How much money to take for Article 126. Kidnapping (Article 126 of the Criminal Code of the Russian Federation)

The Criminal Code defines the punishment for unlawful kidnapping. Art. 126 of the Criminal Code of the Russian Federation has three parts. Let's look at them.

General composition

Part one of Art. 126 of the Criminal Code of the Russian Federation (“Kidnapping”) defines two types of punishment:

Forced labor.
Imprisonment.

The duration of these sanctions is up to 5 years. Kidnapping (Article 126 of the Criminal Code of the Russian Federation) is considered completed from the moment of the illegal seizure of the victim and the beginning of his forced movement. No qualifications are required to subsequently retain a stolen item.

Aggravating circumstances

They are established in part two of Art. 126 of the Criminal Code of the Russian Federation. Kidnapping can be committed:

For these acts, a prison sentence of 5-12 years is imposed. Additionally, the judge can limit the freedom of the offender to 2 years.

Part three

It combines the compositions specified in parts two and one of Art. 126 of the Criminal Code of the Russian Federation. Kidnapping:

members of an organized group;
resulting in death or other grave consequences for the captured person - is punishable by imprisonment for 6-15 years with or without a limitation of up to 2 years of imprisonment.

The person who freed the victim is 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. Kidnapping is considered to be illegal, deliberate actions that involve the open or secret taking of a living citizen. They are also accompanied by the movement of the victim from his place of temporary or permanent residence to another place in order to subsequently detain him against his will.

Exceptions

The behavior of the perpetrators, aimed not at holding the victim in any place other than where he permanently or temporarily resides, but at committing other attacks against him, does not fall under Art. 126 of the Criminal Code of the Russian Federation (“Kidnapping”). For example, two people, having beaten a citizen, decided to kill him. To do this, they placed the victim in the trunk of a car, took him to a vacant lot, where they took his life. At the same time, for example, there was one more person present. To hide the crime committed in front of this citizen, the perpetrators took him to the forest and also killed him. In this case, the actions were not aimed at forcibly detaining the victims, but at depriving them of their lives. In connection with this, it cannot be considered as 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 under the third part of this article due to the absence of elements of the crime in question in the conduct.

Set of acts

If the intention of the perpetrator extends to the seizure of the victim and his subsequent detention, and these acts are considered as a way to achieve an illegal result, the crime is qualified under several articles. For example, the culprit 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 of the Russian Federation (kidnapping and extortion).

Required condition

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

Objective and subjective sides

The attack by the perpetrator is aimed directly at personal freedom. Additional objects in qualified compositions may be the health and life of the victim. The subject of a crime is considered a sane citizen over 14 years of age. The subjective part of the act is characterized by the presence

Voluntary release of the victim

The removal of criminal liability is provided for in a note to the article in question. A culprit who has voluntarily released a detained citizen cannot act as a subject of a crime. This basis for excluding liability is significant. According to norm 31 of the Code, such behavior cannot be considered as the commission of an act. This is due to the fact that the crime has already been recognized as completed. An independent basis in the form of the voluntary release of a detained person means that the subject refuses further actions that infringe on personal freedom. In this case, the motives for such behavior will not matter. At the same time, the action to release the victim cannot be conditioned by the achievement of the criminal result that the perpetrator sought by committing the unlawful act. To remove liability, a condition must be met. Voluntary conduct is recognized when the release occurs under conditions in which the perpetrator has the opportunity to continue the illegal detention. That is, he did not achieve the result for which he abducted the person. If he releases the victim voluntarily under such circumstances, then the

Absence of illegality in actions

In the case of the voluntary release of a captured person in order to remove responsibility, there should be no other elements of the act in the behavior of the perpetrator. By this it should be understood that the subject is not subject to the provisions of 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 forced seizure and subsequent detention of the victim was accompanied by harm to health (injuries of varying severity, rape, car theft, extortion, and so on), then the act will be qualified according to the relevant standards. The culprit will thus be released from punishment under Art. 126, but may be charged with other charges depending on the circumstances of the crime. If no other illegality is revealed in his behavior, he will be released.

New edition of Art. 126 of the Criminal Code of the Russian Federation

1. Kidnapping -

shall be punishable by forced labor for a term of up to five years or imprisonment for the same term.

2. The same act committed:

a) by a group of persons by prior conspiracy;

b) has become invalid;

c) with the use of violence dangerous to life or health, or with the threat of such violence;

d) using weapons or objects used as weapons;

e) in relation to a known minor;

f) in relation to a woman who is known to the perpetrator to be pregnant;

g) in relation to two or more persons;

h) for selfish reasons, -

shall be punishable by imprisonment for a term of five to twelve years, with or without restriction of freedom for a term of up to two years.

3. Acts provided for in parts one or two of this article, if they:

a) committed by an organized group;

b) has become invalid;

c) caused by negligence the death of the victim or other grave consequences, -

shall be punishable by imprisonment for a term of six to fifteen years, with or without restriction of freedom for a term of up to two years.

Note. A person who voluntarily frees a kidnapped person is exempt from criminal liability unless his actions contain another crime.

