Lawyer under Article 146 of the Criminal Code – Illegal deprivation of liberty or kidnapping of a person

According to international and Ukrainian legislation, the forcible detention of a person without his consent is a violation of basic human rights (for example, the right to freedom of the individual, his movement). In this regard, the relevant issue is the responsibility under Article 146 of the Criminal Code - Illegal deprivation of liberty or kidnapping of a person. Below we will consider the features of the crime under this article and what a lawyer can do to help. To begin with, we note that a timely professional consultation of Prykhodko and Partners lawyers will protect you from the occurrence of many negative consequences.

Illegal deprivation of liberty or abduction of a person: the legal basis of the issue

The Criminal Code of Ukraine defines that kidnapping or illegal deprivation of liberty are actions that fall under the category of serious crimes.

The object of the crime under this article is the personal freedom of a person, which is inviolable by law (Article 29 of the Constitution of Ukraine, Article 5 of the UN Convention).

The objective side of the crime is considered to be active actions that are accompanied by the kidnapping of a person. Kidnapping can be open, covert, breach of trust/deception, threats, violence, blackmail.

Let's take a closer look at each of the types of kidnapping.

• Open kidnapping

The person (victim) understands the consequences of the perpetrators' actions (robbery, hostage-taking, robbery, etc.).

• Secret kidnapping

Criminals use the helplessness of the victim to realize their own plan.

Abduction can also be carried out with the use of moral and physical violence.

As for the illegal deprivation of a person's freedom, these criminal actions are carried out in violation of the order established by Ukrainian normative acts and international agreements ratified by our state. Criminal actions are considered completed at the moment when the criminal took possession of the person (victim) or actually deprived him of his will.

Subjects of the crime under Article 146 of the Criminal Code are persons who have reached the age of 16. It is important to note that those involved in the event (witnesses, customers, instigators, etc.) are also brought to criminal liability.

Liability under Article 146 of the Criminal Code

Depending on the consequences of illegal actions, Article 146 of the Criminal Code provides for the following liability:

1. Restriction of freedom up to three years.
2. Imprisonment for up to three years.

In the presence of aggravating circumstances, restrictions or deprivation of liberty for a term of up to 5 years are provided. In cases where the abduction of a person has led to particularly serious consequences, the term of imprisonment may be increased to 10 years.

Services of a lawyer under Article 146 of the Criminal Code

Lawyers Prykhodko and Partners provide their services in accordance with Article 59 of the Constitution of Ukraine (the right to receive professional legal assistance).

We provide a full range of services in cases related to illegal deprivation of liberty or abduction of a person:

• Consulting and legal support 24/7.
• Representation of clients' interests in the process of interaction with representatives of law enforcement agencies.
• Involvement of witnesses.
• Collection of evidence.
• Representation of the interests of the suspect/witness/victim in court.
• Preparation and submission of motions, complaints, cassations, appeals.

Do you still have questions? We are waiting for a preliminary consultation! To calculate the cost of a lawyer's services under Article 146 of the Criminal Code, fill out the form below.