The end of Pornebtik

Law enforcement officers replace the struggle with real violers in a network of fans of candid pictures

If the Soviet District Court of Bryansk upheld the first sentence-three years in a colony in the case of a transgender woman Michelle, this will mean that criminal punishment in Russia for placing an obscene anime picture in social networks is equalized with a punishment for real pedophilia.

In November, the Bryansk District Court sentenced - three years in colony for the distribution of pornography. The accused-the Bryansk epidemiologist Mikhail K., who was in the process of transition to a transgender woman, was taken into custody in the courtroom. Three Hentai pictures (Japanese pornographic anime genre) were posted by him on his VKontakte page in 2014 and over the past 6 years gathered 16 likes.

The Bryansk court interpreted the publication of cartoon pictures as a serious crime against the sexual integrity of minors.

Michelle spent two months in a single chamber of the pre -trial detention center, the case was aimed at a revision in connection with procedural violations during the investigation.

The story of the court of Michelle caused wide publicity. For her liberation, the People's Artist of Russia Evgeny Mironov spoke: “It doesn’t matter to me whether this is a man or a woman. This is a person who lives with us in our country, civilized, I hope. ”

But the whole meaning of the media hype somehow rested primarily on the transgenderness of the epidemiologist from Bryansk. The main theme of publications was that Michelle cannot be placed in a male camera - they will be killed. There with pedophiles, and even so unconventional, they communicate understand how.

And somehow the topic was the main theme-a few years ago in Russia, law enforcement officers had a legal way to replace the struggle with real violents in the network of fans of candid pictures.

You don’t have to do anything: there is a picture-there is a deadline. Not a costly way to increase the statistics of disclosure according to the pedophilian article. And at the same time, strengthen the scrapers.

Michelle

We meet in the Moscow cafe, with Michelle - her friend, who has already made the transition, Lada Preobrazhenskaya. Lada organized public protection Michelle, taking on, in fact, the work of a lawyer. Lada is extremely afraid that Michelle will say something “wrong” and harm himself even more.

“Why did she write confessions? This is a disaster. Because of this, the case cannot now be revised, because she pleaded guilty, ”Lada laments.

Michelle is mostly silent and to the question of what now worries her most, answers: “This whole nightmare. I still cannot realize all this. I did not take it seriously. We came to me in the morning. They say let's go with us. They were still so friendly - they offered coffee. This is probably why I so quickly agreed to guilty, I did not think that this was a real term. And the search was carried out without a warrant, but I was in such a shock that I did not try to object. You see, it all looked like absurd.

When I began to say that I posted porn with the image of minors, I asked if it was possible to determine the age of Winnie the Pooh? He is also the hero of the cartoon. "

“I immediately told the investigator that I was in the process of transition ( transgender transition - hormonal therapy - N. h .), And I was sent to a single camera in a pre -trial detention center. Thanks to them. "

Michelle is silent again, drinks coffee. He tells about everything with embarrassed bewilderment: "I posted these pictures on the VKontakte page in 2014 and forgot about them."

Lada is indignant: “Michelle admitted that she posted the picture, and not that she had grown young people. But the appointed lawyer Vladimir Emelyanov was absolutely not going to protect her. When the prosecutor said in court that a conditional term was impossible, because supposedly perfect is a real pedophilia, the lawyer did not object. ”

A positive description of his colleague was signed by 80 employees of the hospital, where Mikhail K. worked as an epidemiologist. He, in fact, was not going to leave work. Now, at any outcome, it will be: “I just don’t want to substitute my hospital - after all the Bryansk media wrote about me, statements rained down in the comments, such as I need to destroy. After all, no one understands the essence of the matter if the “pedophile” sounded.

After leaving the pre -trial detention center, Michelle sharply worsened health - a history of cancer of the third stage.

And in the history of the court sentence, conclusion:

• “Circumstances mitigating the punishment of the accused have not been established during the preliminary investigation.

• There is no data on the victim, the nature and size of the harm caused to him by the crime.