Commentary on Article 126 of the Criminal Code of the Russian Federation

1. Kidnapping is the unlawful taking (capture) of a living person with subsequent forced detention. The establishment of a criminal offense for kidnapping (1993) was due to the growth of these offenses both in Russia and throughout the world.

2. The main object of criminal encroachment is the personal freedom of a person, meaning that within the Russian Federation everyone is provided with freedom of movement, choice of place of stay and residence (Article 27 of the Constitution). An optional object is the health of the victim.

3. The victim can be either a private person or an official. A son, daughter, grandson, granddaughter removed from the environment where they were located by parents (including those deprived of parental rights), grandparents, cannot be victims.

4. The objective side of the crime is expressed in the form of an action - moving the victim against his will from the place where he was, with subsequent restriction of freedom.

5. Kidnapping can be secret, open, committed with the use of violence or the threat of violence, deception, abuse of trust, by taking advantage of a person’s state in which he cannot fully understand the nature of the actions of the perpetrator: kidnapping of a sleeping person who is seriously intoxicated, mentally a patient, a child, a foreigner who inadequately assesses the situation due to lack of knowledge of the language, etc. Often the victim realizes the fact of the abduction later.

6. The new location of the abducted person can be either secret or known to the victim’s relatives or third parties.

7. Kidnapping is a continuing crime. The period of restriction of freedom can be calculated in hours, days, months, years.

8. The crime is completed (by the main team) at the moment the victim moves from the place where he was.

9. The subjective side of the crime is characterized by direct intent. The purpose and motives for kidnapping do not matter for qualification. The most common goal pursued by the perpetrator is to obtain a ransom.

10. The subject of kidnapping is a physically sane person who has reached the age of 14 at the time of the commission of the crime.

11. Qualifying circumstances are the kidnapping of a person committed by a group of persons by prior conspiracy, with the use of violence dangerous to life or health, or with the threat of such violence, with the use of weapons or objects used as weapons, in relation to a known minor, in relation to a woman who is known to the perpetrator to be pregnant, in relation to two or more persons, for selfish reasons.

12. On the concept of a group of persons by prior conspiracy (clause “a”, part 2), see commentary. to Part 2 Art. 35.

13. Repeatability as a form of plurality is excluded from part 2 of the commentary. Articles of the Federal Law dated December 8, 2003 N 162-FZ.

14. Violence dangerous to life or health (clause “c” of Part 2) consists of actual infliction of grave, moderate or minor harm to health, resulting in short-term health disorder or minor permanent loss of general performance, and other actions which at the time of their commission created a real danger to the life and health of the victim (throwing out of a car while moving, being thrown from a height, penetrating wounds that did not cause health problems, etc.).

15. The threat of using such violence (clause “c” of Part 2) can be verbal, written or by demonstrating a weapon. The threat is possible both at the time of the abduction and after the abduction. Violence and threats can be applied both to the kidnapped person and to his relatives or other persons who are preventing the kidnapping.

16. The use of weapons or objects used as weapons (clause "d" part 2) is expressed in the use of firearms, bladed weapons or gas weapons both for actual harm to the health of the victim or other persons preventing the abduction, and for mental impact against these persons by threat, shooting in the air, displaying weapons, etc.

17. Items used as weapons include items specially manufactured or adapted to inflict bodily harm, as well as household items (axe, knife, hammer, etc.) used by the perpetrator to actually cause harm or threaten violence, dangerous to life and health. These items can be prepared in advance or picked up at the scene of the theft. The use of items that imitate weapons is not a qualifying feature (see paragraph 23 of Resolution of the Plenum of the Armed Forces of the Russian Federation No. 29).

18. Kidnapping of a known minor (clause “e”, part 2) means the kidnapping of a person under 18 years of age, if the perpetrator reliably knew about the minority of the victim.

19. The abduction of a woman who is known to the perpetrator to be pregnant (clause “e” of Part 2) may be due to both the pregnancy of the victim and other circumstances. The perpetrator must reliably know about the pregnancy of the abducted person.

20. The abduction of two or more persons (clause “g”, part 2) involves their simultaneous or different abductions, but united by a single intent (clause 5 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of January 27, 1999 N 1). The victims may know each other or be in a family relationship (for example, the kidnapping of a businessman’s wife and child).

21. Theft for mercenary motives (clause "h" part 2) is committed with the aim of obtaining material benefits (repay a debt, pay a reward for subsequent release) or exemption from material costs (destroy a loan agreement, contractual receipt, etc.) .

21.1. Kidnapping for mercenary reasons is accompanied by a demand for money, property, or actions of a property nature as a condition for the release of the kidnapped person. This requirement may be addressed to the victim, his relatives or loved ones. If the demand is addressed to the state, organizations or other persons, then the crime should be considered as hostage taking. Often the thief considers these demands to be legitimate (for example, a demand to repay a debt).

22. About the organized group (clause “a” part 3) see commentary. to part 3 art. 35.

23. A person’s previous conviction for kidnapping, unlawful imprisonment or hostage taking as a special qualifying feature is excluded from Part 3 of the commentary. Articles of the Federal Law dated December 8, 2003 N 162-FZ.

