Comment to Article 126. Unlawful imprisonment of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan
1. Unlawful deprivation of liberty of a person not related to his abduction, -
is punishable by restriction of liberty for a term of up to three years, or by arrest for a term of three to six months, or by imprisonment for a term of up to three years.
2. The same act committed by:
a) a group of persons by prior agreement;
b) repeatedly;
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 obviously pregnant for the perpetrator.;
g) in relation to two or more persons;
h) for selfish reasons;
i) using the material or other dependence of the victim, -
is punishable by imprisonment for a term of up to five years with or without confiscation of property.
3. The acts provided for in the first or second parts of this Article, if they:
a) perfect by an organized group;
b) committed for the purpose of exploiting the unlawfully deprived (deprived) of liberty;
c) negligently caused the death of the victim or other grave consequences, -
are punishable by imprisonment for a term of ten to fifteen years with or without confiscation of property.
The object of the crime is a person's personal freedom. An additional object is human life and health.
The objective side of the crime is expressed in the illegal detention of a person against his will in a place where he was or where he came voluntarily, and his subsequent isolation.
Forms of deprivation of liberty are such as the detention of a person in the place where he was at his discretion (room, office) so is the placement of the victim in another place where he does not want to be and from where the exit is not free for him (in a cellar, barn, etc.).
Unlike kidnapping, which is always associated with the capture of the victim and subsequent detention in isolation, in the case of unlawful deprivation of liberty, there is no removal from the environment where the victim was of his own free will, but his free exit from this environment (premises) is restricted by freedom of movement.
The period of time of the victim's unlawful imprisonment does not affect the qualification of this act.
Unlawful deprivation of liberty can be expressed in both action and inaction, committed with the use of violence (tying, handcuffing to a battery, etc.), threats, deception, and nonviolent means.
There is no illegality if the deprivation of liberty is completely under circumstances that exclude the criminality of the act: necessary defense, extreme necessity, causing harm during the detention of the person who committed the crime, etc.
Criminal imprisonment takes place against the will of the victim. The corpus delicti is excluded in cases where the victim consents to the restriction of his freedom.
The crime is considered completed from the moment of actual imprisonment.
The subjective side of the crime is characterized by direct intent, the perpetrator is aware that he is unlawfully depriving the victim of freedom against his will, and desires it. The motive for this crime may be revenge, greed, hooligan motives, and others.
The subject of the crime is a sane individual who has reached the age of 16. Violation of the right to personal freedom by officials does not fall under the criteria of the crime in question. Officials are criminally liable for unlawful imprisonment by using their official position under Article 346 of the Criminal Code (Knowingly unlawful detention, detention or detention).
Qualified types of the composition of the crime in question are provided for in Part 2 of Article 126 of the Criminal Code, which applies if unlawful deprivation of liberty has been committed.:
a) a group of persons by prior agreement;
b) repeatedly;
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 obviously pregnant for the perpetrator.;
g) in relation to two or more persons;
h) for selfish reasons;
i) using the material or other dependence of the victim.
Part 3 of Article 125 of the Criminal Code provides for particularly qualifying forms of deprivation of liberty: a) committed by an organized group; b) committed for the purpose of exploiting an unlawfully deprived person; c) negligently caused the death of the victim or other grave consequences.
The qualifying features provided for in Parts 2 and 3 completely coincide with the corresponding features of parts 2 and 3 of Article 125 of the Criminal Code, which are discussed above.
The crimes provided for in Parts 1 and 2 of art. 126 of the Criminal Code of the Republic of Kazakhstan are crimes of moderate severity. The crime provided for in Part 3 of Article 126 of the Criminal Code of the Republic of Kazakhstan is a serious crime.
Commentary from 2007 to the Criminal Code of the Republic of Kazakhstan from the Honored Worker of Kazakhstan, Doctor of Law, Professor, Academician of the Kazakhstan National Academy of Natural Sciences BORCHASHVILI I.Sh.
Date of amendment of the act: 08/02/2007 Date of adoption of the act: 08/02/2007 Place of acceptance: NO Authority that adopted the act: 180000000000 Region of operation: 100000000000 NPA registration number assigned by the regulatory body: 167 Status of the act: new Sphere of legal relations: 028000000000 Report form: COMM Legal force: 1900 Language of the Act: rus
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