- General characteristics of crimes against freedom, honor and dignity of the individual
- Crimes against personal freedom
- Crimes against honor and dignity of a person
The chapter is devoted to the analysis of crimes against freedom, honor and dignity of the individual. It reveals the concept of personal freedom, honor and dignity.
The crimes of this chapter are classified depending on the immediate object. When considering the elements of kidnapping (Article 126 of the Criminal Code of the Russian Federation), it is distinguished from the elements of hostage taking, and the difference between unlawful deprivation of liberty (Article 127 of the Criminal Code of the Russian Federation) and kidnapping is shown. When analyzing the composition of human trafficking (Article 127 of the Criminal Code of the Russian Federation), attention is focused on the features of the subjective side of the crime.
The composition of the use of slave labor (Article 127.2 of the Criminal Code of the Russian Federation) is considered as having two main direct objects. An analysis of the composition of slander is given (Article 128.1 of the Criminal Code of the Russian Federation).
General characteristics of crimes against freedom, honor and dignity of the individual
Crimes against freedom, honor and dignity of the individual are intentional acts that infringe on such a natural human right as his personal freedom, as well as his honor and dignity.
The Constitution of the Russian Federation proclaims that “personal dignity (Article 21), human freedom and personal integrity (Article 22) are protected by the state.
The provisions of the Constitution of the Russian Federation correspond to international legal acts - the Universal Declaration of Human Rights of 1948, the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, the International Covenant on Civil and Political Rights of 1966.
One of the ways to implement these guarantees is to establish criminal liability for attacks on freedom, honor and dignity of the individual (Chapter 17 of the Criminal Code of the Russian Federation).
The specific object of the crimes related to this chapter is composite - social relations to ensure the human right to personal freedom, as well as to honor and dignity.
CLASSIFICATION OF CRIMES
Depending on the immediate object, the acts of this chapter can be classified into two groups:
1) encroachments on the physical freedom of a person - kidnapping (Article 126 of the Criminal Code of the Russian Federation), unlawful deprivation of liberty (Article 127 of the Criminal Code of the Russian Federation), human trafficking (Article 127.1 of the Criminal Code of the Russian Federation), use of slave labor (Article 127.2 of the Criminal Code of the Russian Federation), illegal hospitalization in a medical organization providing psychiatric care in an inpatient setting (Article 128 of the Criminal Code of the Russian Federation);
2) attacks on the honor and dignity of an individual - slander (Article 128.1 of the Criminal Code of the Russian Federation).
Provocation to commit illegal actions
Provocation to commit illegal actions and incitement to them are often considered equal, but this is not so and the first differs in the following characteristic features:
- actions on the part of the manipulator are one-sided, that is, the victim does not understand and has no idea about these actions;
- the goal of the manipulator is to involve the victim in committing illegal actions and often the victim does not even suspect that this is illegal;
- the manipulator is not interested in the final result of criminal acts, since he needs to punish the person he provoked.
Crimes against personal freedom
The main object of crimes of this group is the physical freedom of a person, which is understood as freedom of movement in space, choosing a location of one’s own free will.
Kidnapping (Article 126 of the Criminal Code of the Russian Federation).
Objective signs
In qualified squads, in addition to the main one, there may be an additional object - the health and life of the victim. The victim can be any person.
Kidnapping refers to the removal of the victim from his usual microsocial environment (from home, from his place of work or study, from the street, i.e. from the place where he was of his own free will) and movement with the purpose of subsequent detention in another place against his will.
The objective side consists of two mandatory actions - removal and relocation of the victim. The moment of the end of the crime is associated with the commission of the second of them. If the perpetrator, for reasons beyond his control, fails to move the victim, the act should be qualified as attempted kidnapping under Part 3 of Art. 30, art. 126 of the Criminal Code of the Russian Federation.
Abduction can be carried out either secretly or openly, through deception (luring to an unfamiliar place) or using a trusting relationship with the victim. Theft, falling under Part 1 of Art. 126 of the Criminal Code of the Russian Federation, can be committed both with the use of violence that is not dangerous to the life or health of the victim (beating, inflicting pain, tying hands), or the threat of using such violence, i.e. by capture, and without violence (for example, kidnapping baby from the stroller).