24. Causing death by negligence to the victim (clause “c” of Part 3) means that the perpetrator, choosing one or another method of abduction or subsequent restriction of freedom, did not foresee the possibility of death, but should have and could have foreseen this result of his actions or foresaw, but hoped for real circumstances (vigilance of security, absence of objects in the room that could be used for suicide, etc.) that could prevent the possible death of the victim.

25. Other grave consequences (clause “c” of part 3) may consist of causing serious harm to health, i.e. consequences listed in Part 1 of Art. 111, or mental illness of the victim’s relatives caused by his abduction, causing harm to the health of several persons who prevented the abduction, causing major material damage associated, for example, with the destruction of property of citizens and institutions of any form of ownership.

26. If the kidnapping of a person is accompanied by his murder, the criminal offense occurs under the totality of Art. 126 and paragraph "c" part 2 of Art. 105.

27. Kidnapping of a person, accompanied by a demand for the transfer of money or property as a condition for the release of the kidnapped person, entails a criminal offense in the aggregate for kidnapping (clause “h”, part 2 of article 126) and.

28. In accordance with the note to Art. 126, a person who voluntarily frees a kidnapped person is released from the criminal code if his actions do not contain elements of another crime. This is a special type of active repentance. The motives for the release of a kidnapped person are different: pity and compassion for the victim, fear of criminal justice for the crime committed, etc. It is important that the release be carried out by the offender of his own free will, and not under the pressure of circumstances (for example, in the awareness of the impossibility of further keeping the kidnapped person).

28.1. Almost always, kidnapping is accompanied by the commission of other crimes: causing harm to health, threats of murder or causing grievous harm to health, battery, use of weapons, etc. In such cases, the punishment is imposed for crimes committed by the perpetrator during the abduction or restriction of freedom, and the release of the abducted person should be considered as a circumstance mitigating the punishment.

29. The crime provided for in Part 1 belongs to the category of grave crimes, Parts 2 and 3 - especially grave crimes.

Another comment on Art. 126 of the Criminal Code of the Russian Federation

1. The objective side of the crime is expressed in the actions of capturing (taking possession) and moving a person to another place for subsequent detention against his will. These actions can be carried out either secretly or openly, through the use of violence or other means, such as deception. Battering the victim is covered by the basic elements of kidnapping and does not require additional qualifications.

2. The elements of kidnapping are formal; the crime should be considered completed from the moment of displacement, regardless of the time of detention.

3. The movement of a person for the purpose of committing another crime, for example murder or rape, does not require independent qualification under Art. 126 of the Criminal Code of the Russian Federation. Other cases of movement do not contain elements of a crime, for example, moving a person to another place with his consent, which no one knew about; taking possession and moving one's own child against the will of the other parent (adoptive parent) or other persons with whom he was legally located, provided that the person acts in the interests of the child (Part 2 of Article 14 of the Criminal Code of the Russian Federation).

3. A preliminary conspiracy to kidnap (clause “a” of Part 2 of Article 126 of the Criminal Code of the Russian Federation) presupposes an agreement expressed in any form between two or more persons, which took place before the commencement of actions directly aimed at kidnapping.

4. The use of violence dangerous to life or health (clause “c” of Part 2 of Article 126 of the Criminal Code of the Russian Federation) involves such violence that resulted in the infliction of grave, moderate or slight harm to the health of the victim. The threat of violence presupposes the externally expressed intention of a person to cause death or harm to health of any degree to the victim. The victim can be either the kidnapped person or third parties who prevent the commission of a crime. The timing of the use of physical or mental violence does not matter (it can be used both during the abduction and during the detention).

5. The use of weapons or objects used as weapons (clause "g" of Part 2 of Article 126 of the Criminal Code of the Russian Federation) means the use of any type of weapon classified as such in accordance with Federal Law of December 13, 1996 N 150-FZ “On weapons”, as well as other items with the help of which harm is caused or a threat is created to the victim.

6. Minors mean persons under the age of 18; this fact must be covered by the intent of the perpetrator (clause “d”, part 2 of article 126 of the Criminal Code of the Russian Federation).

7. The abduction of a pregnant woman (clause “e” of Part 2 of Article 126 of the Criminal Code of the Russian Federation) also presupposes knowledge of the perpetrator about this circumstance.

8. In accordance with the provisions of Part 1 of Art. 17 of the Criminal Code of the Russian Federation, the abduction of two or more persons, committed simultaneously or at different times, does not form a set of crimes and is subject to qualification only under paragraph “g” of Part 2 of Art. 126 of the Criminal Code of the Russian Federation.

9. According to paragraph "h" of Part 2 of Art. 126 of the Criminal Code of the Russian Federation qualifies as kidnapping committed for the purpose of obtaining material benefits for the perpetrator or other persons or getting rid of material costs. If the theft is associated with a demand for the transfer of money or other property, then the act should be qualified under the totality of Art. Art. 126 and .

10. If the kidnapping is recognized as committed by an organized group (clause “a” of Part 3 of Article 126 of the Criminal Code of the Russian Federation), the actions of all participants, regardless of their role in the crime, should be qualified as co-perpetrator without reference to Art. 33 of the Criminal Code of the Russian Federation.

