In view of the fact that soon part of the Lifehacker.ru team will leave for the Asian wintering for 2 months, an interesting article on Wired on how to behave during abductions came into my view. Bright scenes from the Bangkok Hilton immediately surfaced in my memory and immediately it became somehow uncomfortable. I perfectly understand that such films are full of silly stereotypes, but it's still worth being safe.
The listed rules of conduct will be useful not only to those who decided to take a chance and look into all corners of Africa, but also to those who decided to completely immerse themselves in the culture and life of the inhabitants of Egypt and even Turkey (we somehow managed to get to Istanbul in the area where Kurds live - it is better to bypass him).
Chapter 31. investigation into the abduction
These consequences include: causing major property damage, ruining the company of the victim, his suicide, etc. Purpose and motives of the abduction. A person who decides to commit such an act may be guided by different motives and act on the basis of various motives:
The abduction committed solely out of personal hostility and with the aim of causing maximum harm to the victim.
What is kidnapping from the point of view of jurisprudence in rf?
Not only a thing can steal. Forensic experts have noted that in recent years, more and more people are becoming objects of abduction in Russia. And such an act applies to crimes against personal freedom.
Or call us by phone: +7 (499) 450-50-74 (Moscow) +7 (812) 407-26-30 (St. Petersburg) It's fast and free! Features of the crime This crime is distinguished by some specificity and subtleties. Abduction can at times be like hostage-taking - ransom demand, violent restraint.
However, there are a number of differences (discussed separately).
Kidnapping: what punishment does a criminal face?
Exemption from liability is possible if the abducted person was the organizer of the abduction, while pursuing his own goals. In the event that the kidnapper voluntarily releases his captive, he can also avoid punishment.
Of course, this rule only applies if there is no other corpus delicti in the actions of the offender (rape, torture, bullying, harm and the like). The motives of the kidnapper who decided to free his captive may be different:
- frank repentance of the deed,
- pity for the kidnapped person
- unwillingness to harm him,
- fear of persecution, punishment, etc.
How to prevent an attempted abduction
All these motives are in no way able to influence the qualification of the crime, with the exception of selfish motives. What liability and punishment for kidnapping is provided for? The court issues a verdict to the accused, based on the following circumstances:
- The offender will receive up to 5 years in prison if the crime is unqualified. Forced labor may be a more facilitating punishment if the severity of the crime is negligible.
- If the crime, on the contrary, is serious and is particularly cruel, the accused will be given up to 15 years in prison.
- When it comes to part 2 of article 126, the convicted person faces a prison term of 6 to 12 years, together with an optional restriction of liberty of up to 24 months.
Voluntary release of the abducted person In some cases, when the accused releases the abducted person, criminal liability may be removed from him.
Composition of the crime for the abduction of 126 UK rf
According to her, the punishment is provided for persons who committed the abduction as follows:
- with the use of violence, which may harm the victim, as well as be dangerous to his life. This also includes threats about the possible use of such actions. Often these are injuries of mild or moderate severity to the person during the abduction. It is also worth understanding that the relatives of the victim may be in danger. Under certain circumstances, they are also subjected to violence by intruders,
- the use of items that can be used as a weapon or the weapon itself, for example, gas, firearms or cold,
- the crime is committed by several people who work according to a previously prepared plan.
Article 126 of the Russian Federation "kidnapping"
You should not confuse such atrocities with illegal imprisonment. And we will start by telling you what article for the abduction is provided for in the Criminal Code of the Russian Federation. Legislation The 126th article of the Criminal Code of the Russian Federation is devoted to kidnapping.
The article is divided into three parts, the first deals with crime without qualifying features. The second and third aggravated circumstances are listed.
There is a special reservation that practitioners bring. It refers to cases when parents or other relatives take a child in some harmless way (according to the ideas of the "abductors" - in the interests of the latter).
In such cases, there will be no qualification under article 126.
- There are false abductions. The allegedly captured person actually helps criminals get a ransom.
Evidence may be the testimony of a witness who became a participant or observer of an event that affected the clarity of reason and mental state of the kidnapper.
- Abduction of a minor. A crime that was committed against a child, that is, a person under the age of majority.
At the same time, the offender was aware that his victim was under 18 years old.
Abductions what are the goals
How one crime differs from another is discussed below. The objective and subjective side of the crime The objective side of the abduction is always a specific action, that is, removing the victim (without his permission) from the place where he stayed before the abduction, as well as moving him to some other place with further retention.
The manner in which the abduction was carried out does not matter for the qualification of the criminal act. The subjective side is the direct and selfish intent with which the crime was committed. The crime can be called a person’s freedom, as well as his health and life. The subject is a criminal who does not suffer from serious mental illness, is capable and responsible, has reached the age of fourteen.
- Criminals act secretly and try not to advertise the fact of the abduction. If a ransom is required, then only relatives of the person who has been abducted are informed about this.
Georgian political scientist Gela Vasadze answered Yenicag.Ru questions. Gela Vasadze - Mr. Vasadze, please comment on the abduction of the Azerbaijani journalist Afghanistan Mukhtarli in Tbilisi ... - The arrest of Afghanistan Mukhtarly, it is clear that the matter is dark and dirty.