The abduction is committed against the will of the person. Thus, the staging of a kidnapping, when it is carried out in agreement with the “victim”, most often in order to obtain a ransom in the interests of both persons participating in the act, does not form part of this crime. Cases of taking and moving a child by parents or close relatives against the will of other relatives with whom the child was, if this is committed in the interests of the child, including false witnesses (Part 2 of Article 14 of the Criminal Code of the Russian Federation) do not constitute an element of abduction.
If kidnapping is a method of committing another crime (for example, murder or rape), the act is qualified according to these elements, qualification in combination with Art. 126 of the Criminal Code of the Russian Federation is not required.
Subjective signs
The subjective side is characterized by direct intent. Motives for an act falling under Part 1 of Art. 126 of the Criminal Code of the Russian Federation, can be any, with the exception of selfish, which is given a qualifying meaning in paragraph “h” of part 2 of this article.
The general subject of the crime is a person who has reached the age of 14 years.
THE DIFFERENCE BETWEEN KIDNAPPING AND HOSTAGE TAKEING
Kidnapping should be distinguished from hostage taking (Article 206 of the Criminal Code of the Russian Federation). The object of kidnapping is a person, and the object of hostage-taking is public safety, therefore, when kidnapping a person, the intent of the perpetrator is directed at a specific person, distinguished by individual characteristics (a competitor in business, a child of certain parents to obtain a ransom). Hostage-taking is characterized by the non-personality of the victim (for example, when hostages are taken on an airplane, the victims are the persons who happen to be in a given place at a given time). When qualifying under Art. 206 of the Criminal Code of the Russian Federation, the very fact of taking a hostage is only a means to achieve another goal - to sow a climate of panic and fear in the state and society in order to force state bodies, organizations or their representatives to take certain actions or refrain from taking them as a condition for the release of the hostage. Kidnapping is usually carried out secretly; when a hostage is taken, the kidnapper's demands are brought to the attention of third parties.
Qualified Species
The commission of kidnapping by a group of persons by prior conspiracy (clause “a” of Part 2 of Article 126 of the Criminal Code of the Russian Federation) involves the commission of a crime by at least two co-perpetrators who have agreed in advance to jointly commit a crime, each of whom has fulfilled at least part of the objective side of the crime (Part. 2 Article 35 of the Criminal Code of the Russian Federation).
The use of violence dangerous to life or health, or the threat of using such violence (clause “c” of Part 2 of Article 126 of the Criminal Code of the Russian Federation) is understood as causing harm to health of any severity (mild, moderate or severe) in the process of abduction the kidnapped person, as well as other persons, for example, those who sought to prevent the kidnapping, or the threat of causing such harm. Qualification under this paragraph of Part 2 of Art. 126 of the Criminal Code of the Russian Federation is necessary both in the case of actual infliction of grievous harm, and in the case of violent actions that are life-threatening at the time of infliction (Article 111 of the Criminal Code of the Russian Federation), but did not result in harm to health, for example, squeezing the neck.
Qualification under paragraph “d”, part 2 of Art. 126 of the Criminal Code of the Russian Federation (the use of weapons or objects used as weapons) is carried out both in the case of the use of the destructive properties of any type of weapon - firearms, cold steel, gas, and in the case of a demonstration of weapons for the purpose of intimidation in the process of abduction. Demonstration of faulty weapons, which the perpetrator was aware of, or models of weapons are not covered by Part 2 of Art. 126 of the Criminal Code of the Russian Federation, should be regarded as a threat of violence dangerous to life or health (clause “c” of Part 2 of Article 126 of the Criminal Code of the Russian Federation).
Objects used as weapons should be understood as any objects that can be used to strike (stick, stone, wrench, bottle, etc.).
