Illegal deprivation of liberty, detention or abduction of a person – what to do?

Illegal deprivation of liberty, detention or abduction of a person are serious violations of human rights that can have severe consequences for the victims and their families. Such actions not only violate the law, but also threaten the physical and psychological safety of the victims. It is important to know how to act in such situations in order to protect yourself and your loved ones as much as possible, as well as what are the rights and responsibilities of citizens in case of illegal detention or abduction. If you have become a victim of this offense, contact the lawyers of the company "Prikhodko and Partners", who have the necessary competence to solve your situation.

What is the prescribed criminal responsibility under Article 146 of the Criminal Code?

• Part 1 of Art. 146 of the Criminal Code - restriction of liberty up to 3 years / deprivation of liberty up to 3 years.
• Part 2 of Art. 146 of the Criminal Code - restriction of liberty for up to 5 years / deprivation of liberty for up to 5 years.
• Part 3 of Art. 146 of the Criminal Code - deprivation of liberty for a term of 5-10 years.

Are they subject to criminal liability under Art. 146 of the Code of Criminal Procedure, illegal detention of a person of TCC and SP?

Employees of the TCC and JV are not authorized to detain a person, seize his personal belongings, or prevent communication with relatives. This is especially relevant to the use of physical force, which is also unacceptable on the part of the TCC.

Importantly! Ukrainian legislation allows citizens to be offered to pass or drive to the territorial recruitment center, and in case of refusal or evasion of the draft, TCC employees can contact the police. If a police officer is part of an alert group, he has the right to make an administrative arrest and deliver a person to the TCC. This is established by Art. 261 and 262 of the Criminal Procedure Code.Only a police officer has such authority, not a representative of the TCC and SP.

If this is carried out by the TCC, then its actions may be subject to criminal liability in terms of illegal deprivation of liberty or kidnapping.

Illegal deprivation of liberty is detention of a person against his will without appropriate legal grounds. If representatives of the TCC carry out such actions without proper legal grounds, they may be held criminally liable. This also applies to the use of physical force, which is illegal without appropriate authority.

Therefore, if you have become a witness or a victim of such actions on the part of TCC representatives, you have the right to contact the law enforcement authorities with a statement about the violation of your rights and to initiate an investigation in accordance with the current legislation of Ukraine.

What to do in case of illegal deprivation of liberty, detention or abduction of a person?

1. If possible, try to involve witnesses to the event. They can help you prove wrongful detention or abduction later.
2. Inform your relatives or friends about what happened as soon as possible. Send them your location if you can.
3. As soon as you have the opportunity, contact the police or other law enforcement agencies to report the illegal detention or abduction.
4. Contact a qualified attorney who will help you protect your rights and represent your interests in court.
5. Record all traces of physical or moral abuse, if any.

How can we help?

The lawyers of the company "Prikhodko and partners" can provide qualified assistance in situations of illegal deprivation of liberty, detention or kidnapping of a person:

• Consultancy

We will provide detailed advice on your rights and possible actions in a situation of illegal detention or abduction.

• Preparation of applications and complaints

We will help prepare and submit applications to law enforcement agencies, complaints to relevant authorities and other necessary documents.

• Representation in law enforcement agencies

Our company will represent your interests when communicating with the police, prosecutor's office and other law enforcement agencies.

• Defense in court

If the matter goes to court, the lawyers of the company "Prikhodko and Partners" will provide professional protection of your interests in court, prepare the necessary documents and represent you at court hearings.

• Receiving compensation for material and moral damage

The company "Prikhodko and partners" has considerable experience in protecting the rights of citizens and can provide comprehensive legal assistance in complex issues related to illegal deprivation of liberty, detention or abduction. Do you still have questions? Request a preliminary consultation by filling out the form below.