11. Other serious consequences include, for example, the victim’s suicide, his mental disorder, etc. If in relation to death the form of guilt can only be careless, then it can lead to other grave consequences - both intentional and careless (clause “c” of Part 3 of Article 126 of the Criminal Code of the Russian Federation).

12. According to the note to Art. 126 of the Criminal Code of the Russian Federation, the conditions for releasing the perpetrator from criminal liability are: a) voluntary release of the kidnapped person; b) the absence of other elements of a crime in the person’s actions.

‹ Chapter 17 of the Criminal Code of the Russian Federation. Crimes against freedom, honor and dignity of the individual
Up

Part 1. Kidnapping -

punished forced labor for a term of up to five years or imprisonment for the same period.

(as amended by Federal Law dated December 7, 2011 N 420-FZ)

Part 2. The same act committed:

a) by a group of persons by prior conspiracy;

c) with the use of violence dangerous to life or health, or with the threat of such violence;

(as amended by Federal Law dated 02/09/1999 N 24-FZ)

d) using weapons or objects used as weapons;

e) in relation to a known minor;

f) in relation to a woman who is known to the perpetrator to be pregnant;

g) in relation to two or more persons;

h) for selfish reasons, -

punished imprisonment for a term of five to twelve years, with or without restriction of freedom for a term of up to two years.

(as amended by Federal Laws dated 02/09/1999 N 24-FZ, dated 12/27/2009 N 377-FZ, dated 12/07/2011 N 420-FZ)

Part 3. Acts provided for in parts one or two of this article, if they:

a) committed by an organized group;

b) has become invalid. - Federal Law of December 8, 2003 N 162-FZ;

c) caused by negligence the death of the victim or other grave consequences, -

are punished imprisonment for a term of six to fifteen years, with or without restriction of freedom for a term of up to two years.

(as amended by Federal Laws dated December 27, 2009 N 377-FZ, dated December 7, 2011 N 420-FZ)

(Part three as amended by Federal Law dated 02/09/1999 N 24-FZ)

Note. A person who voluntarily frees a kidnapped person is exempt from criminal liability unless his actions contain another crime.

Commentary to Art. 126 of the Criminal Code of the Russian Federation

1. Kidnapping should be understood as unlawful intentional actions associated with the secret or open possession (capture) of a living person, removal from his place of permanent or temporary residence, followed by detention against his will in another place. One of the signs objective side This crime is the seizure and movement of the victim for the purpose of subsequent detention in another place.

2. Actions of convicted persons aimed not at keeping the victim in another place, but at committing other crimes against him, exclude qualification under Art. 126 of the Criminal Code.

For example, the court found that the convicts, having beaten M., decided to kill him.

For this purpose, they placed the victim in the trunk of a car and took him to a vacant lot, where they killed him. Then, wanting to hide the crime committed in K.’s presence, they took K. to the forest and also killed him.

Since the actions of the convicts were aimed not at keeping the victims in another place, but at killing them, the Presidium of the RF Armed Forces overturned the court decisions regarding the conviction of the perpetrators under Part 3 of Art. 126 of the Criminal Code and the case in this part was dismissed for lack of corpus delicti.

3. When the kidnapping of a victim with subsequent detention is covered by the intent of the perpetrator and is considered as a way to achieve a criminal result, the act is subject to classification as a set of crimes, for example, demands for ransom from the victim or his relatives for mercenary reasons are subject to qualification as kidnapping and extortion under the relevant parts of Art. . Art. 126 and 163 of the Criminal Code.

4. Kidnapping is considered a completed crime from the moment the person is captured and his movement begins. However, the subsequent retention of the stolen property does not require additional qualifications.

5. Committing a crime against the will of the kidnapped person is a prerequisite for criminal liability. In this regard, the ritual abduction of the bride by the groom in those areas where such a custom exists, with her consent, even against the will of her relatives, is not criminal. An exception is consent to abduction by a minor or other incapacitated person who is not able to fully account for what is happening.

6. Persons who did not directly kidnap a person, but hold him against his will, are liable under the relevant part of Art. 127 CC.

For example, the court found that Trunyakov and Kudinov, assuming that S. and K. were involved in the theft of Trunyakov’s car, beat them, placed them in the trunk of the car and took them from the cafe to Trunyakov’s house, where they placed the victims in the basement.

Trunyakov informed his son T. and watchman E. about the purpose and reason for S. and K. being in his house. Subsequently, E., together with Trunyakov, took part in beating the victims, as a result of which S. died from his injuries. At the direction of Trunyakov, T. and E. loaded the corpse of victim S. into the trunk of a car and put victim K into the car.

On the way, Trunyakov took the victim K. out of the car and shot him in the chest and head. After this, the convicts hid the corpses of the victims.

T.’s actions were qualified under paragraphs “a”, “g”, part 2 of Art. 126 of the Criminal Code, and E. - under paragraph “c” of Part 3 of Art. 126 and part 4 of Art. 111 of the Criminal Code.

The Presidium of the Armed Forces of the Russian Federation established that the actions of the convicts were qualified as kidnapping, committed by a group of persons by prior conspiracy against two persons, unfounded, since they did not directly participate in the seizure of the victims in the cafe and moving them to the house of Trunyakov B. and learned about the commission of the crime after the victims were brought to the house.

