Russian Federation. In accordance with Part 1 of Article 152.1 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), the publication and further use of a citizen’s image (including his photograph, as well as video recordings or works of fine art in which he is depicted are permitted only with the consent of this citizen.. .

• Decision of the Supreme Court: Determination N 309-ES15-6673, Judicial Collegium for Economic Disputes, cassation

  The legislator repeatedly points out a special legal regime for the implementation of rights in the presence of public interests in the Civil Code of the Russian Federation (for example, Articles 152.1, 152.2, paragraph 4 of Article 166, paragraph 2 of Article 168, Article 169 of the Civil Code of the Russian Federation, etc.). At the same time, the content of specific public interests can be formulated by listing the goals of legislative regulation of a particular sphere of social relations...

• Supreme Court decision: Decision N AKPI12-1475, Judicial Collegium for Civil Cases, first instance

Civil Code of the Russian Federation Article 152. Protection of honor, dignity and business reputation

(see text in the previous edition)

1. A citizen has the right to demand in court a refutation of information discrediting his honor, dignity or business reputation, unless the person who disseminated such information proves that it is true. The refutation must be made in the same way in which information about the citizen was disseminated, or in another similar way.

At the request of interested parties, it is possible to protect the honor, dignity and business reputation of a citizen even after his death.

2. Information discrediting the honor, dignity or business reputation of a citizen and disseminated in the media must be refuted in the same media. A citizen in respect of whom the specified information has been disseminated in the media has the right to demand, along with a refutation, that his response also be published in the same media.

3. If information discrediting the honor, dignity or business reputation of a citizen is contained in a document emanating from an organization, such a document is subject to replacement or revocation.

4. In cases where information discrediting the honor, dignity or business reputation of a citizen has become widely known and, in connection with this, a refutation cannot be brought to public knowledge, the citizen has the right to demand the removal of the relevant information, as well as the suppression or prohibition of further dissemination of this information by seizure and destruction, without any compensation, of copies of material media containing the specified information made for the purpose of introducing into civil circulation, if without destroying such copies of material media, deleting the relevant information is impossible.

5. If information discrediting the honor, dignity or business reputation of a citizen turns out to be available on the Internet after its distribution, the citizen has the right to demand the removal of the relevant information, as well as a refutation of this information in a way that ensures that the refutation is communicated to Internet users.

6. The procedure for refuting information discrediting the honor, dignity or business reputation of a citizen in cases other than those specified in paragraphs 2 of this article is established by the court.

7. Application of penalties to the violator for failure to comply with a court decision does not relieve him of the obligation to perform the action prescribed by the court decision.

8. If it is impossible to identify the person who disseminated information discrediting the honor, dignity or business reputation of a citizen, the citizen in respect of whom such information was disseminated has the right to apply to the court to declare the disseminated information untrue.

9. A citizen in respect of whom information discrediting his honor, dignity or business reputation has been disseminated, along with a refutation of such information or publication of his response, has the right to demand compensation for losses and compensation for moral damage caused by the dissemination of such information.

10. The rules of paragraphs 1 of this article, with the exception of the provisions on compensation for moral damage, can also be applied by the court to cases of dissemination of any untrue information about a citizen, if such a citizen proves that the specified information does not correspond to reality. The limitation period for claims made in connection with the dissemination of the specified information in the media is one year from the date of publication of such information in the relevant media.

11. The rules of this article on the protection of a citizen’s business reputation, with the exception of provisions on compensation for moral damage, respectively apply to the protection of the business reputation of a legal entity.

1. Disclosure and further use of a citizen’s image (including his photograph, as well as video recordings or works of fine art in which he is depicted) are permitted only with the consent of this citizen. After the death of a citizen, his image can only be used with the consent of the children and surviving spouse, and in their absence, with the consent of the parents. Such consent is not required in cases where:

2. Manufactured for the purpose of introducing into civil circulation, as well as those in circulation, copies of material media containing the image of a citizen, obtained or used in violation of paragraph 1 of this article, are subject to withdrawal from circulation and destruction on the basis of a court decision without any compensation. .

3. If an image of a citizen, obtained or used in violation of paragraph 1 of this article, is distributed on the Internet, the citizen has the right to demand the removal of this image, as well as the suppression or prohibition of its further distribution.

