Art. 126 of the Criminal Code. Abduction: comments, debate

The Penal Code defines the punishment for unlawful abduction of a person. Art. 126 of the Criminal Code has three parts. Consider them.

General composition

Part of the first art. 126 of the Criminal Code of the Russian Federation ("Kidnapping") two types of punishment are defined:

1. Forced work.
2. Imprisonment.

The validity of these sanctions is up to 5 years. The abduction of a person (Article 126 of the Criminal Code of the Russian Federation) is considered to be completed from the moment of the illegal capture of the victim and the beginning of his forced displacement. No qualifications are required for the subsequent retention of the stolen face.

Aggravating circumstances

They are installed in the second part of Art. 126 of the Criminal Code. A kidnapping can take place:

1. A group of persons previously agreed with each other.
2. With the use of violent acts that pose a danger to health or life, or with threats of their use.
3. In relation to a minor.
4. Using weapons or items used as it.
5. In relation to a woman who is obviously for the guilty person is in a state of pregnancy.
6. For mercenary purposes.
7. In relation to two or more citizens.
   

For these acts, imprisonment of 5-12 years is assigned. In addition, the judge may limit the freedom of the perpetrator to 2 years.

Part three

It combines the compositions indicated in the second and first parts of Art. 126 of the Criminal Code. Kidnapping:

• members of an organized group;
• entailing death or other grave consequences for the captured - shall be punished by imprisonment for 6-15 years with a restriction of up to 2 years in prison or without him.

The person who released the victim shall be released from liability if his actions do not contain other elements of the act.

Kidnapping (Article 126 of the Criminal Code of the Russian Federation): comments

Part one establishes punishment for the very fact of an unlawful act. The abduction of a person is considered to be illegal intentional actions that involve open or secret taking possession of a living citizen. They are also accompanied by the movement of the victim from the place of his temporary or permanent residence to another place, in order to subsequently keep him against his will.

Exceptions

The behavior of the perpetrators, aimed not at keeping the victim in any place other than where he constantly or temporarily resides, but at committing other assaults against him, does not pass under Art. 126 of the Criminal Code ("Kidnapping"). For example, two, beating a citizen, decided to kill him. To do this, they placed the victim in the trunk of the car, taken to a vacant lot, where they took his life. At the same time, for example, another person was present. In order to hide the crime committed by this citizen, the perpetrators took him to the forest and also killed him. In this case, the actions were aimed not at the forced detention of the victims, but at the expense of their life. In this regard, the act cannot be considered as a kidnapping (Article 126 of the Criminal Code of the Russian Federation). Debate in court in this case will lead to the termination of the case in part three of this article due to the lack of conduct of the crime in question.

Set of acts

If the intent of the guilty party extends to the seizure of the victim and his subsequent retention, and these acts are considered as a way to achieve an unlawful result, the crime is qualified under several articles. For example, the perpetrator demands a ransom from a person or his relatives. In this case, the act is qualified under Art. 163 and Art. 126 of the Criminal Code (kidnapping and extortion).

Required condition

As mentioned above, the abduction of a person (Article 126 of the Criminal Code of the Russian Federation) is considered to be a completed crime when the victim is seized and mixed against his will. Coercion acts as a prerequisite for qualifying an act. This means that the bride’s abduction by the bridegroom will not be considered a crime, even against the will of her relatives, but with her consent in those territories where this custom is in force. There is, however, an exception to this provision. The consent of a minor or other legally incompetent citizen who is not able to fully understand what is happening is not taken into account.

The objective and subjective sides

The encroachment of the perpetrator is aimed directly at individual freedom. Additional objects in qualified teams may be the health and life of the victim. The subject of a crime is a sane citizen of 14 years. The subjective part of the act is characterized by the presence of direct intent.

Voluntary release of the victim

Removal of criminal liability is provided for by a note to the article in question. A guilty person who has released a held citizen voluntarily cannot act as a subject of a crime. This basis for disclaimer is significant. According to norm 31 of the Code, such behavior cannot be considered as a voluntary refusal to commit an act. This is due to the fact that the crime is already recognized as completed. The independent basis in the form of the voluntary release of the retained person means that the subject refuses further actions encroaching on the freedom of the individual. Moreover, the motives for such behavior will not matter. At the same time, the action to release the victim cannot be determined by the achievement of the criminal result that the perpetrator sought, committing an unlawful act. To remove liability, the condition must be met. Voluntary conduct is recognized when release occurs under conditions in which the perpetrator has the opportunity to continue unlawful detention. That is, he did not achieve the result for which he abducted a person. If he releases the victim voluntarily in such circumstances, then criminal liability is removed from him .

Lack of wrongfulness in actions

In the case of the voluntary release of the captured person to remove responsibility in the behavior of the offender, there should be no other elements of the act. By this it should be understood that the subject is not covered by the article in question. But this does not mean that his behavior does not fall under other norms of the Criminal Code. So, for example, if the compulsory seizure with subsequent retention of the victim was accompanied by personal injury (injuries of varying severity, rape, car theft, extortion, etc.), then the act will be qualified according to the relevant standards. The guilty person will thus be released from punishment under Art. 126, but may be brought on other staff depending on the circumstances of the crime. If in his behavior no other wrongfulness is revealed, he will be released.