But let's evaluate the political implications of this case. The non-governmental sector and the opposition are extremely painful not only demanding an investigation from the government, but also directly blaming it.
Mass media form a negative image of Azerbaijan in Georgia. The West has also expressed its utmost concern. What do we have in the dry residue? In the bottom line, we have a conclusion - whoever stands behind this case, the ultimate goal of these people was to strike at Georgia, Azerbaijan and Georgian-Azerbaijani relations. I am absolutely convinced of this.
The current version of the page has not yet been verified by experienced participants and may differ significantly from the version checked on March 13, 2013, checks require 40 edits. The abduction request is redirected here, see also other values.
There are other meanings to this term, see kidnapping (meanings). Arrested kidnappers in Rio de Janeiro lie on the ground Abduction of man
kidnap “kidnap”) - illegal intentional actions aimed at secretly or openly, or by means of deceit, the capture of a person, his removal from the natural microsocial environment, moving from his place of residence with subsequent retention in addition to his will in another place. For the most part, it is committed out of mercenary motives and is aimed at obtaining ransom from relatives or close to the abducted persons, as well as forcing these persons to carry out the actions necessary for the abductors.
Talk to people who have already been to the country you are planning to visit.
Before a risky trip, talk with people who have already been to these places. It is one thing to read something in the guidebooks, and quite another to hear the story firsthand. In addition, it would not hurt to take an interest in the political weather in the country, as well as local customs.
Another security option may be papers that prove your identity, with a huge number of seals and signatures. They can convince the kidnappers that you are too important a person to kill you. True, this does not always work.
The punishment for this crime is established by Art. 126 of the Criminal Code.
Object of assault the culprit is human freedom. It can be limited only by a court decision. For example, place a criminal under arrest or imprison.
Objective side - these are specific actions that an attacker committed. The abduction may be open or secret. For example, the victim could be stunned and kidnapped, or tricked into a room.
Subjective side - this is the attitude of the offender to his illegal actions. An attacker always has intent - to kidnap a person by accident is impossible by definition.
The sanction under the article for the abduction faces from 14 years. This is due to the particularly dangerous nature of this act.
Characteristic Abduction Signs
Such a crime includes the following elements:
- moving a person against his will,
- forced retention.
There are various ways to limit freedom. If the criminal committed one of the following actions, the punishment for him will be tightened:
- threatened with weapons or objects that act as weapons,
- used violence
- kidnapped a pregnant woman of whose position he knew
- limited the freedom of two or more persons.
The abduction of a person is always committed against the will of the victim and includes its movement.
The motives of the criminal may be different. Often there is their combination - a desire to cash in on the suffering of people, revenge, personal hostility.
However, when imposing a sentence, only self-interest matters. It is considered an aggravating factor. If this motive is established, the maximum level of imprisonment for an attacker will double.
Kidnapping is a medium-gravity crime, and when revealing special qualifying circumstances it is grave.
The crime is considered completed from the moment when the kidnapper illegally seized the victim and began to move him. In this case, it does not matter whether the attacker managed to deliver the victim to the destination or not.
If the combination of circumstances, the resistance of the victim or the intervention of other persons prevented the invader from completing his plan, the crime is considered unfinished.
Also in the Criminal Code of the Russian Federation there is the concept of preparation for a crime. This means that the attacker found, manufactured or adapted tools for his needs, found accomplices, created all the conditions for the abduction, but could not finish what was started to the end due to circumstances beyond his control. For this, he faces no more than half the maximum period provided for by Art. 126 of the Criminal Code.
If, after the abduction, the culprit releases the victim by voluntary decision, he will escape punishment.
What will be the punishment for trying to abduct a person?
It is appointed taking into account the provisions of Art. 66 of the Criminal Code. In the absence of aggravating circumstances, the criminal is threatened:
- forced labor up to 3 years and 9 months,
- imprisonment for the same term.
In the presence of any qualifying circumstance, punishment may be imposed only in the form of imprisonment. However, when you try, the terms are reduced by at least 3/4. For example, the maximum period of imprisonment for attempted kidnapping for ransom is 9 years.
The sanction for attempted abduction is more lenient - in the amount of 3/4 of the stipulated in Art. 126 of the Criminal Code of the Russian Federation.
How is kidnapping different from hostage taking?
The two crimes are very similar in many ways, but the sanctions for them vary significantly.
Consider the features of hostage taking:
- Selfish purpose
A criminal restricts a person’s freedom in order to force a state, legal entity or individual to take any action. A typical example is a bank robbery. The robber, being trapped, takes the hostage and demands that the police allow him to leave the premises and leave the crime scene.
- Retention method
Victims are held where they were taken hostage. Upon abduction, the unlawful movement of a person against his will is a mandatory sign.
- The nature of the abduction
Capture of citizens is always pronounced open. Criminals often rely on the attention of law enforcement officers and the press to publicly state their demands. Moreover, only a limited list of subjects becomes aware of the abduction.
Hostage-taking is a more dangerous crime, and therefore the punishment for it is much stricter.