Commentary to Art. 152.1 Civil Code of the Russian Federation

1. The norms of the commented article are not completely new for domestic civil legislation. In accordance with Art. 514 of the Civil Code of the RSFSR of 1964, publication, reproduction and distribution of a work of fine art in which another person is depicted was allowed only with the consent of the person depicted, and after his death - with the consent of his children and surviving spouse. Such consent was not required if the specified actions were carried out in the state or public interests or the person depicted posed for the author for a fee.

It should be noted that the content and methods of protecting a citizen’s right to an image have changed in some way.

First of all, the legislator made an attempt to define the relationship between the concepts of “image of a citizen” and “work of art,” indicating that it is the image that is subject to protection. From the point of view of the norms contained in the commented article, the image of a citizen can be expressed not only in the form of a work of art, but also in some other form. At the same time, it is very difficult to imagine another form of embodiment of the image of a citizen other than a work of art (a pictorial portrait, photograph, or video recording). One could assume that another form of embodiment of the image is a verbal portrait of a citizen, however, from the meaning of the norms of Art. 152.1 of the Civil Code of the Russian Federation this does not follow.

The main circumstance that arose as a result of the distinction between the concepts of “image” and “work of art” is that the author of the image, as a rule, not being the person whose image is subject to legal protection, has his own set of copyrights. However, the exercise of these copyright rights, including the right to publish the work, depends entirely on the legality of the production of the corresponding image of the citizen.

2. The right to protect a citizen’s image is formulated by the legislator as absolute. A citizen has the right to demand the application of civil law measures appropriate to the case from any person who unlawfully uses his image.

At the same time, the article under comment contains a closed list of cases in which the publication and use of a citizen’s image is lawful.

Without the consent of the citizen whose image is used, or other persons named in the commented article, the publication and use of the image is permitted in cases where:

1) the use of the image is carried out in state, public or other public interests;

2) the image of a citizen was obtained during filming, which is carried out in places open to the public or at public events (meetings, conventions, conferences, concerts, performances, sporting competitions and similar events), except for cases where such an image is the main object use;

3) the citizen posed for a fee.

The first case affects the interests primarily of so-called public figures - politicians, a number of civil servants and other citizens, information about whose activities is socially significant. For this reason, the image of the top officials of the state is made public and used without their consent, although it must be recognized that the time, place and other circumstances in which the image of such a citizen was obtained may be important. In the famous decision of the European Court of Human Rights of 24 June 2004, the position of the national court that a certain “public figure” is “a significant figure in modern history and, therefore, [she] should tolerate the publication without her consent of the photographs in question, which, without exception, were all made in public places.”

Of course, the use of an image in state, public or other public interests also includes cases of publishing images of citizens wanted in connection with crimes or missing citizens.

Clause 2 para. 3 of the commented article allows for the publication and use of an image of a citizen obtained in places open to the public or at public events. It is assumed that citizens present in such places are aware of the possibility of their being photographed or videotaped and, since they do not leave the place or event, it is implied that they agree to the use of possible images.

The legislator included various types of meetings, congresses, conferences, concerts, performances, and sports competitions as public events. However, the list of places and events does not include so-called closed (“club”) events. The cafe, restaurant, pleasure boat, casino or nightclub are not directly mentioned in the commented paragraph. The legal regime for the protection of images of citizens obtained in such establishments depends on whether the specified place can be considered open to the public. In order to avoid disputes related to the protection of images of citizens, many organizations, even being open to everyone, nevertheless establish visiting rules that exclude the possibility of not only filming citizens located on the territory of this organization, but also the use of appropriate technical devices.

At the same time, an image of a citizen taken in places open to the public or at public events cannot be made public or used in cases where such an image is the main object of use (for example, it occupies the majority of the image).

The third case of permissible publication and use of an image without the consent of the citizen whose image is used (or other persons specified in the law) is when a citizen poses for a fee.

The agreement by virtue of which one party (the sitter) poses for the other party (the artist, cameraman or other person producing the image on any material medium) is unknown to Part 2 of the Civil Code of the Russian Federation. Such an agreement cannot be defined only as a contract for the provision of paid services (Chapter 39 of the Civil Code), since its subject is, first of all, the procedure for the publication and use of a citizen’s image. It is obvious that this is a paid contract. The uncertainty of the legal nature of this agreement complicates the legal regulation of such relations, in particular, when the person posing for a fee establishes the conditions for the further use of his image.