• Information about the civil plaintiff: a civil lawsuit was not filed during the preliminary investigation. ”

Cartoon crime

Pictures of Anime Hentai fell into the zone of criminal Criminalism thanks to the head of the Federation Council Committee on Family, Women and Children, Elena Mizulina. The bill of its authorship “On amendments to the Criminal Code of the Russian Federation in order to counteract the manufacture and circulation of pornographic products” has been in the State Duma since 2012. The Duma legal administration, the Supreme Court and the Government of the Russian Federation negatively spoke about him. However, in 2016, amendments to Art. 242.1 of the Criminal Code of the Russian Federation, designed to counteract the “turnover of pornography using minors and among minors”, nevertheless managed to squeeze. In the definition of “child pornography”, under which the “image of sexual intercourse in which minors and adults depicting minors participate,” the Japanese erotic animation of Hentai, is involved. The term for a crime under this article is from 3 to 10 years.

What is hentai, it’s easy to find out - Yandex on request gives out several hundred images of a pornographic Japanese anime, the viewing of which Roskomnadzor does not limit or block. Curious people can check. Hentai is, in fact, a comic book, a cartoon in which all the heroes are created with that share of conventionality, which makes the animation of one.

Actually, the author of the male genital organ painted on the fence (and who did not see such fences in Russia!), If desired, can be equated to the spread of porn.

Who said this is impossible? Read more carefully the law.

Hentai in Russia has already been persecuted for pictures. In 2014, a resident of Vologda received 3 years conditionally for the distribution of pornographic materials with the participation of minors. On his VKontakte page, he, like Michelle, posted a video with Japanese drawn schoolgirls. But this was before the tightening of the article, and the deadline was given conditional.

Despite the fact that the age of any drawn character cannot be thoroughly identified, interrogators prefer not to bother. Fans of Japanese animation under the comb are classified as pedophiles.

Reviews for the adoption of this law in 2016 at the forums of lovers of the Japanese anime were completely unambiguous.

“Sitting in prison for watching Hentai? Indeed, as a result of manufacturing and viewing, no one was injured, the characters are drawn and are not real! Whose law does this law protect? Really drawn characters? Propaganda of pedophilia? That is, if a person, for example, listens to metal, and in the texts of performers there are topics of suicide, murder, necrophilia, schizophrenia, etc. d., is he a suicide, killer, necrophil and schizophrenic at the same time?

The deadline for viewing it (Hentai) reaches 10 years, and this period is equivalent to the murder. Is this one and the same in gravity? "

“Real pedophiles will not suffer from such a law: for them, pictures with“ children's fashion ”or just with children on the beach in shorts are exciting, and they have long been hiding real porn deeply and reliably. As experience shows, only the most selected and last scum is against sex and pleasure. Especially this scum loves to hide behind the “protection of children”.

Pornography and center of examinations

It is noteworthy that the examination of the crime of content in the case of Michel was done by order of the investigation of the autonomous non -profit organization “Center for Sociocultural Expertise”.

The center of sociocultural examinations is an organization with a special reputation. Her experts at one time at the request of the investigation conducted examinations in the case of historian Dmitriev, in the Pussy Riot case, Jehovah's Witnesses. Each time the conclusions of the CSE served as the basis for indictments. Experts of the Center for Education - mathematician, translator, political scientist and art critic.

In the Michel case, these non -core experts found that three images “are static pornographic images of a minor: an age boy (taking into account the error of the methodology of determining age) 12 years”.

What methods were used by experts, making such a conclusion, is not announced. Because it is quite obvious that there are no reliable methods, especially when it comes to the examination of the age of the hero of the cartoon.

Moreover, there is still no universal definition of pornography in the Russian Criminal Code. In the latest version of the 242th article, it is determined as follows: “The subject of the crime is pornographic materials or objects that are obscene, cynical, naturalistically depicts sexual relations, anatomical or physiological details of sexual intercourse, which do not have significant literary, artistic or scientific value.”

Following this definition - not a photograph of the daughter of the historian Dmitriev, taken for a medical report to the guardianship authority, nor a three -second video with a child who removes his pants, published on social networks Evgenia Chudnovets, nor the hentai pictures, repented Michelles, are not suitable for this definition. During the process, Dmitriev’s lawyer, during the process, commented on the conclusions of the CSE as follows: “The investigation knew that if the examination is entrusted with the objective expert bureau, the case would fall apart. What does they [experts] have to do with pornography, to sexopathology? This is complete unprofessionalism. ”

But, when it comes to eliminating the objectionable, when stars on the uniform shine so tempting, when you can stretch out on all these “fagots” ... Why are these sociocultural nuances?