Thus, T. and E. did not conspire to kidnap S. and K. and did not take part in their abduction, and therefore cannot be held responsible for the abduction of the victims.

In this regard, the actions of T. and E. were reclassified from clauses “a”, “g”, part 2 of Art. 126 of the Criminal Code at paragraphs “a”, “g”, part 2 of Art. 127 of the Criminal Code, providing for liability for the unlawful deprivation of a person’s freedom, not related to his abduction, committed by a group of persons by prior conspiracy in relation to two persons.

7. Object of crime is personal freedom, and additional objects in a qualified crime can be human life and health.

8. Subject - a sane individual who has reached 14 years of age.

9. Subjective side characterized by direct intent.

10. According to note. to the commented article, a person who voluntarily frees a kidnapped person is exempt from criminal liability unless his actions contain another crime.

This basis for exemption from criminal liability has important preventive significance. Within the meaning of Art. 31 of the Criminal Code, such actions cannot be considered a voluntary refusal to commit a crime, since the crime has already been completed. This independent basis - voluntary release means that the kidnapper, aware of the possibility of further detaining the victim, refuses this and releases the kidnapped person. The motives for releasing the victim are irrelevant. However, such release of the abducted person cannot be conditioned by the achievement by the perpetrator of the criminal result for which this crime was committed.

For example, according to the verdict, D. suggested that his friend S. kidnap L., the minor daughter of the production manager of the flour mill K., for ransom. He told S. information about the financial situation, the composition of K.’s family, the place of study of his daughter, and then persuaded S. to commit a crime. At the direction of D., she entered into a preliminary conspiracy with other persons and, using the information provided by D., fraudulently abducted L.

Then the victim's father was asked to pay a ransom, first in the amount of $500 thousand, and then in the amount of $250 thousand. K. agreed to pay 140 thousand dollars, and the perpetrators agreed to release the kidnapped woman for this amount. Upon receiving the money, D. was detained.

The Judicial Collegium for Criminal Cases of the Armed Forces of the Russian Federation sentenced D. under Parts 4 and 5 of Art. 33, paragraphs “a”, “z”, part 2, art. 126 of the Criminal Code and S. under paragraphs “a”, “z”, part 2 of Art. 126 of the Criminal Code was canceled and the case in this part was dismissed.

The Presidium of the Armed Forces of the Russian Federation, having considered the protest of the prosecutor, found that, having canceled the verdict and dismissed the case regarding the conviction of D. et al. for complicity in kidnapping, S. - for kidnapping, the Judicial Collegium referred to the note. to Art. 126 of the Criminal Code and indicated in the ruling that D. and other convicts agreed for a reward to release L., who had been kidnapped by them, and did so voluntarily, handing her over to her father before D. received the money.

However, within the meaning of the law (note to Article 126 of the Criminal Code), the voluntary release of an abducted person should be understood as such a release that followed in a situation where the perpetrator could continue to illegally detain the abducted person, but granted him freedom.

As can be seen from the testimony of victim K., after the abduction of his daughter, the convicts demanded a large ransom for a month. He did not have that amount of money, and as a result of negotiations he agreed to pay $140 thousand. At the next meeting with the convicts, he showed the money to D., but refused to give it to his daughter before his release and put it in the office safe. A few days later he arrived at work and D. brought his daughter there. When D. tried to take money from the safe, he was detained.

Thus, the convicts released the victim upon transferring money as ransom, i.e. when her father complied with their conditions.

The evidence presented, as well as the circumstances presented, which are essential for the correct resolution of the case, did not receive an assessment by the cassation instance when deciding the issue of the legal qualification of the actions of those convicted of kidnapping, which served as the basis for sending the case for a new cassation review.

Provided in the note. the circumstance that excludes exemption from criminal liability - “if his actions do not contain another corpus delicti” should be understood in such a way that in case of voluntary release of the stolen person the perpetrator is not liable precisely under Art. 126 of the Criminal Code, but not for other crimes committed, for example, in connection with this abduction - causing varying degrees of harm to the health of the victim, vehicle theft, rape, extortion, etc.

Kidnapping is considered a dangerous crime in Russian criminal law. You can be imprisoned for this for a period of five to fifteen years. The specific type and duration of punishment depends on which particular person was kidnapped and under what accompanying circumstances the villain committed it (alone or with accomplices).

Let us examine how the criminal legislation of the Russian Federation interprets this type of violation of individual rights. Let's study the forensic characteristics of kidnapping, the features of the offense and qualifying features.

Article 126 of the Criminal Code of the Russian Federation: content and structure

The text of this article provides a definition of the criminal act called kidnapping. The legislator did not interpret the actions of the criminal, believing that the meaning follows from an unambiguous definition. Kidnapping means forcible deprivation of liberty followed by detention.

The object of the act is personal freedom. Kidnapping directly contradicts the provisions of the Constitution of the Russian Federation. Article 27 of the latter describes the right of citizens to freedom of movement and choice of place of residence at their own discretion. And the kidnapper, by his actions, interferes with the implementation of a constitutional human right. An additional object (optional) is the health of the abducted person, which is at risk.

