Organisation of Prostitution Committed in Group Forms of Complicity: Problems of Differentiation of Criminal Liability and Qualification of the Crime

Abstract

The article is devoted to the consideration of the problem of differentiation of criminal liability for organising prostitution (Article 241 of the Criminal Code of the Russian Federation) and qualification of this crime when it is committed as part of a group of persons by prior conspiracy or an organised group. Based on the analysis of judicial statistics, the authors argue the need to use as a tool for differentiating criminal liability for organising prostitution the qualifying circumstances of committing the crime by a group of persons by prior conspiracy or an organised group. Special attention is paid to the issues of qualification of organisation of prostitution committed in group forms of complicity, such as the establishment of signs of an organised group, the need for additional qualification of criminal activity under articles on banditry and organisation of a criminal association.