It’s no secret to anyone that recently in Russia events of this kind, such as kidnapping, occur very often. And mainly in relation to some dignitaries or children. It is known that kidnapping is a criminal offense. But what measures are provided in each case? It is difficult to give an exact answer - many factors play a role here. Nevertheless, generally accepted punishments in the Criminal Code of the Russian Federation take place. Thus, it is possible to have a general idea of the abductions, as well as what follows after the captor is caught.
Process
Before this, however, it is worth figuring out what kind of action we will be dealing with. What is kidnapping? It is not always clear what can be meant by this. In general, this process involves the removal of a person from his everyday environment through deception or violence. All this is accompanied by keeping him against his will outside his usual place of residence. In general, if someone is somehow "pulled out" of an ordinary way of life, hidden and held in a particular room / place where the citizen did not live - this is called abduction.
Nothing difficult, right? True, when a person does not resist and himself expresses his desire to disappear and be in an unknown place, such behavior cannot be called abduction. Rather, it is a conspiracy or imitation. But not a real kidnapping.
Please note: usually for the return of a citizen, kidnappers are asked to perform certain actions. This can be the provision of a vehicle, cash payments, and so on - anything. Nevertheless, the abduction of a person (Criminal Code of the Russian Federation) is punishable by law. How exactly?
On its own
The simplest thing that can only be met is punishment in the form of forced labor. It turns out that the kidnapper is able to "get off" with ordinary labor, but without fail. In this case, the punishment will last a maximum of 5 years. The exact figure is called by the court after the investigation.
The abduction of a person (article of the Criminal Code 126) also provides for imprisonment. Only it is impossible to frighten it especially. Indeed, in comparison with any other, more serious act, the offender will have to serve only 5 years. Exactly as much as forced labor.
Practice shows that quite often these two punitive measures are combined with each other. That is, for 5 years the kidnapper will be behind bars and forcibly take part in various works that will be assigned to him.
Collusion
True, rarely does anyone agree alone to kidnapping a person. Therefore, situations in which there is a preliminary conspiracy between people are much more common. It can be friends or strangers in general. Nevertheless, the punishment will be more severe than in the first case, when only one person acts.
Abduction of a person (Article 126) is punishable criminally. In the form of imprisonment. And if we are talking about a preliminary conspiracy between people, then each participant is entitled to from 5 to 12 years in prison. Plus, for 2 years you can still earn restriction of freedom. Also a very common option in judicial practice.
Violence and weapons
Often the crime itself is carried out using violence, as well as using weapons. Such a clause is provided for in Art. Criminal Code of the Russian Federation "Kidnapping". To be honest, it does not have any significant differences with the previous version. That is, in case of conspiracy or in the event of the abduction of someone with a weapon, as well as violence (or with threats of the use thereof), the same punishment is imposed.
We are talking about long-term imprisonment with its subsequent restriction. In the first case, the offender faces from 5 years (up to 12), in the second - a maximum of 24 months. Moreover, punishment is possible both with restriction of freedom and without it. But imprisonment in itself is laid. And it will be realized in any situation. That is what the Criminal Code of the Russian Federation says.
Women and children
The legislation in Russia protects women and children especially severely. Nevertheless, when the abduction takes place, the gender and age of the victim do not matter much, the punishments are not too different from each other.
As soon as it comes to the fact that a woman (including a pregnant woman) or a minor child was abducted, the degree of punishment of the attackers is no different from cases involving violence, threats, and also when several people conspired with each other. It turns out that in this situation, again, you can lose your maximum freedom for 12 years and still earn yourself its restriction for a period not exceeding 2 years. Thus, in most cases the punishment will be the same. Unless with child abduction and women can be assigned, say, the maximum, and in ordinary conspiracy or with the participation of weapons - for several years, the "lattice" is less. Only the court can make a final decision.
Self-interest
The abduction is not always committed with a mercenary motive. But if there is such a place, then appropriate punishment will be imposed. The abduction of a person (Article UK 126) provides for a slight clarification in this regard. If the act occurred only with selfish motives, then the punishment is assigned in the form of a five-year imprisonment. And with its subsequent 2-year restriction, depending on the court decision.
It turns out that in most cases you can really expect the same punishment for such a crime. This is a long imprisonment with the possibility of its further restriction for a not too long period. True, exceptions to the rules also occur. Kidnapping (Article 126 of the Criminal Code) is also considered taking into account the consequences of the act. In some cases, “getting off” with the above punishments will not work.
Organization
For example, in cases that involve the preliminary conspiracy of several persons. But here we are no longer talking about a simple team, but about some kind of grouping. Moreover, the nature of the punishment does not change - imprisonment. They can plant violators (each of them) for a period of 6 to 15 years. Depending on the overall assessment of the situation.
The abduction by an organized group or after a preliminary conspiracy by several persons is a rather fine line. It turns out, if you prove that the action was not committed by the organization, but simply, for example, by friends, you can avoid serious punishment. This practice is also found in the courts. In any case, the kidnappers, in order to mitigate the punishment, very often try to prove that they are not an organized group.
Death and harm
Almost all the points of article 126 of the Criminal Code of the Russian Federation have been fully considered. It remains to find out what threatens the kidnapping, when during the incident the life and health of the victim are inflicted grievous harm or even death (death).
There is nothing essentially new here. After all, the measures applied to organized groups, including in the event of the death of the kidnapped or causing him serious harm, are the same. The culprits will be punished by imprisonment of up to 15 years inclusive. And after that a restriction for several years will be imposed on it, the limit here is 2 years.
In principle, if you pay attention to the practice, then in the case of abductions with serious harm (harm to health) or at the death of the victim, the most severe punishment is imposed for each guilty person. No one can escape punishment. After all, abduction is not so easy to challenge. Almost impossible.
Exemption
What to do with those for whom there are no other violations, but these citizens participated in the abduction, and then sharply “changed their minds” and returned the victim to the usual environment? According to the law, such people are exempted from criminal liability. But only when there are no other violations. The practice is very rare, usually it only softens the punishment.
But any innocent person who voluntarily released the victim will not be held liable. Only for violations that he had previously. There is no such? Then you can listen to the warning and live on calmly.
Kidnapping (Criminal Code of the Russian Federation) is a phenomenon that entails serious consequences. The abductors, as you see, can be punished quite seriously. But if you turn to practice, it is not always possible to achieve justice. Sometimes the kidnappers get what they wanted, and then disappear. And to find them is almost impossible. Rarely has anyone been investigating a kidnapping with a happy ending for a long time. Therefore, it does not always work out as it should be.
Nevertheless, if the abductors come across, they will be assigned such educational measures that would correspond to the degree of violation. As has already been noted, in some cases the maximum penalty is imposed, but somewhere you can do small. But be sure - the kidnappers will certainly serve their time. Yes, for good behavior they can be released ahead of schedule. But this is a completely different conversation, and has nothing to do with article 126 of the Criminal Code of the Russian Federation. Pay attention to the fact that different circumstances influence the court decision. And depending on them, the accused will be charged with a certain punishment. Very often, the abduction is not the only article by which the perpetrators are tried.
