Art. 126 of the Criminal Code. Abduction of a person: 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 ("Abduction of Man") defined two types of punishment:

1. Forced labor.
2. Imprisonment.

The validity of these sanctions is up to 5 years. The kidnapping of a person (Article 126 of the Criminal Code) is considered to be over from the moment of unlawful seizure of the victim and the beginning of his forced displacement. No qualification is required for the subsequent retention of the stolen person.

Aggravating circumstances

They are installed in part two of Art. 126 of the Criminal Code. Abduction of a person can be committed:

1. A group of persons who have previously agreed with each other.
2. With the use of violent actions that create a danger to health or life, or with threats of their use.
3. In the case of a minor.
4. With the use of weapons or objects used as it.
5. In relation to a woman who is known to 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 for 5-12 years is appointed. In addition, the judge may limit the freedom of the culprit to 2 years.

Part Three

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

• Members of an organized group;
• Resulting in death or other grave consequences for the captured - shall be punishable by imprisonment for 6-15 years with restriction for a period of up to 2 years of imprisonment or without it.

The person who freed the victim is discharged from liability in the event that his acts do not contain other traces of the act.

Abduction of a person (Article 126 of the Criminal Code): comments

In part one, the penalty for the very fact of the wrongful act is established. Abduction of a person is considered to be unlawful intentional acts, which involve an open or secret takeover by a living citizen. They are also accompanied by the transfer of the victim from his temporary or permanent residence to another place, so that he can later be held against his will.

Exceptions

The conduct of the perpetrators, aimed not at detaining the victim in a place different from where he permanently or temporarily resides, and for committing other encroachments against him, does not pass under art. 126 of the Criminal Code ("Abduction of Man"). For example, two people, having beaten a citizen, decided to kill him. To do this, they put the victim in the trunk of the car, taken to the wasteland, where they deprived him of his life. At the same time, for example, there was another person. To conceal the crime committed by the citizens, the guilty took him to the forest and also killed him. In this case, the actions were aimed not at forcibly detaining the victims, but for depriving them of their lives. In connection with this, the act can not be considered a kidnapping of a person (Article 126 of the Criminal Code of the Russian Federation). The debate in the court in this case will lead to the termination of the case on the third part of this article due to the lack of behavior in the conduct of the crime in question.

Set of acts

If the intent of the perpetrator is applied to the capture of the victim with subsequent detention, and these acts are considered as a means of achieving an unlawful result, the crime is qualified according to several articles. For example, the guilty person demands a ransom from the 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 was said above, kidnapping of a person (Article 126 of the Criminal Code of the Russian Federation) is considered a completed crime, when the victim is seized and mixed against his will. Coercion acts as a mandatory condition for the qualification of an act. This means that it will not be considered as a crime to kidnap a bride by a groom even against the will of her relatives, but with her consent in those territories where such a custom operates. From this position, however, there is an exception. The consent of a minor or another incompetent citizen who is not able to fully understand the events is not taken into account.

Objective and subjective aspects

The offense of the perpetrator is directed directly at the freedom of the individual. Additional health facilities and the life of the victim may be additional facilities in qualified personnel. The subject of 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

The removal of criminal liability is provided by a note to the article in question. The guilty person, who freed the detained citizen voluntarily, can not act as a subject of crime. This basis for the removal of liability has a significant meaning. At the rate of 31 of the Code, this behavior can not be considered as a voluntary refusal to commit an act. It is due to the fact that the crime has already been declared completed. An independent basis in the form of voluntary release of a detained person means that the subject refuses any further actions that encroach on the freedom of the individual. However, the motives for this behavior will not be important. At the same time, the act of releasing the victim can not be conditioned by the achievement of the criminal result, to which the guilty person sought, while committing an unlawful act. To cancel the liability, the condition must be met. Voluntary behavior is recognized when the release occurs under conditions in which the perpetrator has the opportunity to continue illegal detention. That is, he did not achieve the result for which he abducted a person. If he releases the victim voluntarily under such circumstances, then he is removed from criminal liability.

Absence of wrongfulness in actions

In case of voluntary release of the captured person for the removal of responsibility in the conduct of the guilty there should be no other formulations of the act. By this it should be understood that the subject is not subject to the action of the article in question. But this does not mean that his behavior does not fall under the other rules of the Criminal Code. So, for example, if forced capture followed by retention of the victim was accompanied by injury to health (injuries of varying severity, rape, car theft, extortion, etc.), the act will be qualified according to the relevant norms. The perpetrator, therefore, will be exempted from punishment under Art. 126, but may be brought in by other convoys, depending on the circumstances of the crime. If his behavior does not reveal another wrongfulness, he will be released.