Illegal deprivation of liberty Article 127. The theory of everything

1. Illegal deprivation of a person’s liberty, not related to his abduction, -

shall be punishable by restriction of freedom for a term of up to two years, or forced labor for a term of up to two years, or arrest for a term of three to six months, or imprisonment for a term of up to two years.

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;

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, -

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

3. Acts provided for in parts one or two of this article, if they were committed by an organized group or caused by negligence the death of the victim or other grave consequences, -

shall be punished by imprisonment for a term of four to eight years.

Commentary on Article 127 of the Criminal Code of the Russian Federation

1. Unlike kidnapping, during unlawful deprivation of liberty, the victim is not captured, not taken from his environment, not abducted, but remains in place, but is limited in movement. Qualifications of the actions of the perpetrator under Art. 127 of the Criminal Code is not required if his intent was not aimed at deprivation of liberty, but at the use of violence during the robbery (BVS RF. 2007. N 7. P. 23; 2008. N 3. P. 21).

2. The objective side of the crime is expressed in the commission of actions consisting of a real deprivation or restriction of the personal freedom of the victim, not related to his abduction. The victim is illegally, forcibly, against his will, held in the place where he himself had been voluntarily before, and is deprived of the opportunity to move at his own discretion. For example, a person is locked in his own house, apartment, office, closet, basement, etc.; tied up and kept in any room; left on the island so that he cannot leave it on his own, etc.

3. Certain difficulties are presented by cases when the victim is not isolated; he is not, as it were, deprived of the opportunity to move at his own discretion, but does not do this under the influence of a threat of murder or harm to health expressed to him. Such a ban under threat of murder should also be considered unlawful deprivation of liberty.

4. The crime is considered completed from the moment the person is actually deprived of his freedom, regardless of the length of time the victim has been in this state.

5. If a person is deprived of his liberty with his consent, but is subsequently detained against his will, then the perpetrator must be held liable for unlawful deprivation of liberty. Keeping someone else's lost young child and refusing to hand him over to his parents should be considered as deprivation of his freedom. Liability is excluded in cases where parents carry out coercive educational measures in relation to their minor children.

6. The subjective side is characterized by direct intent.

7. The subject of this crime is a private person who has reached the age of 16 years. Officials are responsible for exceeding official powers (Article 286 of the Criminal Code) or for crimes against justice - illegal detention, detention or detention (Article 301 of the Criminal Code), issuing an illegal court sentence to imprisonment (Part 2 of Art. 305 CC). Additional qualifications under Art. 127 of the Criminal Code is not required (BVS RF. N 4. P. 19).

8. Qualifying features of Parts 2 and 3 of Art. 127 of the Criminal Code coincide with the qualifying features of Parts 2 and 3 of Art. 126 of the Criminal Code, except that in Part 2 of Art. 126 of the Criminal Code there is no sign of an act being committed for selfish reasons and there is no indication of a threat of violence (clauses “c”, “z”, part 2).

9. If other crimes are committed during unlawful deprivation of liberty, then the offenses are classified in their entirety. For example, if deprivation of liberty is accompanied by extortion, then such actions form a set of crimes provided for in Art. Art. 127 and 163 of the Criminal Code.

Illegal deprivation of liberty (Article 127 of the Criminal Code of the Russian Federation).

Object of the crime:

• generic – social relations in the field of protection;
• specific - social relations in the sphere of protecting freedom, honor and dignity of the individual;
• direct - social relations that develop regarding the realization by a person of his natural freedom of residence and movement and ensuring the security of freedom as the most important social good;
• direct additional - social relations ensuring the safety of life and health of the victim (in qualified crimes - part 2, 3 of article 127 of the Criminal Code of the Russian Federation).

Victim– any living individual.

Disposition part 1 art. 127 of the Criminal Code of the Russian Federation is blanket, since it describes the crime by indicating the illegality of the actions of the subject (illegal deprivation...). General provisions regarding possible lawful deprivation of liberty are contained in Art. 5 of the European Convention for the Protection of Human Rights and Fundamental Freedoms of November 4, 1950, according to which no one may be deprived of his liberty except in the following cases and in accordance with the procedure established by law:

1. lawful detention of a person by a competent court;
2. the lawful detention or detention (of) a person for failure to comply with a lawful order of a court or for the purpose of securing the fulfillment of any obligation prescribed by law;
3. the lawful arrest or detention of a person for the purpose of bringing him before the competent authority on reasonable suspicion of having committed an offense or when there are reasonable grounds for believing that it is necessary to prevent him from committing an offense or from escaping after having committed it;
4. the detention of a minor under a lawful order for educational supervision or his lawful detention for the purpose of bringing him before the competent authority;
5. the lawful detention of persons for the purpose of preventing the spread of infectious diseases, as well as the lawful detention of the mentally ill, alcoholics, drug addicts or vagrants;
6. the lawful detention or detention of a person to prevent his unlawful entry into a country or of a person against whom action is being taken for his deportation or extradition.

