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The lawyer spoke about the punishment for molesting minors.

Lawyer Betrozov: crimes against minors face harsh sentences
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There are real sentences for molesting minors in Russia, Sean Betrozov, a lawyer at the Moscow Chamber of Lawyers and a member of the Russian Bar Association, told Izvestia, commenting on the criminal case against six men for indecent acts against a minor.

"For actions under these articles of the charges (Part 3 of Article 134 of the Criminal Code and Part 4 of Article 135 of the Criminal Code), two serious charges are now charged. According to the first article, the punishment range is from 3 to 10 years in prison, according to the second — from 7 to 15 years in a penal colony, plus a ban on working with children and holding a number of positions. There are several adults in the case and the events last eight months. This means that the court will take into account not one episode, but a chain of crimes and the participation of a group. In practice, in such cases, penalties are imposed separately for each composition, then they are added together according to the rules. As a result, the final term almost inevitably goes above the minimum values, especially if the investigation proves several independent episodes," the lawyer explained.

There is a separate question about the girl's father, Betrozov draws attention to. If it is confirmed that he knew what was happening, allowed men into the house and did not protect the child, he may be involved either under Article 156 of the Criminal Code ("Failure to perform parental duties involving abuse"), or as an accomplice or co-executor under Articles 134 and 135 of the Criminal Code. Then he will incur the same criminal liability as the other participants, explained Sean Betrozov.

"A suspended sentence is, in fact, excluded here. Article 73 of the Criminal Code of the Russian Federation does not allow the imposition of a suspended sentence for crimes against the sexual integrity of a child under the age of 14. That is, with a guilty verdict, the only question will be the amount of the actual term, and not whether to send the accused to the colony," the lawyer added.

In addition, the girl has the right to recover moral damages from each participant.

"A legal representative acts for her, most often the mother. In a criminal case, a civil claim is filed for compensation for moral damage in accordance with the Civil Code. The court takes into account the age of the victim, the duration of the crimes, the number of defendants, the conclusions of psychologists and psychiatrists," Betrozov said.

With group actions, a long period of time, and the passive position of the father, the amount of compensation can be significant. A claim can also be filed against the father if his inaction is recognized as one of the reasons for the incident. The court has the right to establish joint and several liability when the entire amount awarded can be recovered from any of the convicts, the lawyer concluded.

All important news is on the Izvestia channel in the MAX messenger.

Переведено сервисом «Яндекс Переводчик»

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