To impute clause “d” (kidnapping of a minor) and clause “f” (kidnapping of a woman known to be pregnant by the perpetrator) Part 2 of Art. 126 of the Criminal Code of the Russian Federation requires the perpetrator to be aware of the minority or pregnancy status of the victim.
Committing a crime against two or more persons (clause “g” of Part 2 of Article 126 of the Criminal Code of the Russian Federation) covers both cases of simultaneous abduction of several persons, and the commission of an act covered by a single intent in relation to several persons at different times, as well as committing several acts of kidnapping, when the perpetrator had an independent intent to commit each crime. In all of the above cases, qualification based on the totality is not made.
Kidnapping for mercenary reasons (clause “h” of Part 2 of Article 126 of the Criminal Code) means that the perpetrator intended to obtain material benefits for himself or third parties or to get rid of material costs (kidnap a competitor in order to disrupt a profitable deal, receive payment for the kidnapping) . In cases where the culprit demands a ransom from relatives or other loved ones of the kidnapped person as a condition for his release, qualification is required in conjunction with extortion under paragraph “h” of Part 2 of Art. 126 and art. 163 of the Criminal Code of the Russian Federation.
SPECIALLY QUALIFIED TYPES
The concept of an organized group (clause “a” of Part 3 of Article 126 of the Criminal Code of the Russian Federation) is given in Part 3 of Art. 35 of the Criminal Code of the Russian Federation. The actions of all participants in such a group are qualified without reference to Art. 33 of the Criminal Code of the Russian Federation.
Theft, which through negligence resulted in the death of the victim or other grave consequences (clause “c” of Part 3 of Article 126 of the Criminal Code of the Russian Federation), has a material structure of the composition, is completed at the time of the onset of these consequences, and refers to crimes with two forms of guilt. Death can occur as a result of the actions of the perpetrator (transporting the victim in the trunk of a car, where the latter suffocated) or result from the intentional infliction of grievous bodily harm on the victim (inflicting a knife wound during the abduction, as a result of which the victim died from loss of blood). In both cases, the deed is covered by paragraph “c” of Part 3 of Art. 126 of the Criminal Code of the Russian Federation and does not require qualification in conjunction with Part 4 of Art. 111 of the Criminal Code of the Russian Federation.
Other serious consequences include, for example, suicide of the abducted person, causing him major property damage. If in relation to the death of a stolen person it can only be careless (clause “c” of Part 3 of Article 126 of the Criminal Code), then in relation to other grave consequences - both careless and intentional (for example, by kidnapping a victim for selfish reasons, the perpetrator seeks to ruin him).
The murder of a kidnapped person should be qualified only under paragraph “c” of Part 2 of Art. 105 of the Criminal Code as murder associated with kidnapping. In this case, there is no totality of crimes.
RELEASE OF LIABILITY
In the note to Art. 126 of the Criminal Code of the Russian Federation establishes that a person who voluntarily frees a kidnapped person is exempt from criminal liability if his actions do not contain another crime. Voluntary means the release of the abducted person when the perpetrator realizes that he has the opportunity to continue to hold him. Release that occurs after fulfilling the kidnapper's demands (for example, paying a ransom) is not considered voluntary. If harm is caused to the victim during the abduction, and subsequently upon his voluntary release, the perpetrator is liable only for the harm actually caused.
Illegal deprivation of liberty (Article 127 of the Criminal Code of the Russian Federation). The characteristics of the object of unlawful deprivation of liberty coincide with the object of kidnapping (Article 126 of the Criminal Code of the Russian Federation).
Objective signs
The objective side of the crime consists of illegally detaining a person in the place where he ended up of his own free will (at home, at work, in the forest, etc.) and restricting his freedom of movement. Unlike kidnapping, unlawful deprivation of liberty does not involve moving the victim to another place. If the victim finds himself in a certain place because he was lured there (i.e., by deception), the will of the person is not free, the elements of the analyzed crime are absent, and kidnapping is evident.
Withholding can be made in any way, except for those that are given qualifying meaning. Part 1 of Art. 127 of the Criminal Code of the Russian Federation covers the use of violence that is not dangerous to life or health, and the threat of using any violence.
