Illegal deprivation of liberty or abduction of a person – a lawyer under Article 146 of the Criminal Code

According to current Ukrainian legislation, detention of a person against his will is a violation of the basic rights of an individual. Each citizen of Ukraine has the right to choose their place of stay. Exception: implementation by representatives of law enforcement agencies of their functions within the framework of current Ukrainian legislation. If you or your loved ones have been deprived of liberty or kidnapped, contact the lawyers of our Prykhodko and Partners law office.

Classification of criminal acts under Article 146 of the Criminal Code

Of course, each case that falls under Article 146 of the Criminal Code has different components, namely: motives, circumstances and conditions. For example, a person can be kidnapped for a ransom, that is, with selfish and criminal intentions.

In conditions of general mobilization, the actions of representatives of the TCC and SP (military commissars) can sometimes be equated with kidnapping. That is why there is no single algorithm of actions under Article 146 of the Criminal Code of Ukraine. Compared to peacetime, the statistics of illegal deprivation of liberty and kidnapping have increased tenfold.

Liability under Article 146 of the Criminal Code of Ukraine

Depending on such components of criminal acts as circumstances and consequences, Article 1146 of the Criminal Code of Ukraine provides for the following liability:

• Restriction of will (term from 3 to 5 years).
• Deprivation of liberty (term from 3 to 5 years).

If there are aggravating circumstances: actions committed against minors; by prior agreement; with the use of weapons, caused serious consequences, etc. a heavier measure of responsibility is provided for, namely:

• Imprisonment for a term of 5 to 10 years.

Important: in accordance with Article 18 of the UN General Assembly Resolution, those convicted of violent kidnapping are not subject to amnesty laws or other measures related to the release of a person from criminal responsibility.

Algorithm of actions of victims under Article 146 of the Criminal Code

If you suspect that someone from your family or acquaintances has been kidnapped, you should immediately contact a professional lawyer and enlist the support of law enforcement officials.

Lawyers Prykhodko and Partners will properly analyze the existing legal situation and check the available documents. We will help to file an appeal to the law enforcement officers as quickly as possible to ensure the optimal and rapid progress of the consideration of the criminal case.

Important: in the absence of direct evidence, the statement by representatives of law enforcement agencies will be qualified as the disappearance of a missing person.

In any situation, it is necessary to enlist the support of professional lawyers. Our lawyers will help in solving even the most complex cases.

Our lawyers provide the full range of services under Article 146 of the Criminal Code:

• Consulting in 24/7 mode.
• Preparation of defendants for interrogations.
• Active participation in investigative actions.
• Representation of the client's interests in the process of interaction with representatives of law enforcement agencies.

We guarantee a comprehensive approach to protecting the rights of victims/suspects/witnesses/accused in criminal proceedings. In addition, our lawyers ensure the fulfillment of all duties and procedural rights during court hearings. If necessary, we collect evidence, attract witnesses, prepare and submit complaints, appeals, cassation.
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