Along with this, it can be stated that there are other circumstances that eliminate criminal liability for depriving a person of freedom. In particular, deprivation of liberty cannot be considered a crime when a citizen exercises the right to detain a person who has committed a crime in a state of extreme necessity, in necessary defense, or in the execution of an order or instruction; there are no grounds for prosecution in cases where deprivation of freedom of movement is a reasonable measure applied by parents or persons replacing them in relation to children or pupils for the purpose of their upbringing; The voluntary consent of the victim excludes the illegal nature of deprivation of liberty.

Objective side crime is expressed by an act in the form of active actions aimed at depriving the victim of freedom.

According to current legislation under imprisonment is understood as the illegal deprivation of a person’s freedom of movement in space and communication with other people, his choice of location. Deprivation of freedom of movement does not necessarily imply complete immobilization (tying up) of the victim. According to its socio-legal characteristics, unlawful deprivation of liberty is a violent crime. The use or threat of use during unlawful deprivation of liberty of violence that is not dangerous to life or health (beatings, other violent actions causing physical pain, but not causing slight harm to health), as well as the threat of using violence dangerous to life or health (including the threat murder or causing grievous bodily harm) is fully covered by the crime under Part 1 of Art. 127 of the Criminal Code of the Russian Federation, and does not require additional qualifications in the aggregate.

Mandatory characteristics of the objective side of the composition- absence of signs of kidnapping, which implies the absence of the fact of capture and movement of the victim in space. In case of unlawful deprivation of liberty, the victim is limited in freedom of movement or within his usual habitat (his house, apartment, office, etc.); or his freedom is limited in a new, unusual place for him, where he arrived on his own, and not under the influence of violence, threats or deception.

Corpus delicti is formal, the crime is over at the moment when the perpetrator actually deprived the victim of freedom of movement and the victim realized this circumstance.

Subjective side characterized by direct. To correctly qualify the crime, it is important to establish the direction of the perpetrator’s intent. If deprivation of liberty acts as one of the forms of violence against the victim in a situation where the intent was not aimed at deprivation of liberty (but at seizing property, using violence during a robbery, murder, etc.), the qualification of the act under Art. . 127 of the Criminal Code of the Russian Federation is impossible.

Motives and goals unlawful deprivation of liberty can be anything (revenge, facilitation or concealment of the commission of another crime, etc.) and do not affect qualifications.

”, mean criminals and punishment for them. However, there are cases when a person ends up in captivity without any trial. And this is not at all the beginning of a terrible fairy tale, but an equally terrible crime.

Features of the crime

There are three similar crimes - and simply unlawful deprivation of liberty. In all cases, attackers deprive a person (people) of the opportunity to decide something, do something, or go somewhere of their own free will.

In all cases, the victim submits to the criminals. Often, there is no possibility of freeing oneself or being saved. And yet these crimes are different from each other. It is no coincidence that a separate article (127th) in the Criminal Code is devoted to the crime in question. We will talk about the differences between kidnapping and unlawful deprivation of liberty and other related offenses below.

The following video will tell you in more detail about the features of such a crime as unlawful deprivation of a person’s liberty:

Concept and characteristics

Unlawful deprivation of liberty is detaining a person somewhere, including tied up, against his will. At the same time, the goal of the criminal is precisely to retain, to show his power. This is usually done out of jealousy and revenge.

• At the same time, the person is not a hostage, because the criminal does not reveal himself and does not make demands on the state (ministries, departments, etc.).
• This is the difference between imprisonment and capture.

What is the difference between imprisonment and kidnapping? In the first case, the victim is not moved. For example, a jealous husband loses his mind so much that he locks his wife in the marital bedroom and becomes a jailer for his own “half.”

In addition, kidnappers often want to obtain a ransom – for example, from the victim’s relatives. A criminal who encroaches on someone’s freedom does not demand anything from anyone.