Investigation methods

In order for witch hunting to be conducted professionally and effectively, the agency already issues textbooks on the methodology of obtaining the necessary indications. For example, in the “Vestnik of the Volgograd Academy of the Ministry of Internal Affairs of Russia” No. 3 (38) 2016, an article by V. A. Sharkov “Features of the interrogation of the suspect in the illegal distribution of pornographic materials through information and telecommunication networks”, where the author gives direct recommendations: “It must be taken into account that the suspect is greatly influenced by the surprise of the detention or the application of a preventive measure. This introduces disorganization into its emotional-volitional and mental processes, causes a state of excitement, confusion and fear, which make it difficult to realistic assessment of the situation. ”

This is a great recommendation. And she works. As a rule, the detainees from this article voluntarily write confessions almost immediately after the detention, because, the right of the word, it is ridiculous to unlock: “Yes, I watched the pictures, but I reposted it - but what is it?” The court does not pay attention to the lack of criminal intent.

Novosibirsk lawyer Andrei Vlasov comments on this practice:

“Setting such criminal cases“ on the stream ”, they“ speculate ”with human fate for the sake of disclosure and an indicative struggle against pedophilia.”

However, there are precedents - lawyer K. Bizhaev was able to prove in the Supreme Court that, within the meaning of the law of crime under Art. 242 and Art. 242.1 of the Criminal Code of the Russian Federation can only be committed with direct intent, when the perpetrator realizes that it illegally spreads pornographic materials and wishes it.

Trend

Since 2013, the conditional terms for “pedophile” articles have become impossible, as well as parole. But the most controversial amendment, according to lawyer Maria Aismont, was introduced by law in 2012. This amendment actually equated “depraved actions” with “violent actions of a sexual nature”.

“And what does“ depraved actions ”mean? For example, there is a child, and an adult uncle is going on. He takes off his pants and shows his child his causal and goes further, without even touching the child. These are “depraved actions,” says Maria Aismont. - According to the amendment to Art. 131 of the Criminal Code, if the child is less than 12 years old, then he is automatically considered in a helpless state, thereby any action with him, even depraved, should be interpreted as violent, and this is from 12 to 20 years in prison. And it turns out: a child was killed, and the lower boundary of punishment was 8 years in prison, and showed the same to the child the genital organ, without even touching - already the minimum punishment of 12 years. And now we already hear about the affairs where his uncle wrote next to the playground, he was accidentally seen by the children - and all, 12 years of the colony. "

The most loud in recent years, the affairs of the nurse from Naro-Fominsk Evgeny Efimenko, who allegedly diverted a 4-year-old girl during the physiotherapy and, as she claimed, “showed the pussy”, he was convicted of 12 years in colony; Ophthalmologist Matveeva: He allegedly felt through the clothes of small patients, sitting them on a chair to check vision. The verdict is 13 years of colony.

In both matters there is no direct evidence of the guilt of doctors, only the stories of children.

And in the Michel case, no children were revealed at all in which pictures of anime could have a depraved effect.

Help "New"
In 2010, in the message of the President of Russia Dmitry Medvedev, for the first time at the highest level, the theme of the fight against pedophiles sounded. In the State Duma in 2011, they stated that the number of pedophiles in the country increased three to four times. In 2018, 246 people were convicted of illegal production and circulation of pornographic materials, including 23 sentenced to real and 201 - to a conditional time for deprivation of liberty. There were no acquittal sentences. For the manufacture or turnover of pornographic materials with the participation of minors, 210 people were brought to criminal liability, three are justified.

PS

On February 19, the Bryansk District Court will re -consider the case in which neither the victims nor the applicants are established. For 16 views on the Internet with an anime pictures, a person faces 3 years in a colony. And what is interesting - is it really a fair price of human stupidity, is it really not a sorry for the state from the pockets of taxpayers to keep this person in the colony for three years? For what? For indestructibility is the sea?