Article 126 of the Criminal Code of the Russian Federation includes three parts (clauses) characterizing the nuances of criminal acts. According to the tradition of the code, the first paragraph describes a “simple” crime. This is an act without aggravating (qualifying) factors. It consists of restricting the freedom of the victim.

The second paragraph describes a qualified misdemeanor. Its text lists special circumstances that increase the guilt of the criminal. Among them:

by agreement;
use of violence against the victim, including threats of violence;
the presence of weapons or other objects (substances) that can fulfill his role;
abduction of a pregnant woman, a child, or several people at the same time;
selfish intent.

The third paragraph describes particularly qualified personnel. It represents circumstances that further increase the social danger of the offense. The legislator identified two of these:

death of the victim due to negligence (if a person dies at the request of the kidnapper, then murder is qualified);
committed by a gang (an organized criminal community that has jointly committed more than one criminal offense).

Hint: the legislator divided the groups into simple and organized. The former act together only when committing a crime under investigation, and the latter - on an ongoing basis.

Composition of the crime

The criminal legislation of the Russian Federation, like all democratic countries, is built on the principle of standardization of crimes. This involves highlighting the features of an act so that judges apply the same article for similar offenses. The technique involves identifying the following main characteristics:

object (already described above);
subject (who is punished for a crime);
subjective factor (what is the motive of the villain);
objective component (actions of the accused).

Hint: the main characteristics are multivariate. However, they have clear boundaries that make it possible to qualify a particular violation of the law.

Article 126 of the Criminal Code of the Russian Federation describes kidnapping, which can occur under various circumstances. When considering a case, the court highlights the following points:

Age of the suspect. The subject of this type of act is a person who has turned 14 years old. The crime is classified as serious, therefore, the age threshold is lowered (the usual one is 16 years). In addition, a sane person is sent to trial. And in relation to minors, the provisions of the third paragraph of Article 20 of the Criminal Code are applied - the level of development not related to diagnosed illnesses is taken into account.
The kidnapper's motive. Intentional actions are considered criminal. This means understanding that while detaining a person the law is being violated, the suspect’s awareness of guilt. People are often kidnapped for ransom.
Objective characterization consists of clarifying the actions of the suspect during the kidnapping. The act is aimed at restricting the personal freedom of the victim and can be carried out using various methods. However, the basis is to remove the victim from family and friends, restoring interference with his movement at his own discretion.

For information: the offense is considered completed at the moment when the victim is taken from the location.

For example, divorced spouses cannot agree on a mode of communication with their common son. The mother does her best to prevent the father from meeting his young son. A man driven to despair takes his son from kindergarten without warning and takes him to his home, without informing his mother about the boy’s whereabouts. The court may recognize such behavior as the abduction of a child under certain circumstances (the presence of a determination of the child’s place of residence with his mother, a ban on communication with a minor issued by a court, etc.).

Kidnapping methods vary. A crime can be committed openly or secretly. Attackers use deception, trusted relationships, even family ties. Criminals often take advantage of the victim’s infirm state (temporary or permanent). A person can be kidnapped during sleep (natural or caused by special means). There are cases when criminals use alcohol so that the victim cannot accurately understand what is happening. Other circumstances in which the victim is not aware of the nature of the evildoers' actions are as follows:

mental illness;
lack of knowledge of the language (a foreigner is in a foreign country);
young age and others.

During the abduction, a person is moved (transported, moved, transferred) to another place. This can be secret or open to a certain circle of people. As a rule, the latter include close victims from whom ransom is demanded: money, services, transfer of ownership, etc.

The crime is classified as ongoing. Often the victim is held from several hours to days, months, years.

What punishment is provided by law?

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Criminal liability for the act is described in Article 126 of the Criminal Code. It depends on the presence/absence of qualifying factors. Thus, for kidnapping (ordinary) there are two types of punishment. The villain may be sentenced to forced labor or imprisoned. The term of both sentences is up to five years.

A qualified criminal offense is punishable more seriously. These are acts that have the characteristics listed in the second and third paragraphs of the article. If weapons were used during the kidnapping, the punishment is provided exclusively in the form of imprisonment. The period for this is determined by the court after examining all the circumstances. The legislation makes it possible to determine the period of imprisonment from five to twelve years. A kidnapper who encroaches on the freedom of a child, several people or a pregnant woman, who uses or threatens violence, or who demands a ransom, is also punishable.

Article 126 provides for the most severe punishment for kidnapping committed by a gang (organized criminal community). The law allows the court to impose imprisonment on criminals for a period of six to fifteen years. At the same time, the role of each gang member in committing a criminal act is clarified.

It is also worth considering how much they give for kidnapping if. The law allows a criminal to be imprisoned for up to fifteen years. The inquest will determine the cause of death of the victim. The perpetrator will only be charged with kidnapping if he did not wish for the death of the kidnapped person, but it happened due to negligence. For example, if the person being held suffered from a disease, he needed immediate help, which the kidnapper was unaware of. In a different situation, the villain is accused under two articles of the Criminal Code of the Russian Federation: kidnapping and murder.