On the types of illegal deprivation of liberty and the elements of the crime in accordance with Art. Read more about the Criminal Code of the Russian Federation.

This crime has a formal composition. As soon as one person deprives another of the opportunity to move, communicate with other people, or choose a location for himself, the crime is considered over.

• How do attackers achieve their goal? Most often this is misleading (the victim is lured somewhere), as well as physical/mental violence or such.
• The length of time the victim is held is practically irrelevant. There will be no qualification under Article 127 only when the retention lasted an insignificant amount of time and no harm was actually caused.
• The main object of illegal detention is the physical freedom of the victim. But a danger to human health and even human life cannot be ruled out.

For criminologists to talk about illegal detention, it is not necessary to grab or tie up a person. Other examples can be given.

• Let's say a seasonal worker has fulfilled the terms of the contract and must go home. If he is forcibly left in his original place, this is already a crime.
• Another case. Let's say a child got lost, but was found by an adult. If the latter does not take any proper measures and takes the child home, this is also an illegal deprivation of liberty.

An important point: if parents seek to punish their child and do not let them go to the cinema (on a visit, to a school disco), such an educational measure is not a crime. The same can be said about holding for defensive purposes or when arresting a suspect.

Responsibility for unlawful deprivation of liberty under Article 127 of the Criminal Code of the Russian Federation - from the age of sixteen. Only private individuals can be criminals. Misconduct of this kind among officials is classified differently.

We will discuss further the qualifications of this type of crime against personal freedom.

Qualifying signs of unlawful deprivation of liberty

They are set out in the second and third parts of Article 127. The crime is punished more severely if:

• there are several criminals, they act in conspiracy;
• dangerous violence was used against the victim;
• objects similar to weapons, or weapons themselves, were used;
• the victims were two or more people, a pregnant woman;
• if an organized group acted, the victim died as a result of the detainment, or the detainment led to other grave consequences.

The last item in the list refers to particularly qualifying characteristics (3rd part of the article).

Punishment and responsibility

• If there are no qualifying signs, then the court can limit the freedom of the perpetrator, send him to forced labor and even imprisonment. In all cases, the period is within two years. Arrest is also possible (from three to six months).
• If qualified under the second part of Article 127, the period of forced labor increases to five years. Imprisonment can be calculated from three to five years.
• Finally, the only type of punishment - imprisonment - is assigned when qualified under the third part of Article 127. The period lasts between four and eight years.

Read on for examples from judicial practice on unlawful deprivation of liberty.

Arbitrage practice

Example 1. For the minor M., her father’s next alcoholic libations brought serious and terrible consequences. The drunken father attacked his daughter, wrapped a metal chain around her leg and secured her with wire. The second end of the chain was hooked up to the heating radiator.

In court, father M.'s alcoholic intoxication was regarded as an aggravating circumstance. However, M. had a young brother, whom defendant V. supported financially along with his daughter.

The crime was classified under paragraph “e” of Article 127 (crime against a minor). Court sentence: three years suspended prison sentence.

Example 2. Oleg and Sergei often organized alcoholic “get-togethers”. The two men were considered friends in their native village, but there were also quarrels between them.

Another day of “vodka drinking” led to another scandal. As a result, Oleg, waving a poker, literally drove Sergei underground in his one-story wooden house.

When Sergei was inside, Oleg closed the lid of the underground, spread a carpet on top and placed a heavy bench. Sergei lost all possibility of getting out on his own.

The court qualified Oleg’s crime as unlawful deprivation of liberty. The use of the poker as an object that could replace a weapon was also taken into account. Oleg was sentenced to three years probation.

Illegal imprisonment in some cases becomes a truly dangerous crime. As a rule, the victim does not have the slightest chance to prepare for what is happening.

This is why people who have been subjected to unlawful detention need psychological rehabilitation after their release. This approach allows you to survive what happened faster and with less severe consequences.

The video below will tell about another case from judicial practice on the issue of wrongful deprivation of a person’s freedom:

This article talks about Article 127 Part 2 of the Criminal Code of the Russian Federation. What kind of article is this and what could be the consequences? Article 127 Part 2 of the Criminal Code of the Russian Federation is an article that provides for the complete deprivation of illegal detention of a citizen of the Russian Federation, which is in no way connected with the abduction of the victim.