By design, the composition is formal, the crime is over from the moment the person is deprived of the ability to move.
Subjective signs
The subjective side is characterized by direct intent. Motives do not affect qualifications.
The subject of the crime is a person who has reached the age of 16 years. An infringement on the freedom of movement of a person committed by a special subject (investigator, person conducting an inquiry) using his official position is covered by Art. 301 of the Criminal Code of the Russian Federation.
Qualified Species
Qualifying and specially qualifying signs of a crime coincide with the signs of kidnapping, with some exceptions.
The mercenary motive does not have a qualifying meaning; therefore, unlawful deprivation of liberty for mercenary reasons is covered by Part 1 of Art. 127 of the Criminal Code of the Russian Federation.
The qualifying feature “using violence dangerous to life or health” (clause “c” of Part 2 of Article 127 of the Criminal Code of the Russian Federation) covers only the infliction of light and moderate harm to health. Grave harm requires qualification in conjunction with Art. 111 of the Criminal Code of the Russian Federation.
Clause “c” of Part 2 of Art. 127 of the Criminal Code of the Russian Federation, in contrast to paragraph “c” of Part 2 of Art. 126 of the Criminal Code of the Russian Federation does not contain the sign “with the threat of using such violence”, therefore, the threat of violence dangerous to life or health is covered by Part 1 of Art. 127 of the Criminal Code of the Russian Federation.
Trafficking in persons (Article 127.1 of the Criminal Code of the Russian Federation). The act is a crime of international character. The establishment of criminal liability for its commission represents Russia’s implementation of international obligations on the inclusion of international legal norms in national legislation (implementation), such as the Slavery Convention of 1926, the Convention for the Suppression of the Traffic in Persons and the Exploitation of the Prostitution of Others of 1949, UN Convention against Transnational Organized Crime 2000, etc.
Objective signs
An additional object may be life and health, the normal activities of officials and other persons using their official position to commit a crime, the established procedure for document flow or crossing the State Border of the Russian Federation. The victim is any person.
The disposition of the article is broader than its title, according to Art. 127. The Criminal Code of the Russian Federation qualifies not only trade (purchase and sale) in people, but also the commission of other acts specified in Part 1 of Art. 127. of the Criminal Code of the Russian Federation there are alternative actions, the commission of at least one of which is sufficient to constitute a crime.
Purchase and sale means a transaction for consideration between the seller and the buyer, the subject of which is a living person. The payment can be not only money, but also property services.
Both parties to the transaction bear responsibility.
Other transactions are both compensated and gratuitous transactions, as a result of which a living person is disposed of as a thing: donation, exchange, pledge, etc. Recruitment consists of attracting a person to engage in any activity for a fee. Part 1 of Art. 127. The Criminal Code of the Russian Federation covers non-violent methods of recruitment - persuasion, inducement by threatening to disclose any information, etc. Transportation is the movement of a person from one place to another by any type of transport.
Transfer and receipt involve mediation in the performance of other actions specified in the article (transfer from the seller to the buyer, receipt from the buyer and subsequent concealment of the person). Concealment means hiding the victim from law enforcement agencies and persons interested in his fate.
The crime has a formal composition and is completed at the moment of commission of at least one of the specified actions.
Subjective signs
The crime is committed with direct intent. Responsibility for recruitment, transportation, transfer, concealment and receipt arises only if there is a special purpose - the exploitation of a person. The concept of exploitation is disclosed in Note 2 to Art. 127. of the Criminal Code of the Russian Federation and consists of the use of prostitution by other persons and other forms of sexual exploitation, slave labor (services), and servitude.
The actual implementation of the listed forms of exploitation is not covered by Art. 127.1 of the Criminal Code of the Russian Federation and requires qualification in combination (for example, from Article 127.2 of the Criminal Code of the Russian Federation when using slave labor, from Article 240 of the Criminal Code of the Russian Federation when involving in prostitution, etc.).
The subject of the crime is a person who has reached the age of 16 years.