In addition, the code allows the judge to apply an additional measure to the kidnapper. In the article, for a qualified crime, the main measure is to sentence the kidnapper to restriction of freedom for a period of up to two years. The convicted person serves this sentence after being released from prison. It is assigned due to the particular social danger of the offender. For example, a repeat offender - a person who has kidnapped a child for the second or third time.

Hint: the exact punishment the kidnapper will receive is decided by the court.

During the investigation, it becomes clear whether the suspects have committed other crimes. If such a circumstance occurred, then the punishment is assigned based on the totality of guilt. And if there are mitigating circumstances, the punishment is reduced.

Can a kidnapper escape punishment?

The legislator accompanied the text of Art. 126 of the Criminal Code of the Russian Federation with a comment. It describes a situation in which there is no criminal liability for kidnapping. So, if the villain releases the victim voluntarily, then the law frees him from prosecution. The motive of the perpetrator is not considered. It could be pity or fear of punishment. However, the actions of the criminal offender must still be assessed by the court. Release from prosecution occurs if no other crime is found in the behavior of the accused.

Last updated - December 2019

Almost every day, law enforcement agencies register reports of missing people. In most cases, the search ends successfully, but sometimes the disappearance is due to the commission of illegal actions against the missing person. One possible criminal act in such situations may be kidnapping.

It begins with the chapter of the Criminal Code of the Russian Federation on crimes encroaching on intangible values, primarily on a person’s physical freedom, personal integrity, guaranteed by the Supreme Law of Russia and international acts. Responsibility for kidnapping is established by Art. 126 of the Criminal Code of the Russian Federation.

Kidnapping from a criminal legal point of view

Any crime must have 4 components, different for each specific criminal act. Without at least one component, it is impossible to hold someone accountable.

Kidnapping is no exception; these elements for liability to arise must be:

Subject- the one who commits a crime. The 14-year-old citizen who committed it is subject to criminal liability for kidnapping. The legislator considered that at this age a person is mature enough to understand the harm caused by this act. In addition, the person must be of sound mind.
Subjective side- This is the attitude of the criminal to the actions committed. For liability to arise, the abduction must be committed with direct intent. This means that the criminal is quite clearly aware of what he is doing, what dangerous consequences his actions may entail for society, and wants them to occur.
Object- These are social relations that are harmed by crime. In the case under consideration, this is the freedom of a specific victim or victims in its physical expression. Abduction may have additional objects - property, health, life of the abducted person or his loved ones.
Objective side– these are the very actions committed by the offender that define the crime.

According to the comments to the article, kidnapping is secret or obvious removal of a person against his will from the place where he is located or his usual habitat, followed by movement to another place with the purpose of keeping him there.

Features during qualification

The law somewhat differentiates responsibility for committing a completed and an unfinished crime.

To kidnapping was considered completed, and for the culprit there was full responsibility, no negative consequences were necessary. The crime is over already from the beginning of the movement of the victim after the seizure.

All other actions with the victim, committed after the abduction, for another purpose - demand for ransom, violence, deprivation of life, etc., are assessed according to other norms of the Criminal Code of the Russian Federation.

For example, a person is kidnapped, for whose release the criminal demands money. In this case, he commits kidnapping with a mercenary motive and extortion.

When bodily injuries are caused during the abduction, they are not additionally qualified under article o.

If the goal is not the kidnapping itself, but another crime, the actions are assessed only according to the article that establishes responsibility for it.

For example, a man was captured to be killed in a deserted place where his life was taken. Such actions are assessed only as, additionally under Art. 126 of the Criminal Code of the Russian Federation does not qualify them.

Some details of the action:

Anyone can become a victim. Taking possession of the body of a deceased person is not kidnapping in relation to Art. 126 of the Criminal Code of the Russian Federation.
The period during which the victim was detained in order to assess the act under Art. 126 of the Criminal Code of the Russian Federation does not matter.
Detention of a person after abduction separately under Art. 127 of the Criminal Code of the Russian Federation is not considered as unlawful deprivation of liberty.
Keeping a person where he is, for example, in his home, is not kidnapping.
Kidnapping with the consent of a person, its staging cannot form part of the analyzed crime. For example, the ritual abduction of a bride with her consent.
Approval of one's abduction by a minor or other person who is not aware of his actions cannot be regarded as consent.
The consent of the victim, obtained by deception, is not taken into account when he independently, of his own free will, goes to the place of detention, without realizing it.
Grasping without the purpose of holding a person elsewhere constitutes a compound.
Anyone who holds a kidnapped person by other persons will also only be liable under Art. 127 of the Criminal Code.
According to the norm under consideration, the facts of abduction of a child by a parent or relatives are not considered abduction if, in their opinion, even if incorrect, they do this following the interests of the child.

Punishment for kidnapping

The degree of responsibility for kidnapping increases in direct proportion to the danger of this act to society.

Kidnapping without aggravating circumstances will be a simple offense and is punishable by forced labor or imprisonment for up to 5 years.

Liability that is more stringent than simple liability is established by the second part of Art. 126 of the Criminal Code of the Russian Federation. She cites signs indicating a more cynical attitude of the criminal towards his crime.