Any deprivation of liberty on an illegal basis, which is not at all related to a possible abduction, can be fully punished in the form of restriction of freedom for up to 2 years, or basic forced labor for up to 2 years, or as arrest from 3 to 6 months. Imprisonment for up to 2 years is also considered (Article 127 Part 2 of the Criminal Code of the Russian Federation).

The main action is provided for, which was committed by one group of citizens, where this issue was also considered by a pre-executed conspiracy, but only at that time could it lose its main force. A criminal act can be carried out using forced treatment, which poses a complete threat to the life or health of a citizen of the Russian Federation. It also provides for a criminal act involving the use of weapons or things that could be used in the form of weapons. In relation to a citizen who has not reached full adulthood. Including in relation to the female sex, who in the meantime was in a position, as well as in relation to several persons. All this will be subject to criminal punishment in the form of forced labor for up to 5 years, imprisonment from 3 to 5 years (Article 127 part 2 of the Criminal Code of the Russian Federation).

Any criminal acts are considered in certain parts. And if the action was committed by one organized group, or their actions led to death due to the negligence of the injured party, including other particularly serious suppression. All this carries criminal liability from 4 to 8 years (Article 127 part 2 of the Criminal Code of the Russian Federation).

Legislative clarifications to Article 127 Part 2 of the Criminal Code of the Russian Federation

The culprit is a criminal offense in violation of the personal freedom of a citizen of the Russian Federation, and in a more qualified format, a criminal conspiracy, which may endanger the life and health of the injured party.

One of the objective parts of this legislation, Article 127 Part 2 of the Criminal Code of the Russian Federation, provides for any deprivation of liberty, which is also revealed in the limited impact of a citizen’s freedom of action in space, as well as in time. Detention of a citizen of the Russian Federation in a specially designated place by means of locking or tying is also considered. Perhaps at this very time there may be a threat of violent influence against the injured party with the use of other violence against him.

The main elements of the criminal act, which is discussed in this same article (Article 127 Part 2 of the Criminal Code of the Russian Federation), are based on a single comparison with the abduction of a citizen of the Russian Federation, and may be completely different from it, since this article is provided for in Art. 126 of the Criminal Code. This should also include illegal detention in a clinic for the mentally ill, discussed in Art. 128 CC. In comparison with them, the same criminal act is carried out without the possible movement of the victim against his will to another place. Deprivation of liberty only on an illegal basis, which is discussed in this article, where it will be necessary to completely limit the possible deprivation of liberty of an illegal format as criminal offenses against justice.

In other cases, unofficial deprivation of liberty, which was committed by a person holding the appropriate position, can be reclassified as an abuse of any authority. The total time for deprivation of liberty on an unlawful basis does not generally have a special factor for the possible implementation of criminal intent. Any existence in relation to the affected person of rights that were included in the legislation on further restrictive actions. For example, the retention of young children by trustees, including the rights of teachers to their students during the educational procedure. Rights are also considered for the possible movement of a car in accordance with the route of any public vehicle, and so on. All this completely excludes the main structure for possible imprisonment.

The culprit is a citizen who has reached the full age of sixteen.

This criminal act is often characterized by direct intent. In comparison with the consequences, so-called in part 3, this article deals with causing harm through negligence, which leads to the death of the victim or other particularly serious consequences. Including negligence in its basic form, such as frivolity. In addition, for the correct determination of the qualifications of any act carried out, it is of primary importance according to the specific direction of intent on the part of the culprit. If there is intent to commit another criminal act through illegal imprisonment.

In this article you learned what Article 127 Part 2 of the Criminal Code of the Russian Federation is. If you have any questions or problems that require the participation of lawyers, then you can seek help from the specialists of the Sherlock information and legal portal. Just leave a request on our website and our lawyers will call you back.

Editor: Igor Reshetov

1. Illegal deprivation of a person’s liberty, not related to his abduction, -
shall be punishable by restriction of freedom for a term of up to two years, or forced labor for a term of up to two years, or arrest for a term of three to six months, or imprisonment for a term of up to two years.

2. The same act committed:
a) by a group of persons by prior conspiracy;
b) the clause became invalid on December 11, 2003 - Federal Law of December 8, 2003 N 162-FZ;
c) with the use of violence dangerous to life or health;
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, -
shall be punishable by forced labor for a term of up to five years or imprisonment for a term of three to five years.

