Very interesting and useful for many is Art. 126 of the Criminal Code. She talks about situations in which a person is abducted. More precisely, on the punishment of perpetrators after their capture. There are many nuances to consider. Unambiguous punishment for abduction by personal assumption cannot be imposed. After all, circumstances play a huge role in this matter. The composition of Art. 126 of the Criminal Code does not provide specifics for each case of abduction. It only indicates possible punishment measures for the abductors, reflects the minimum and maximum laid down for violation human freedom. It is important to know and remember them.
What is abduction
Just what are we talking about? Kidnapping - what's this? What process can be considered as such by law? After all, not in all situations the loss of a citizen is an abduction. Sometimes people simply hide or adjust events so that no one can find them.
The abduction of a person is the removal of him from his usual habitat and keeping him outside the usual housing against his will. It can be carried out both with the use of violence, and through deception, tricks and other tricks. In any case, if a person was somehow "removed" from his usual life and kept somewhere, then this is an abduction. As a rule, it has some motive or purpose. The abductors, for example, establish the conditions for the release of the captive. A very common and common case.
Some clarifications
Note to Art. 126 of the Criminal Code of the Russian Federation points to several very important points that should be taken into account before the investigation is conducted. The thing is that, according to the law, a preliminary conspiracy of a missing person with other people in order to obtain some benefit from his disappearance cannot be considered as abduction. That is, a rigged abduction cannot be considered real. And it is punished according to the norms of Art. 126 of the Criminal Code will not.
Also, under this crime can not be implied a ritual. For example, the abduction of a bride at a wedding. Or any other "theft" of a person from religious or national customs. Such an act is not a prohibition. And it is not punished under the Criminal Code.
In the modern world, it is generally accepted that kidnapping in itself is self-serving. As already mentioned, the action is performed for the sake of some benefit. Most often this is receiving money from relatives and friends of the abducted person. As you can see, in Art. 126 of the Criminal Code of the Russian Federation, the corpus delicti is directed and has many clarifications. They should be known so that, for example, they do not begin to raise panic due to religious custom.
Start
Let's start to study the article. It all starts with a description of perhaps the simplest situation. When it comes to kidnapping one person. In this case, he is entitled to the lightest punishment. Of course, if there were no aggravating circumstances. Just kidnapped and held outside the house against the will. Without weapons, threats and other nuances.
So, forced abduction relies on kidnapping. They will last as long as the court says, but no more than 5 years. Honestly, this practice is extremely rare. Indeed, it is understood here that the abduction was carried out without collusion, the use of violence or threats, as well as without other aggravating circumstances. This is not the only measure that has a place to be. What else is a thief supposed to do?
Behind bars
For example, imprisonment. Prison is a fairly serious punishment, which is provided for in the Criminal Code. True, the term in certain cases varies. Kidnapping (Article 126 of the Criminal Code of the Russian Federation) is punishable by imprisonment for several years.
If we turn to the specifics, we can see that the law is written - up to 5 years.That is, abduction is punishable by a maximum of five years in prison. Not too harsh punishment. But if you take into account many factors, then often this period is more than enough. In judicial practice, there is still a combination of imprisonment with forced labor.
Conspired
The abduction of a person (Article 126 of the Criminal Code of the Russian Federation) is punished more severely by conspiracy. Here we are talking about such an option, as simply a preliminary agreement between certain people. A common option in Russia and not only. Part 2 of Art. 126 of the Criminal Code of the Russian Federation already offers rather stringent measures for such an act.
Forced and other types of work lose their relevance. Instead, there will now be either restrictions, or imprisonment, or a combination of both. If the abduction is committed by prior conspiracy, you can go to jail for 12 years. The minimum, as it is not difficult to guess, is 5. Restriction of freedom in any case (if assigned), it lasts for a maximum of 2 years.
Weapons and violence
It is also worth paying attention to some other points of Part 2 of Art. 126 of the Criminal Code. For example, what will happen when there has been the use (or corresponding threats) of a weapon, as well as violence?
It doesn’t matter how many people are among the kidnappers now: one or more. The fact remains: the punishment will be appropriate. True, it does not differ from the previous version. All the same restriction of freedom for 2 years (which may not be assigned), as well as the mandatory deprivation of it for 5-12 years.
Children, groups of people, women
The abduction of a person (Article 126 of the Criminal Code of the Russian Federation) may be complicated by the fact of committing an action against a group of people (more than 1 person), a minor child or woman (special attention is paid to pregnant women). These are aggravating circumstances.
They, as in all past cases, are punished. And, of course, in a similar way. Only judging by practice, it is precisely the biggest punishments that rely precisely on the abduction of several people, children or women. That is, it is more likely that imprisonment for 12 years will be assigned, as well as its restriction to 5. Although, according to the law, the punishment is no different from the options with conspiracy or use (threats) of weapons or violence.
Organization
Not so easy to carry out the abduction. The composition of Art. 126 of the Criminal Code of the Russian Federation also has a part that stipulates punishment for organized action. More precisely, when it comes to an organized group of people - an organization or an association.
In such a situation, all participants are punished with imprisonment of 6-15 years. And, of course, they can then be assigned a restriction of freedom. Dates should already be clear - 2 years. In principle, abduction by an organized group is not such a rare occurrence. And it is found in judicial practice very often. It is most often combined with threats and weapons.
Death and liberation
The last thing you should pay attention to is the cases when after the abduction there follows serious harm to the health of the victim or even his death. And what happens if someone frees the captive on their own?
In the first case, criminal liability will ensue. It is exactly the same as with the actions carried out by an organized group. That is, you can end up in jail for many years. Maximum for 15 years, minimum - for 6. Plus restriction of freedom.
What will happen to the one who releases the kidnapped? If we are talking about a participant in the crime, then he will only receive a "plus sign" in his address. Such an act is regarded as a mitigating circumstance. But if just an outsider releases the captive, then there will be no criminal liability for the abduction. This should not be feared. Kidnapping, as a rule, has many consequences that affect the choice of the measure of punishment.