Qualified according to the second part of Art. 126 of the Criminal Code of the Russian Federation there will be kidnapping in relation to:

a minor whose age was reliably known to the offender;
a pregnant woman, when the perpetrator was aware of her situation;
two or more people.

Also, to be qualified, it must be perfect:

Two or more persons who agreed on a crime in advance, that is, by a group of persons by prior conspiracy.
Dangerous to the health of the victim and his life with violence, or with the threat of using it. Damage to the health of the abducted person from mild to severe will be dangerous.
With weapons, with objects that were used as weapons.
For selfish reasons.

If the qualifying criteria are met, the punishment is imprisonment within the range of 5-12 years. The court has the right to additionally impose a restriction of freedom of up to 2 years.

The third part of the article defines liability for kidnapping under even more dangerous conditions for society:

The commission of a crime by a stable community united for illegal activities. Such a community is called an organized criminal group, or OCG for short.
Death and other serious consequences resulting from the abduction. These consequences can include mental and severe physical illness.

Kidnapping with special characteristics entails loss of freedom from 6 to 15 years with or without an additional up to 2 years.

Release from liability

Despite the severe liability, the legislator has provided for the opportunity to avoid punishment under certain conditions. This was done, on the one hand, in order to minimize the consequences for the victim, and on the other, to enable the erring citizen to realize his act and correct it as far as possible.

The conditions under which the perpetrator may not be punished are indicated in the note to Art. 126 of the Criminal Code of the Russian Federation:

voluntary release of the victim;
absence of other crimes committed by the kidnapper.

Release can be assessed as voluntary when the kidnapper had the opportunity to continue his criminal actions, but decided to release the victim. Why he decided this is not important.

A situation where a criminal releases a kidnapped person after fulfilling the conditions of release, for example, transferring money, even when he was unable to receive it, for example, was detained, is not considered voluntary release.

Difference from unlawful imprisonment and hostage taking

The Criminal Code of the Russian Federation contains two acts that at first glance are similar to kidnapping - unlawful deprivation of liberty and hostage taking. Even though the elements are similar, the differences in them are significant.

This is precisely the reason why the legislator established liability for their commission under different articles, within different limits.

Difference from unlawful deprivation of liberty lies in actions. During deprivation of liberty, the victim is not moved anywhere; he is held physically or by threats where he was. In addition, liability under this standard is possible from the age of 16.

The difference with hostage taking is in the object, that is, in what relationships in society are harmed. If, when a person is kidnapped, the object is the freedom of a specific person, then the taking of a hostage encroaches on public safety, and the freedom of the hostage is an additional object.

The goals of these acts also differ significantly. In the first case, the goal is to kidnap a person, all other actions are other crimes. In the second, to achieve compliance with the criminal’s demands as a condition for the release of the hostage.

What to do if a person is kidnapped

Often the fact that a person has been kidnapped, that is, a crime has taken place under Art. 126 of the Criminal Code of the Russian Federation, it is almost impossible to establish initially. It is possible to correctly assess the act of the perpetrator under this article after all the circumstances have been established.

About the signs kidnapping, we can talk, for example, when the kidnappers approached the relatives to indicate the conditions for release.

Most often, all that is immediately clear is that the person has disappeared, is not in contact, or something happened to him. And to establish how this happened is a task for law enforcement officials.

Where to go

Missing statements or, as law enforcement calls it, missing persons submitted to the police department. It would be better if it was a department in the place from which the victim disappeared. The possibility of submitting an application to any police department is not excluded.

There are no reasons why an application may not be accepted. The interdepartmental instructions on this issue indicate that such messages are accepted and registered regardless of how long ago, where the person disappeared, the availability of information about the place of residence, the completeness of personal data, photos, or information about previous cases of disappearance.

Conducting checks and investigating criminal cases of kidnapping falls within the competence of investigators of the Investigative Committee - the Investigative Committee, therefore a statement about the disappearance of a person can be written to its territorial department.

How to write an application correctly

The application for kidnapping is addressed to the head of the police department to which the applicant is applying, and contact information is indicated. It is drawn up in a simple form; there are no special requirements for the content of such an appeal. The main thing is to describe the event that became the basis for the appeal, to state a request to search for the missing person.

Information boards in police department control rooms usually contain examples of the most common statements.

The application to the Investigative Committee is drawn up in the same way, only it is addressed to the head of the territorial department of the Investigative Committee.

What happens after you submit your application?

After registering such a message, the applicant is asked a number of questions, the purpose of which is to restore the circumstances of the person’s disappearance and to understand whether they indicate a crime. This is necessary to put forward versions of the loss.

If the established circumstances of a person’s disappearance indicate that he has been kidnapped, a report of an unknown disappearance received by the police department is transferred to the territorial division of the Investigative Committee (IC) for conducting a pre-investigation check and subsequently making a procedural decision.

An exchange of information has been established between the Investigative Committee and the police on the unknown disappearance of citizens. We can say that investigators of the Investigative Committee carry out procedural checks and investigate criminal cases, collecting evidence, and police officers accompany the inspection and investigation of the case, carrying out operational search activities.