Qualified Species
Trafficking in persons in relation to two or more persons (clause “a”, part 2, article 127.1 of the Criminal Code of the Russian Federation) and in relation to a minor (clause “b”, part 2 of article 127.1 of the Criminal Code of the Russian Federation), in relation to a woman, known to the perpetrator in a state of pregnancy (clause “and” of Part 2 of Article 127.1 of the Criminal Code of the Russian Federation) are interpreted in the same way as in Part 2 of Art. 126 and part 2 of Art. 127 of the Criminal Code of the Russian Federation.
A person who commits a crime using his official position (clause “c” of Part 2 of Article 127.1 of the Criminal Code of the Russian Federation) means an official, a state or municipal employee, as well as a person performing managerial functions in a commercial or other organization.
The movement of a victim across the State Border of the Russian Federation means both legal and illegal movement across the border. At the same time, illegal movement across the border does not require qualification in conjunction with Art. 322 of the Criminal Code of the Russian Federation. Illegal detention abroad is deprivation of the victim (against his will) of the opportunity to return to Russia (clause “d”, part 2 of article 127.1 of the Criminal Code of the Russian Federation).
Trafficking in persons using forged documents, as well as with the seizure, concealment or destruction of documents identifying the victim (clause “d”, part 2 of article 127.1 of the Criminal Code of the Russian Federation), does not cover their production by the perpetrator himself. In the latter case, qualification is required in conjunction with Part 1 of Art. 327 of the Criminal Code of the Russian Federation.
The use of violence or the threat of its use (clause “e” of Part 2 of Article 127.1 of the Criminal Code of the Russian Federation) means the use of violence, both not dangerous to life or health, and dangerous (infliction of mild and moderate severity), as well as the threat of using any violence .
The purpose of removing organs or tissues from a victim (clause “g”, part 2 of Article 127.1 of the Criminal Code of the Russian Federation) involves the removal of organs or tissues not only for transplantation, but also for conducting scientific experiments, ritual ceremonies, and committing acts of cannibalism. To impute this qualifying feature, it is sufficient that the perpetrator has such a goal. In the case of actual removal of organs or tissues, additional qualification of the act is required under clause “e”, part 2 or clause “a”, part 3 of Art. 127.1 of the Criminal Code of the Russian Federation, depending on the consequences that occurred, and in the event of death - in conjunction with Art. 105 of the Criminal Code of the Russian Federation.
The commission of a crime against a person who is known to the perpetrator to be in a helpless state (clause “h”, part 2, article 127.1 of the Criminal Code of the Russian Federation) is interpreted in the same way as part of murder (clause “c”, part 2, article 105 of the Criminal Code) RF). Financial dependence on the culprit means, for example, being dependent on the culprit, living in his living space, etc. Other dependence can be, for example, family (parents and children), official (boss and subordinate), property (creditor and debtor) nature .
SPECIALLY QUALIFIED TYPES
Trafficking in persons, which through negligence resulted in the death of the victim or other grave consequences, is understood similarly to paragraph “c” of Part 3 of Art. 126 and part 3 of Art. 127 of the Criminal Code of the Russian Federation. However, paragraph “a” of Part 3 of Art. 127.1 of the Criminal Code of the Russian Federation also provides for consequences in the form of grievous harm to health, the infliction of which can be either intentional or careless.
Committing a crime in a way that is dangerous to the life and health of many people (clause “b” of Part 3 of Article 127.1 of the Criminal Code of the Russian Federation) means that when committing actions that form the objective side, a real danger is created for two or more victims (for example, concealment in cramped, poorly ventilated or cold area). This method should be distinguished from the generally dangerous method (clause “e” of Part 2 of Article 105 of the Criminal Code of the Russian Federation), which creates a danger to persons whose harm is not covered by the intention of the perpetrator.
The content of the sign of trafficking in persons by an organized group (clause “c” of Part 3 of Article 127 of the Criminal Code of the Russian Federation) is similar to Art. 126 and 127 of the Criminal Code of the Russian Federation.