3. Acts provided for in parts one or two of this article, if they were committed by an organized group or caused by negligence the death of the victim or other grave consequences, -
shall be punished by imprisonment for a term of four to eight years.

Commentary on Article 127 of the Criminal Code of the Russian Federation

1. The objective side of the crime is characterized by actions by which the victim is deprived of the opportunity to freely, of his own free will, move in space and determine his place of stay. The main distinguishing feature of unlawful deprivation of liberty from kidnapping is the absence of his movement, i.e. a person is kept in the place where he was previously of his own free will.

The method of committing a crime does not affect qualifications, except in the case of the use of violence dangerous to life or health (clause “c” of Part 2 of Article 127).

2. The law indicates the illegal nature of deprivation of liberty. In the case of legal deprivation of liberty (for example, of a minor based on his interests; with the consent of the victim; as a measure of state coercion), criminal liability under Art. 127 is excluded.

3. The elements of the crime are formal; the crime is considered completed from the moment of actual deprivation of liberty, regardless of the duration of the victim’s detention. At the same time, it is necessary to take into account the provisions of Part 2 of Art. 14 CC.

4. If unlawful deprivation of liberty is a method of committing another crime, for example extortion or rape, then in this case the qualification of the act under Art. 127.

5. The subjective side of the crime is characterized by direct intent.

6. The subject of the crime is a person who has reached the age of 16 years.

7. Qualifying signs (Part 2 of Article 127) and special qualifying signs (Part 3 of Article 127) coincide with similar signs of kidnapping.

The exception is the absence of an indication in Parts 2 and 3 of Art. 127 for selfish motives, as well as paragraph “c” of Part 2 of Art. 127 involves deprivation of liberty using only physical violence, including infliction of light and moderate harm to health. Mental violence is covered by the provisions of Part 1 of Art. 127.

Another commentary on Article 127 of the Criminal Code of the Russian Federation

1. The immediate object of the crime is the personal physical freedom of a person. An additional object may be: the health of the victim and his life.

2. The objective side consists of an act in the form of illegally preventing a person from moving from one place to another, choosing a location and stay at his own discretion, etc. In this case, the victim is illegally, forcibly, against his will, held in the place where he himself was voluntarily before. He may be forcibly isolated and kept in his own home or apartment, unable to communicate with the outside world. The methods of committing this crime can be different: deception, physical or mental violence against the victim, beating him, etc. Mental violence is expressed in the threat of using physical violence against the victim.

Unlike the kidnapping of a person, during unlawful deprivation of liberty the victim is not seized, not taken from his environment, not kidnapped, but remains in the place where he was, but is limited in movement, and in cases of kidnapping of a person and his subsequent forcible detainment, the act constitutes composition of Art. 126 of the Criminal Code and does not require additional qualifications under Art. 127 of the Criminal Code.

3. This is a formal crime and is considered completed when a person is actually deprived of the opportunity to move and move in space at his own discretion. The duration of unlawful deprivation of liberty does not affect qualifications. Depriving a person of freedom on legal grounds - when suppressing a crime, delivering it to law enforcement agencies, in case of extreme necessity and necessary defense - does not form a crime under Art. 127 CC. In cases of illegal deprivation of liberty associated with the requirement to transfer property or the right to property, the act is qualified according to the totality of crimes provided for in Art. 127 and art. 163 of the Criminal Code (extortion).

4. The subject of a crime under Art. 127 of the Criminal Code, can be any person who has reached the age of 16. In our opinion, there is a need to consider the issue of lowering the age of criminal responsibility for committing this crime to 14 years. When committing a crime under Art. 127 of the Criminal Code, an official is liable for a combination of crimes for unlawful deprivation of liberty and for exceeding official powers (Articles 127, 286 of the Criminal Code). In the event of an unlawful arrest, detention or detention (Article 301 of the Criminal Code), or an unlawful court sentence to imprisonment (Part 2 of Article 305 of the Criminal Code), the act does not require additional qualification under Art. 127 CC.

5. The subjective side of the crime in question is characterized only by direct intent: the perpetrator realizes that he is illegally depriving the victim of freedom, and wants this. The motives for the actions of the perpetrator can be different (revenge, jealousy, etc.).

6. In part 2 and 3 art. 127 of the Criminal Code provides for qualified and especially qualified elements of this crime, the signs of which actually completely coincide with Parts 2 and 3 of Art. 126 of the Criminal Code of the Russian Federation.