St. 126 OF THE CRIMINAL CODE. Kidnapping: comments, debate

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2018-03-24 04:37:11

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In the Penal code defined punishment for unlawful kidnapping. St. 126 of the criminal code has three parts. Let's consider them. article 126 of the criminal code kidnapping

General structure

Part one of article 126 of the criminal code ("Kidnapping") defines two types of punishment:

  1. Forced labour.
  2. Imprisonment.

The validity of these sanctions - up to 5 years. Kidnapping (article 126 of the criminal code) is considered ended from the moment of the unlawful seizure of the victim and the beginning of his forced displacement. No qualifications are required for subsequent retention of the stolen person.

Special circumstances

They are installed in the second part of article 126 of the criminal code. Kidnapping may be committed:

  1. A Group of persons, previously agreed with each other.
  2. With the use of violence posing danger to health or life, or with the threat of their use.
  3. Juvenile.
  4. With the use of weapons or objects used as it.
  5. In the case of a woman who knowingly for the guilty person is in a state of pregnancy.
  6. Gain.
  7. In relation to two or more citizens. abduction, article 126 of the criminal code of the Russian Federation, is considered ended from the moment

For the aforementioned shall be appointed imprisonment for 5-12 years. Additionally, the judge may limit the freedom of the perpetrator to 2 years.

Part three

It brings together the compositions listed in the second and the first article 126 of the criminal code. Kidnapping:

  • Members of the organized group;
  • Caused death or other grave consequences for the captured - shall be punished by imprisonment for 6 to 15 years with restriction on the period up to 2 years of imprisonment with or without it.

The Person who freed the victim is exempt from liability if in its actions does not contain other compounds acts.

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Abduction (article 126 of the criminal code): comments

In the first set the punishment for the mere fact of a wrongful act. Kidnapping are illegal deliberate actions, which involve open or secret seizure of a living citizen. They are also accompanied by the transfer of the victim from the place of his temporary or permanent residence in another place in order to hold him against his will. abduction, article 126 of the criminal code comments

Exceptions

The Behavior of the perpetrators, not directed at retention of the victim in any place other than where he permanently or temporarily resides, and to the Commission in respect of his other attacks, it does not pass under article 126 of the criminal code ("Kidnapping"). For example, two beating of a citizen, decided to kill him. To do this, they put the victim in the trunk of a car, taken to a vacant lot and took his life. Thus, for example, was another person present. To cover up the crime committed by this citizen, the perpetrators took him to the woods and killed. In this case the action was not aimed at forcibly preventing the victims and in depriving them of their life. In this regard, the act could not be construed as kidnapping (article 126 of the criminal code). Debate in the court in this case will lead to the termination of the case in part three of this article, given the absence in the behavior of the composition of the crime. abduction, article 126 of the criminal code

Series of acts

If the capture of the victim and then hold subject to the intent of the perpetrator, these acts are considered as a way to achieve an unlawful result, the crime is qualified on several counts. For example, the perpetrator demands a ransom from a person or his relatives. In this case, the act is qualified under article 163 and article 126 of the criminal code (kidnapping and extortion).

Prerequisite

As was said above, kidnapping (article 126 of the criminal code) is considered a completed crime when the victim is captured and transported against his will. Coercion acts as a prerequisite for qualification of the acts. This means that will not be treated as a crime the abduction of the bride groom even against the wishes of her family, but, with its agreement, in those areas where there is such a custom. This provision, however, is an exception. Not taken into account the consent of a minor or other incapacitated person not able to understand what is happening fully. abduction, article 126 of the criminal code debate

Objective and subjective side

The Trespass of the perpetrator aimed directly at the freedom of the individual. Additional objects of qualified compositions of can be health and life of the victim. The subject of the crime is considered 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 Lifting of criminal responsibility stipulated in the note to this article. Guilty, freed held by a citizen voluntarily, cannot serve as the subject of the crime. This is the basis of withdrawal liability has significant value. According to the rule 31 of the Code it is impossible to consider such conduct as voluntary waiver of the act.This is caused by the fact that the crime is deemed completed. An independent basis in the form of voluntary release of a person held means that the subject refuses further action that infringes upon the freedom of the individual. The motives of such behavior would not be relevant. With this action for the release of the victim cannot be made conditional upon the achievement of criminal result sought by the offender, in committing the wrongful act. For withdrawal liability must satisfy the condition. Voluntary behavior is recognized in the case where the release occurs under conditions in which the perpetrator has the opportunity to continue an illegal hold. That is, he reached that result for which kidnapped person. If he releases the victim voluntarily in such circumstances, then it is removed criminal liability. abduction, article 126 of the criminal code is considered a completed offence

The Absence of illegality in actions

In the case of a voluntary release of the seized person to relieve the responsibility in the behavior of the perpetrator should not be other compounds acts. Shall mean that the entity is not subject to the article under review. But this does not mean that his behavior does not fall under other provisions of the criminal code. For example, if the forcible seizure, with subsequent retention of the victim was accompanied by the infliction of harm (injuries of varying severity, rape, carjacking, extortion, and so forth), the act will be dealt with according to the relevant rules. The offender, therefore, will be exempt from punishment under article 126, but may be called different formulations depending on the circumstances of the crime. If his behavior is not revealed to another illegality, it will be released.


Article in other languages:

AR: https://tostpost.com/ar/the-law/5290-126.html

BE: https://tostpost.com/be/zakon/9396-st-126-kk-rf-vykradanne-chalaveka-kamentary-sprechk.html

DE: https://tostpost.com/de/das-gesetz/9399-st-126-des-strafgesetzbuches-der-russischen-f-deration-kidnapping-komm.html

ES: https://tostpost.com/es/la-ley/9405-art-126-del-c-digo-penal-el-rapto-de-una-persona-comentarios-el-debate.html

HI: https://tostpost.com/hi/the-law/5294-126.html

JA: https://tostpost.com/ja/the-law/5290-126.html

KK: https://tostpost.com/kk/za/9402-st-k-126-rf-adamdy-rlau-p-k-rler-zharyss-z.html

PL: https://tostpost.com/pl/prawo/9396-art-126-kodeksu-karnego-porwanie-komentarze-debata.html

PT: https://tostpost.com/pt/a-lei/9392-art-126-c-digo-penal-seq-estro-coment-rios-o-debate.html

TR: https://tostpost.com/tr/hukuk/9406-madde-126-ceza-kanunu-nun-ka-rma-yorum-tart-ma.html

UK: https://tostpost.com/uk/zakon/9400-st-126-kk-rf-vikradennya-lyudini-komentar-debati.html

ZH: https://tostpost.com/zh/the-law/5756-126.html






Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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