RELEASE OF LIABILITY
It is carried out under a combination of the following conditions: 1) the commission for the first time of a crime falling under Part 1 or paragraph “a” of Part 2 of Art. 127.1 of the Criminal Code of the Russian Federation; 2) voluntary release of the victim; 3) facilitating the detection of a crime; 4) absence of other elements of crime in the actions.
Use of slave labor (Article 127.2 of the Criminal Code of the Russian Federation) . The act is a crime of international character. The introduction of this norm into the Criminal Code of the Russian Federation was made on the basis of the Slavery Convention of 1926, the Supplementary Convention on the Abolition of Slavery, the Slave Trade, Institutions and Practices Similar to Slavery of 1956, the UN Convention against Transnational Organized Crime of 2000, etc. Constitution of the Russian Federation establishes (Part 2 of Article 37) that forced labor is prohibited.
Objective signs
The crime provides for two main immediate objects: the physical freedom of a person, as well as the human right to free work, which is guaranteed by Part 1 of Art. 37 of the Constitution of the Russian Federation. An additional object may be life and health, the normal activities of officials and other persons using their official position to commit a crime, and the established procedure for document flow. The victim can be any person.
The objective side is expressed in the use of slave labor, that is, the labor of a person in relation to whom the powers inherent in the right of ownership (possession, use, disposal) are exercised. In this case, the victim is in slavish dependence and, for reasons beyond his control, cannot refuse to perform such work (services).
The elements of the crime are formal in design; the crime is completed from the moment the use of slave labor begins and continues.
Subjective signs
The subjective side is characterized by direct intent.
The subject of the crime is a person who has reached the age of 16 years.
Qualified Species
Committing a crime against two or more persons (clause “a”, part 2, article 127.2 of the Criminal Code of the Russian Federation), against a minor (clause “b”, part 2, article 127.2 of the Criminal Code of the Russian Federation), by a person using his official position ( clause “c” of part 2 of article 127.2 of the Criminal Code of the Russian Federation), with the seizure, concealment or destruction of documents identifying the victim (clause “d” of part 2 of article 127.2 of the Criminal Code of the Russian Federation), is understood in the same way as similar signs of .2 tbsp. 127.1 of the Criminal Code of the Russian Federation.
In the interpretation of the qualifying feature “using blackmail, violence or the threat of its use” (clause “d”, part 2, article 127.2 of the Criminal Code), violence and its threat are understood in the same way as in the context of human trafficking (clause “e”, part 2 Article 127.1 of the Criminal Code of the Russian Federation).
Blackmail is a threat to disseminate information that the perpetrator would like to keep secret.
SPECIALLY QUALIFIED VIEW
The commission of a crime that, due to negligence, resulted in death, infliction of serious harm to the health of the victim or other serious consequences, or by an organized group (Part 3 of Article 127.2 of the Criminal Code of the Russian Federation) is understood in the same way as in Part 3 of Art. 127.1 of the Criminal Code of the Russian Federation.
Illegal hospitalization in a medical organization providing psychiatric care in an inpatient setting (Article 128 of the Criminal Code of the Russian Federation).
Objective signs
An additional object in the qualified composition is the life or health of a person.
The victim may be a mentally healthy person or someone suffering from a mental illness, but placed in a medical organization providing psychiatric care in an inpatient setting in violation of the legally established procedure for hospitalization.
The objective side of the crime is the illegal placement of a person in a medical organization providing psychiatric care in an inpatient setting. The norm is blanket; the legal procedure for the involuntary placement of a person in a medical organization providing psychiatric care in an inpatient setting is provided for in the Law of the Russian Federation of July 2, 1992 No. 3185–1 “On psychiatric care and guarantees of the rights of citizens during its provision.” Psychiatric care in the Russian Federation is provided on a voluntary basis (Article 4 of the Law). Treatment can be carried out without the consent of the person or his legal representative only when compulsory medical measures are applied, as well as in the event of involuntary hospitalization (Part 4 of Article 11 of the Law).
