Article 127 of the Criminal Code. Unlawful deprivation of liberty
Imprisonment of a person against his will is a criminal atrocity, sanctions for which are contained in art. 127 of the Criminal Code. The unlawful deprivation of a person’s liberty is not connected with his abduction, that is, the person remains at his place of residence, but cannot freely move and communicate with other people.
The placement of a citizen in a temporary detention center for the period of investigation with respect to him is not considered an atrocity, because these actions are carried out by law enforcement agencies within the framework of the law.
What you need to know
If one person illegally deprives another citizen of freedom, then this is regarded as an atrocity and is punishable under art. 127 of the Criminal Code. In this case, the face does not move anywhere from where it is located. A person can simply be locked in the room, thereby depriving him of his freedom of movement and action. This act is considered completed at the moment when the attackers made their intention, in other words, against the will of the citizen, isolated him from society.In determining the qualification of the act, the purpose and motive of the committed meaning will not be.
Not considered an act
Isolation of a person and his placement in a pre-trial detention center during the preliminary investigation is not considered to be a wrongful act, but only if the court has chosen a preventive measure for him in the form of detention.
In addition, it is not considered a crime to detain a person suspected of a crime by police officers. In this case, it is not necessary to talk about illegal deprivation of liberty, therefore, there are no signs of atrocity, the punishment for which is specified in Art. 127 of the Criminal Code of the Russian Federation, will not be here.
The corpus delicti in this case will be formal, because the act is considered completed at the moment when the person was subjected to unlawful deprivation of liberty. Art. 127 of the Criminal Code provides for such an act rather severe sanctions. The signs here will be as follows:
- The subject is only a sane person, whose age is not less than sixteen years.
- The object is directly the very right of a person to freedom of movement and actions that were restricted by the intruder.
- The subjective side is expressed only by direct intent, because the offender thoughtfully wanted to isolate the citizen from society, thereby causing him harm.
- The objective side is characterized by the unlawful deprivation of the affected liberty. That is, a person is held in the place where he was at will until the implementation of an evil intent by another person.
Pairing with another act
In practice, it often happens that before it is illegal to isolate a person from society and deprive him of his liberty, attackers first commit another crime - kidnapping. The latter is characterized by the fact that a person is taken from one place and forcibly transported to another, and then closed in a certain room and held there. Thus, two acts are committed at once: the abduction and unlawful restriction of human freedom. Sanctions for these crimes are contained in Art. 126, 127 of the Criminal Code.
Art. 127 of the Criminal Code of the Russian Federation indicates that for the illegal retention of a person against his will in a room or building a certain punishment is provided. So, as regards the first article, the attacker faces:
- restriction of liberty for a period of up to two years;
- forced labor for the same period of time;
- arrest from three to six months;
- isolation from society for up to two years.
These sanctions are quite serious. In addition, the punishment is imposed on the guilty, even if he thus wanted to make a joke on the victim without pursuing a certain intent to harm him.
The crime can be committed:
- by several people in a planned arrangement;
- in relation to a teenager or a woman in a position (of which the perpetrator knew);
- with the use of weapons or violence, cruelty;
- in relation to two or more people.
Guilty may face punishment in the form of forced labor up to 5 years or a prison term for a period of three to five years. These sanctions are prescribed in Art. 127 of the Criminal Code. If these acts were committed by an organized criminal group or caused the careless death of the victim, then the punishment here will be only in the form of isolation from society for a period of four to eight years.
Unlawful deprivation and restriction of a person’s freedom is a criminal crime for which the crime code punishes. This act is not associated with abduction.It is considered complete at the moment when a person or people have already been restricted in freedom of movement and communication against their will, without moving to another place (this will be considered as an objective side). Art. 127 of the Criminal Code of the Russian Federation imposes the assignment of a certain punishment to the guilty for the deed, it can even be in the form of imprisonment.
The young man invited the girl to his house for tea. The latter accepted the offer of the guy and came to his apartment. After some time, the man began to pester his girlfriend and wanted to have an intimate relationship with her, but the woman refused him. Then the guy decided to teach the girl a lesson and closed her in the apartment for the whole day. The latter could not get out of there, he closed the door outside, the handle did not turn, there was no phone to call the police, the woman did not have it with him.
So she spent the whole day until the man came and opened it. The girl went to the police. Law enforcement authorities filed a case against a young man on the fact of unlawful imprisonment. Art. 127 of the Criminal Code of the Russian Federation threatened him even with imprisonment up to two years. At trial, the man admitted his guilt. The judicial authority sentenced him to one year conditional.