3. The copyright holder - a citizen whose image is subject to protection, has the right to give consent to the publication and further use of the image. The publication of an image can be, by analogy with the publication of a work (Article 1268 of the Civil Code), defined as the implementation of an action that for the first time makes the image available to the public through its publication, public display, public performance, broadcast or cable communication, or in any other way.

The methods for lawful further use of a citizen’s image may be different. The image can be used either unchanged (format) or in a different scale or color, applied to goods, included in the composition of a trademark or service mark, etc.

Consent to the publication and use of an image provided by a citizen (his children, spouse, parents) is by its nature a civil transaction. For this reason, such consent may contain a number of conditions. The commented norms do not prohibit giving such consent for a period, as well as with the condition of limiting or listing the ways of using the image (for example, exclusively in advertising or, on the contrary, only by applying the image to a particular product, etc.). It is not excluded that a citizen may establish territorial limits for the permissible use of his image in one way or another.

In addition, a citizen’s consent to the publication and use of his image can be expressed when such citizen enters into an agreement with a person who will acquire the right to use this image. This agreement can be concluded not only during the production of the image, but also after the start of unlawful use of the already obtained image of the citizen. However, the nature of such an agreement is not defined in legislation and legal science.

4. In the event of the death of a citizen whose image is subject to protection, such an image can only be used with the consent of the children and the surviving spouse, and in their absence, with the consent of the parents.

In this provision, Art. 152.1 of the Civil Code of the Russian Federation there are significant differences from the norms of inheritance law, according to which universal succession consists in the transfer of a complex of property rights and obligations of a citizen to his heirs by will or heirs by law. The personal non-property right of a citizen to protect his image in the manner of universal legal succession does not pass (); this means that the family members of the deceased copyright holder listed in the law, by issuing appropriate consent to the publication and use of the image, exercise their subjective rights.

It is easy to notice that the circle of persons named in Art. 152.1 of the Civil Code of the Russian Federation, is similar to the circle of heirs of the first priority according to the law (Article 1142), but does not completely coincide with it.

5. Methods for protecting the personal non-property right to protect an image are not enshrined in Art. 152.1 of the Civil Code of the Russian Federation. Thus, in accordance with Art. 150 of the Code, intangible benefits are protected through compensation for moral damage, as well as in other ways (Article 12) in those cases and to the extent that the use of methods for protecting civil rights follows from the essence of the violated intangible right and the nature of the consequences of this violation.

In addition to the universal method of protecting intangible benefits - compensation for moral damage - a way to protect the image of a person should be considered the suppression of actions that violate the right or create a threat of its violation. Based on , a citizen whose right has been violated may demand cessation of the use of his image, including, for example, by confiscating the relevant material media or publishing a court decision on the violation committed by the defendant.

Various changes are often made in legislation, since our lives also do not stand still. Yesterday's dangerous actions today have already lost their status or moved into other categories, and new ones have taken their place.

So, for example, we can note changes in the Criminal Code, namely, the subject of consideration may be Article 152 of the Criminal Code of the Russian Federation, which lost force back in 2003. By the way, compared to the 2003 Criminal Code, there are quite a few amendments to the current law.

What was provided previously

Until 2003, Article 152 of the Criminal Code of the Russian Federation included a description of the crime committed against a child. It included trafficking in minors with various aggravating circumstances (including death, as well as the use of organs); export abroad illegally; the implementation of a criminal plan by several persons and other actions in relation to children that involve the purchase or sale of a person as a commodity.

At the moment, this article has lost force not because this crime has ceased to be socially dangerous, but because it has been moved to another article - 127.1 of the Criminal Code of the Russian Federation, which provides for human trafficking in general. The legislator considered that it does not make sense to allocate a special provision for an act that is already described in the criminal code. Moreover, the punishment for a crime committed against a child is in itself an aggravating event for which an appropriate punishment must be provided.

Measures

Article 152 of the Criminal Code of the Russian Federation contained sanctions for actions committed, depending on the absence or presence of qualifying criteria.

In particular, child trafficking was punishable by both compulsory and short-term correctional labor, as well as restrictions and deprivation of free movement for up to five years.

