The Supreme Court for the first time gave clarifications on cases of kidnapping, illegal imprisonment and human trafficking


Judicial practice under Article 126 of the Criminal Code of the Russian Federation

Resolution of the ECHR dated January 26,
2017 58. On September 9, 2014, 1 investigative body opened criminal case No. 815447 on the fact of the abduction of the applicant on the basis of paragraph “a” of part two of Article 126 of the Criminal Code of the Russian Federation (abduction by a group of persons by prior conspiracy).

Resolution of the Presidium of the Supreme Court of the Russian Federation dated February 28, 2018 N 280P17

By the verdict of the Tver Regional Court dated September 14, 2005, Badalov was convicted of a set of crimes provided for in paragraphs “a”, “c” of Part 2 of Art. 163, paragraph “a”, part 3, art. 126, paragraph “a”, part 3, art. 163, paragraphs “a”, “c”, part 2 of Art. 161 of the Criminal Code of the Russian Federation, in accordance with Part 3 of Art. of the Criminal Code of the Russian Federation to 13 years of imprisonment in a maximum security correctional colony.

Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated 06/07/2018 N 10-APU18-1

- clause “a”, part 2, art. 126 of the Criminal Code of the Russian Federation to 8 years in prison; - clause “c”, part 2, art. 105 of the Criminal Code of the Russian Federation to 15 years of imprisonment with restriction of freedom for 1 year; on the basis of Part 3 of Art. of the Criminal Code of the Russian Federation for the totality of crimes by partial addition of punishments, finally to 18 years of imprisonment in a maximum security correctional colony with restriction of freedom for 1 year with the restrictions and responsibilities listed in the verdict.

Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated May 23, 2018 N 41-APU18-6

- according to paragraph “a” of Part 2 of Art. 126 of the Criminal Code of the Russian Federation for 6 years, - under paragraphs “c”, “g”, part 2 of Art. 105 of the Criminal Code of the Russian Federation for 14 years with restriction of freedom for 1 year 6 months,

Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated May 16, 2018 N 5-APU17-108SP

- convicted under paragraphs “a”, “c” of Part 3 of Art. 126 of the Criminal Code of the Russian Federation for 10 years in prison - under paragraph “a” of Part 3 of Art. 126 of the Criminal Code of the Russian Federation for 9 years of imprisonment - Part 4 of Art. 159 of the Criminal Code of the Russian Federation (as amended by Federal Law No. 26-FZ of March 7, 2011) (in relation to P.) for 8 years in prison,

Resolution of the Presidium of the Supreme Court of the Russian Federation dated 06.06.2018 N 71P18

Convicted: under paragraph “k” of Part 2 of Art. 105 of the Criminal Code of the Russian Federation to 14 years in prison, under paragraphs “a”, “z”, part 2 of Art. 126 of the Criminal Code of the Russian Federation to 7 years in prison, under paragraph “a” of Part 2 of Art. 158 of the Criminal Code of the Russian Federation to 3 years 6 months of imprisonment, under Part 1 of Art. , part 3 art. 162 of the Criminal Code of the Russian Federation to 6 years in prison, under paragraphs “a”, “c”, “d”, part 2 of Art. 163 of the Criminal Code of the Russian Federation to 5 years in prison, under Part 2 of Art. 222 of the Criminal Code of the Russian Federation to 2 years in prison, on the basis of Part 3 of Art. of the Criminal Code of the Russian Federation to 16 years of imprisonment in a maximum security correctional colony.

Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated June 27, 2018 N 56-APU18-7

according to clause “e”, part 2, art. 126 of the Criminal Code of the Russian Federation - for a period of 9 years, under paragraph “c” of Part 2 of Art. 105 of the Criminal Code of the Russian Federation - for a period of 19 years, on the basis of Part 3 of Art. The Criminal Code of the Russian Federation for the totality of crimes, by partial addition of punishments, finally imposed 22 years of imprisonment to be served in a high-security correctional colony.

Determination of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated June 28, 2018 N 56-UD18-19

pp. “c”, “d” part 2 art. 126 of the Criminal Code of the Russian Federation to 8 years for kidnapping Ya. November 28, 2005, part 1 of Art. 105 of the Criminal Code of the Russian Federation to 10 years for the murder of Ya. November 29, 2005,

Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated July 25, 2018 N 77-APU18-5

according to paragraphs “c”, “d”, part 2 of Art. 126 of the Criminal Code of the Russian Federation for 5 (five) years with restriction of freedom for a period of 1 year; according to paragraph “c” of Part 2 of Art. 105 of the Criminal Code of the Russian Federation for 9 (nine) years with restriction of freedom for a period of 1 year 6 months;

Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated July 25, 2018 N 47-APU18-6SP

- according to clauses “a”, “z”, part 2 of Art. 126 of the Criminal Code of the Russian Federation (as amended by Federal Law No. 420-FZ of December 7, 2011) to five years in prison; - according to clauses “a”, “c”, part 2 of Art. 163 of the Criminal Code of the Russian Federation (as amended by Federal Law No. 26-FZ of 03/07/2011) to three years and six months of imprisonment. Based on clause 3, part 1, art. 24 Code of Criminal Procedure of the Russian Federation Tokmachev A.A. released from punishment imposed under clauses “a”, “c”, part 2 of Art. 163 of the Criminal Code of the Russian Federation due to the expiration of the statute of limitations for criminal prosecution;

Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated June 28, 2018 N 20-APU18-4

sentenced to imprisonment under Part 1 of Art. , clause “a”, part 3, art. 126 of the Criminal Code of the Russian Federation for a period of 6 years 6 months, with restriction of freedom for 6 months, under paragraphs “a”, “b”, part 3 of Art. 163 of the Criminal Code of the Russian Federation for a period of 7 years 6 months with restriction of freedom for 9 months, a year, under Part 3 of Art. 222 of the Criminal Code of the Russian Federation for a period of 5 years 6 months.

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