Criminal Liability for Illegal Production and Distribution of Pornographic Materials and Objects: Theory and Practice

Abstract

The article is devoted to problems in law enforcement practice in the qualification of crimes related to illicit trafficking of pornographic materials in the Russian Federation. The author analyzes the norms of the Russian criminal legislation which provides for the punishment for illegal trafficking of pornographic materials, norms of international law, being blanket against the norms of the national legislation, the practice of criminal law for illegal trafficking of pornographic materials. The article discusses the main components of crime which provide for the responsibility for illegal trafficking of pornographic materials, as containing images of minors, and also not using of such; the analysis of the different degree of public danger of crimes related to illegal trafficking of pornographic materials, challenged is the legality and validity of the existing law enforcement practice, actually completely criminalizing the trade of pornographic materials in Russia; the correctness and completeness of the components of crimes in the sentences of the courts are investigated. Particular importance is paid to the study of both objective and subjective grounds of responsibility for the offences in criminal law of Russia and the problems associated with significant gaps in the legislative regulation of the trade of pornographic materials in Russia. The author concludes that namely because of the existence of gaps in the regulation the current law enforcement practice often contradicts with the basic principles of criminal law and violates rights and freedoms of convicted persons under specified articles.

DOI: 10.5901/mjss.2015.v6n5s3p126