Among the special circumstances pointed out by norm 152, part 2, article of the Criminal Code of the Russian Federation noted those in the presence of which criminals could be imprisoned for a period of 3 to 10 years (points a-g):

• committing an act repeatedly (relapse);
• in relation to several persons;
• a group of persons;
• use of official status;
• illegal export of children (children) abroad;
• carrying out trade transactions with the aim of involving a minor in;
• trafficking of children for the purpose of using their organs for transplantation.

Death of the victim

The third part of the provision (we are still considering Article 152 of the Criminal Code of the Russian Federation, which is still no longer in force) contained the only sign depriving criminals or one guilty person of liberty for up to 15 years - the death of a minor. It is worth noting that only death due to negligence was considered, as well as other consequences, for example, permanent loss of health, etc.

This was due to the fact that the murder of a minor in itself is provided for by a completely different article. In addition, in this part there are two forms of guilt: direct intent and careless form. The first is that the criminal consciously goes to buy or sell a child for some purpose and does not want, for example, consequences such as death to occur during transportation. However, the victim dies, which indicates a careless form of guilt of the criminal, since he could not foresee this outcome of events. However, even with this approach, despite the fact that the guilty person did not want death, the punishment if a criminal act was discovered (and proven) could reach 15 years in a secure institution.

Simple crime

What is the current punishment for child trafficking? A comparison can be made: Article 152, part 2, of the Criminal Code of the Russian Federation (and part one) and 127.1 of the Criminal Code of the Russian Federation, and not just dispositions and sanctions, although they are also very important, but the expediency of absorbing the second article of the first provision.

First of all, it should be noted that trafficking in children (children) is currently provided for in Article 127.1 of the Criminal Code of the Russian Federation, part 2, paragraph B. It turns out that now it is important for the legislator and the public, first of all, that all this happened to a minor who cannot to help himself, does not have the opportunity to escape, to protect himself physically and psychologically, that is, to perform all those actions that an adult is capable of. Thus, children, as the most vulnerable category of the population in this sense, need this not only from social authorities, but also from the Criminal Code.

Accordingly, a criminal, only for the fact that he has made, if one can say so in relation to a person, a transaction for the purchase or sale of a child, no matter for what purpose and regardless of recidivism and other aggravating circumstances, a severe punishment can be imposed.

Use of position

If the act was committed by a person who holds a certain position somewhere in the state or other service, sanctions against him are established equal to imprisonment for a term of up to 15 years. In addition, the culprit may be deprived of the opportunity to hold any position during the same period. It is also provided, but this is an alternative punishment, therefore it can be applied at the discretion of the judge in accordance with the circumstances and evidence.

Article 152, part 2, of the Criminal Code of the Russian Federation did not impose restrictions on service and positions, although the disposition, in paragraph D, mentions a perpetrator of this category.

In Article 127.1, a note can be noted that states that a person who has committed a crime for the first time may be released from criminal liability under certain circumstances (cooperation with the police, voluntary release of the victim, and others). However, this only applies to adult victims of the criminal. In the case of child trafficking in particular and in the presence of other special signs, primacy is not considered at all.

Minimum and maximum terms

In addition, the limits of punishment can be noted. When compared, it turns out that the act described in Article 152 of the Criminal Code of the Russian Federation in Part 1, simply for the sale and purchase of a minor, not burdened by any other circumstances, is punishable for up to 5 years (only imprisonment is considered).

In the new provision, for the same actions, the perpetrators are punished for a term of 3 to 10 years. Thus, you can see that the upper limit has become larger, because it is still unknown what kind of psychological (or physical) trauma the criminal inflicted on the child through his actions.

Article 152, part 2, of the Criminal Code of the Russian Federation provides for various qualifying criteria that can lead to punishment from 3 to 10 years in prison. In the current article on child trafficking, the victim itself is a special circumstance and qualifying feature.

The death of a victim in the new situation (which includes Article 152 of the Criminal Code of the Russian Federation) entails imprisonment for the criminal in a secure institution for a period of 8 to 15 years. Let's compare with part three of Article 152: the death of the victim is punishable by a term of 5 to 15 years. Thus, “in a new way” the lower limit is closer to the maximum, since the act is especially serious. And depending on other circumstances of a different nature (mostly aggravating), the guilty person may be sent to a colony for life.

This is not indicated in the article, but judicial practice shows that there are many cases where the first “purchase and sale transaction” gives rise to other crimes related to murder, perversion and particularly cruel treatment. That is why punishment is imposed mainly for those with many episodes, for the term of the offender.