The corpus delicti is formal in design; the moment of completion of the crime is associated with the placement of the victim in a psychiatric hospital or from the moment the cured person is kept there.
Subjective signs
The crime is committed with direct intent.
The subject of the crime is a special one - a psychiatrist with the right to make decisions on involuntary hospitalization.
Other persons, for example, relatives of the victim, guardians, may, in accordance with Part 4 of Art. 34 of the Criminal Code of the Russian Federation to answer only as organizers, instigators or accomplices of a crime.
If a judge makes a deliberately illegal order to hospitalize or further detain a person in a psychiatric hospital, his actions are subject to qualification under Art. 305 of the Criminal Code of the Russian Federation.
Qualified Species
A person using his official position (Part 2 of Article 128 of the Criminal Code of the Russian Federation) means the chief physician of a psychiatric hospital, the head of a psychiatric department, and other officials who, in accordance with their official position, have the right to give orders for placement in a psychiatric hospital.
The occurrence of death due to negligence or other serious consequences (suicide of the victim, serious harm to his health as a result of the treatment applied) are also qualifying criteria (Part 2 of Article 128 of the Criminal Code of the Russian Federation).
Punishment for provocative actions
Responsibility for provocative actions is provided for only by a small number of legal norms of the Code of Criminal Procedure of the Russian Federation. For example, inciting a person to receive a bribe in the form of a sum of money, property assets or securities is qualified by Article 304 as a criminal act.
If it is proven that a citizen used his official position for personal gain, then punishment may be imposed in the form of:
- a fine, the maximum amount of which cannot exceed 200,000 rubles;
- imprisonment for a term of up to 5 years or punishment in the form of forced labor and a ban on holding positions specified in the court decision.
In some cases, a provocateur (manipulator) may be held accountable if there is evidence of complicity in criminal actions as an instigator.
Article 130
Insult is another variant of a crime against the person of the Russian Federation. The essence of the violation is that the actions (or words) of one person humiliate the honor and dignity of another. This can be expressed in a negative assessment that has an indecent form. If the words or actions of a violator are contrary to ethical and moral standards, then regardless of whether he is telling the truth or slandering, he can be prosecuted under Article 130 of the Criminal Code. If the offender uses profanity, but does not insult a specific person, then his actions can be classified as hooliganism (an expression of disrespect towards society).
There is a variant of insulting a person by action. For example, when beating the offender, he intends to humiliate the victim. An insult cannot be unintentional; the subject of such a crime is always a person who had direct intent in advance.
According to Article No. 130 of the Criminal Code, various actions of the offender are classified. Insult can be inflicted personally, as well as in a large crowd of people (in public) or by transmitting derogatory information in the media.
Article 126
Kidnapping is a crime against the integrity of the person. This is understood as the actions of attackers, as a result of which the victim, against his will, falls at their complete disposal. There are different ways to capture a person. The Criminal Code considers both direct violence against a person and deceptive means (in any case, someone else’s will is imposed on a person). Kidnapping is qualified and considered committed at the moment of capture of the victim; further detention falls under another article of the Criminal Code of the Russian Federation.
The preventive measure against violators is significantly increased by the presence of accomplices, danger to the life of the abducted person, the use of weapons, as well as the fact that the victim was a minor or a pregnant woman.
Article 127.1
Human trafficking is a very serious crime, for which liability is also provided in accordance with the Criminal Code of Russia. The object of such an offense is a person who is sold, recruited, transported for further exploitation, and more. For example, a person was hired for work, transported to another place, or handed over to someone for further labor or sexual exploitation. Measures of influence on the object of a crime can be some kind of promises, deception, holding against the will, kidnapping.
The law views the actions of perpetrators differently. For example, if a criminal is motivated by “good” intentions and acts in the interests of the victim, then the social danger of his actions is significantly reduced, which means that the preventive measure will be milder. The situation is the opposite with those whose intentions were selfish, especially if there was more than one victim, they were threatened with death, there was an illegal removal of internal organs or crossing the Russian border.
