The Penal Code provides for the punishment for hijacking a watercraft or aircraft, rolling stock, as well as seizing them for the purpose of hijacking. Responsibility established by Art. 211 of the Criminal Code.
The corpus delicti is characterized as formal. The act is considered to be completed at the moment the vehicle is set in motion or when the hijacker has a real opportunity to personally manage the tool or has established control over the vessel (composition) / crew.
For theft or seizure without aggravating signs to the guilty, according to Part 1 of Art. 211 of the Criminal Code , faces imprisonment of 4-8 years with an additional restriction of freedom for up to a year or without it.
Qualifying signs
They are given in Part 2 of Art. 211 of the Criminal Code . Qualifying signs of theft / capture of the above vehicles are the commission of the act:
- By several entities by prior conspiracy.
- Combined with violence representing a danger to health / life or with the threat of its use.
- Using weapons / items acting as him.
The punishment of the perpetrators is established in the form of imprisonment for 7-12 years. Additionally, by decision of the court, up to 2 years of restriction of liberty may be imputed.
Highly Qualifying Attributes
If the acts for which liability is established by the first and second parts of Art. 211 of the Criminal Code of the Russian Federation , committed by persons in an organized group or caused the death of a person through negligence, as well as other grave consequences, the guilty person faces a prison sentence of 8-15 years. Additionally, at the discretion of the court, a restriction of freedom of 1-2 g may be imputed.
In h. 4 Article 211 of the Criminal Code provides for sanctions for the above acts involving an act of terrorism or other type of terrorist activity. The guilty in this case are punished by imprisonment for 15-20 years with an additional restriction of freedom for 1-2 years or imprisonment for life.
Art. 211 of the Criminal Code with comments
A crime sanctioned by the rule in question is an increased danger. Attackers, in the first place, encroach on the health and life of passengers and crew (members of the brigade of the train). In addition, the safety of the vehicle, the cargo transported by it is at risk.
As an additional object of the crime are the commercial interests of the owner of the vehicle or cargo, property relations.
Aircraft
These include flying devices that are driven by an engine, used to move goods and people through the air, to conduct sporting events, scientific research, and so on. Among them, for example, an airplane, a helicopter, a motor hang glider, an airship, a balloon, a glider, etc.
Water vessels
They are swimming equipment that is driven by an engine or wind power, as well as other vehicles designed to transport goods and people by water (under water), towing, mining, conducting scientific research, technical, construction, cultural, sporting events, etc.
Water, in particular, include lake, sea and river vessels (with the exception of small ones), ships, motor ships, ferries, barges, submarines, floating structures, and so on.
Rolling stock
It is considered to be a means of transportation on a rail track, intended for the transportation of goods or the carriage of passengers, construction work, and so on.
The rolling stock includes, in particular, steam locomotives, trains and wagons, electric and auto tires, electric locomotives and so on.
Objective part
According to the provisions of Article 211 of the Criminal Code , it is expressed in theft or seizure of a train, water / aircraft.
Theft is called unauthorized illegal movement of the vehicle. When qualifying an act under Art. 211 of the Criminal Code, the distance over which the movement was carried out does not matter.
The seizure is considered to be the unlawful establishment of control over the vehicle, as a result of which the possibility of its movement depends on the discretion and will of the attacker. At the same time, the perpetrator may drive the vehicle in person or force the crew, passengers or other persons to comply with his instructions, using threats or physical violence.
Subjective part
It is characterized by the direct intention of the perpetrator. The criminal understands that the actions that he performs are unlawful, hijacking / capture will lead to negative consequences for the crew or passengers, and wishes them to come.
For the subjective side of capture, one of the essential features is the goal - theft. At the same time, the motives for committing the crime do not matter with qualification.
The ultimate goal can be any. For example, hijacking / seizure is aimed at committing a terrorist attack, illegal crossing of the state border, theft of cargo on board a ship / train, smuggling, etc. If signs of other crimes are detected, the act is qualified under Art. 211 of the Criminal Code and the corresponding norms of the Code as a whole.
The subject of the crime is a 16-year-old sane individual.
Important point
If the capture is committed for other purposes (not for theft) or the vehicle is not moved, the liability under Art. 211 of the Criminal Code does not occur. For example, the perpetrator captured a ship to hold people hostage and, as a condition for their release, puts forward certain requirements at the capture site. In such situations, the deed is covered by the relevant articles. For example, when taking hostages, responsibility will come under Article 206 of the Criminal Code.
Use a weapon or other items as it
In paragraph "d" of part 2 of the considered norm, we mean any weapon: military, cold, firearm, gas, and other, not provided for in Federal Law No. 150.
An object used as a weapon can be any object brought in advance or selected at the crime scene, if it is adapted to cause damage to human health.
Other grave consequences
This concept is considered evaluative. As “other consequences”, one can consider an accident, the collapse of a ship or a train, causing significant material damage caused by damage / destruction of the cargo being transported. They should also include damage to health (moderate and severe) for several victims, disorganization of the work of the transport company, environmental pollution, etc.
Hijacking / Hijacking
The subjective part when the victim dies by negligence or other serious consequences is characterized by guilt in two forms.
First of all, this is direct intent. It refers to action. An additional form - negligence (negligence or frivolity) - refers to the consequences that have occurred as a result of the actions of the perpetrator.
Assault on life in the process of capture / hijacking under Art. 211 qualifies in conjunction with Articles 105, 277, 317, 295, depending on who became the victim.