During the capture, attackers often threaten to harm the victim if their requirements are not met.
When abducted, this can also be. For example, when a ransom is demanded for a stolen child. However, the negative consequences must occur by negligence and are not included in the original intent of the offender.
Responsibility for hostage-taking occurs under Art. 206 of the Criminal Code. A criminal can get up to 20 years in prison or even a life sentence.
What is the term for kidnapping if the offender releases the kidnapped?
Although this is a serious crime, the kidnapper may be exonerated. This is stated in Art. 31 of the Criminal Code of the Russian Federation on a voluntary refusal of a crime.
Thus, the state encourages violators to abandon malicious intent and bring the plan to the end. But liberation from persecution is not always possible.
Sanction does not threaten only if signs of other illegal actions are not revealed. For example, if the kidnapper beat the victim and then released, then he will be punished.
If an attacker kidnapped the victim and illegally held it, and then released it of his own free will, he will not be punished.
Persons who did not directly participate in the abduction, but who led the actions of the attacker, can also be exonerated.
The organizer and instigator do not expect punishment if they promptly informed law enforcement authorities about the crime, which prevented the performer. An accomplice will not be punished if he has taken measures to prevent the abduction.
If their actions did not lead to the prevention of crime, the punishment for them will be milder. The court will consider their actions as mitigating factors.
If a person escaped from captivity, the kidnapper will be punished to the fullest extent of the law.
If your loved one was kidnapped, do not mess with intruders. Contact the police. By taking some action alone, you can only harm the stolen.
Be careful and use common sense
If you are going to countries where the average monthly income of the main part of the population is close in value to your camera, try not to shine with expensive things. For example, expensive equipment (a camera with a lens-gun on his stomach), expensive clothes or jewelry. Try not to dress smartly so that you can mix with the crowd. It would also be nice to learn a few phrases in the local language in order to navigate at least a little in what is happening around. Women are better off avoiding overly open and defiant clothes and keeping a respectful distance from local male representatives (especially in Muslim countries).
How to kidnap people
Retrieved January 20, 2012.
- ↑ Facts about Kidnapping.Free Legal Advice. Retrieved January 9, 2011. Archived May 21, 2013.
- ↑ SITUACIÓN DE LAS VÍCTIMAS CAUTIVAS DURANTE EL PERIODO 1996-2005 (PDF) (inaccessible link - history). Retrieved January 20, 2012.
- ↑ Mexican police linked to rising kidnappings, LA Times (Aug 5,2008). Retrieved January 10, 2011.
- ↑ Statistics: Missing children.National Center for Missing and Exploited Children. Retrieved January 9, 2010. Archived May 21, 2013.
- ↑ http://mvd.ru/upload/site1/document_file/vlXMMRlab8.pdf
- ↑ Kidnap and ransom market value.
Always carry at least a small amount with you
Хуже грабителя может быть только расстроенный или разозленный грабитель. Если он не найдет при вас ничего ценного, то может очень огорчиться и от расстройства просто пырнуть вас ножом. Поэтому лучше носить с собой хотя бы 100$, которые в качестве цены за вашу жизнь лично для вас ничего не стоят, а вот для вора это может быть целым состоянием. But it’s better to keep valuable documents (passport, rights, cards, etc.) in a separate wallet or in a place where the robber is unlikely to get in after looking at your wallet with money.
Conquer the captors
If this happened already and you are still kidnapped, try to win their favor - this can save your life. Most security companies advise abductees to make contact with their abductors. Try talking to them about sports, families, maybe religions. If they see in you not just a thing for which you can get a ransom, but a person, you will have a much better chance of a happy ending.
take care of yourself
Do not refuse the food and water that the captors bring to you. If you are sitting in a room without windows, listen to the sounds outside the room - you can determine the situation and time of day from them. Keep yourself awake with exercise. If you are not locked up alone, talk with other prisoners, participate in the preparation of an escape plan, listen to everything around. So you will have more chances to remain intact and find out the reason and motives for the abduction.
Be alert to warning signs.
Have you been abducted for ransom or for political reasons? What do your captors want from you and do you have what they require? If your plans include your murder, then their behavior will change dramatically. They can start to be rude to you, stop feeding you. If you notice these warning signs, it’s best to hurry up and try to arrange an escape.
Stay away from the guards
It's one thing to watch movies in which all the hostages are saved. And another thing is to be in a real situation. Rescue operations are always very stressful, so at such moments it is better to stay away from people with weapons in their hands. Your captors can use you as a human shield, or decide to kill all the remaining hostages from hopelessness. It is better to lie on the floor, put your hands behind your head and not make sudden movements so that rescuers do not make a mistake, mistaking you for a criminal. If you have the opportunity to hide at some table or climb into the bathroom - it is better to use it.
This may seem ridiculous for those who are accustomed to standard tourism in hotels such as All Inclusive, but situations are different and now it is quite difficult in the world to find a place where it would be completely calm (a train station explosion in Madrid, explosions in hotels in Turkey and Egypt, etc.) .d.). So it’s better to familiarize yourself with local rules and customs before any trip, take an interest in the political situation in the country and observe elementary rules of courtesy.