Violation of the Principle of Justice in Parts 1–2 of Articles 131, 132 of the Criminal Code of the Russian Federation

The article examines the provisions, Рarts 1–2 of Articles 131 “Rape” and Article 132 “Violent acts of a sexual nature” of the Criminal Code of the Russian Federation. The main part of these articles includes moderate harm to health. One of the qualifying signs provided for in Part 2 of these articles is paragraph “b”, which provides for the infection of the victim with venereal disease.

A comparative analysis of the sanctions of Article 112 “Intentional infliction of moderate harm to health”, Article 121 “Infection with venereal disease” of the Criminal Code of the Russian Federation is carried out. It has been established that the act provided for in Article 112 of the Criminal Code of the Russian Federation is more socially dangerous than the act provided for in Article 121 of the Criminal Code of the Russian Federation. It was revealed that a person who committed a less socially dangerous act (infected the victim with venereal disease) in the process of rape or violent acts of a sexual nature will be punished more severely than a person who committed a more socially dangerous act (caused moderate harm to the health of the victim during rape or violent acts of a sexual nature), which contradicts the principle of justice established in Article 6 of the Criminal Code of the Russian Federation. The author suggests several ways to solve this problem.