Art. 211 of the Criminal Code with comments

The Penal Code provides for punishment for the theft of a watercraft or aircraft, a rolling train, or seizing them for the purpose of stealing. Responsibility is established art. 211 of the Criminal Code.

The composition of the crime is characterized as formal. The deed is considered finished when the vehicle is brought into motion or when the hijacker has a real opportunity to personally manage the vehicle or has established control over the vessel / crew / crew.

For hijacking or seizure without aggravating signs of guilty, according to Part 1 of Art. , грозит тюремное заключение на 4-8 лет с дополнительным ограничением свободы до года или без такового. 211 of the Criminal Code of the Russian Federation , faces imprisonment for 4-8 years with an additional restriction of freedom for up to a year or without it.

Qualifying signs

They are given in Part 2 of Art. . 211 of the Criminal Code . The qualifying signs of the theft / seizure of the above TC are the commission of an act:

1. A few subjects by prior agreement.
2. Conjugated with violence, posing a threat to health / life or the threat of its use.
3. Using weapons / items acting as it.

Punishment guilty is established in the form of imprisonment for 7-12 years. In addition, by court order, up to 2 years of restriction of freedom may be imputed.

Particularly qualifying signs

If the acts for which responsibility is established by Parts 1 and 2 of Art. , совершены лицами в составе организованной группы либо повлекли гибель человека по неосторожности, равно как и другие тяжкие последствия, виновным грозит тюремное заключение на 8-15 лет. 211 of the Criminal Code of the Russian Federation , committed by individuals in an organized group or caused the death of a person through negligence, as well as other grave consequences, guilty persons face imprisonment for 8-15 years. In addition, at the discretion of the court may impose a restriction of freedom for 1-2 g.

In part 4 of Art. предусмотрены санкции за указанные выше деяния, сопряженные с совершением теракта или другим видом террористической деятельности. 211 of the Criminal Code provides for sanctions for the above acts, involving the commission of a terrorist act or other type of terrorist activity. The perpetrators are punished by imprisonment for 15-20 years, with an additional restriction of freedom for 1-2 grams or imprisonment for life.

Art. 211 of the Criminal Code with comments

The crime sanctioned by the norm in question represents an increased danger. Attackers, in the first place, encroach on the health and lives of passengers and crew (members of the railroad brigade). In addition, the safety of the vehicle, the cargo it carries is at risk.

As an additional object of crime are the commercial interests of the owner of the vehicle or cargo, property relations.

Aircraft

These include flying devices, which are driven by the engine, used to move cargo and people through the air, sports events, scientific research and so on. Among them, for example, an airplane, a helicopter, a trike, a dirigible, a balloon, a glider, etc.

Watercraft

They are swimming devices that are propelled by the engine or by the force of the wind, as well as other vehicles designed to carry goods and people on water (under water), towing, mining, research, engineering, construction, cultural, Sports events, etc.

Water, in particular, include lake, sea and river vessels (with the exception of small-sized vessels), ships, ships, ferries, barges, submarines, floating structures and so on.

Rolling stock train

They are considered to be a means of transportation on the railroad cloth, intended for the transport of goods or the carriage of passengers, the performance of construction work, and so on.

In particular, locomotives, trains and cars, electric and autodrazines, electric locomotives and so on are referred to mobile railway composition.

The objective part

According to the provisions of Art. , она выражается в угоне или захвате железнодорожного состава, водного/воздушного судна. 211 of the Criminal Code of the Russian Federation , it is expressed in the theft or seizure of a train, water / aircraft.

By unauthorized use illegal unauthorized movement of the vehicle is called. When qualifying the act under art. расстояние, на которое было осуществлено перемещение, значения не имеет. 211 of the Criminal Code of the Russian Federation, the distance to which the movement was effected does not matter.

Capture is the illegal establishment of control over the TS, as a result of which the possibility of its movement depends on the discretion and will of the attacker. The perpetrator may at the same time drive the vehicle in person or compel the crew, passengers or other persons to comply with his directions, using threats or physical violence.

The subjective part

It is characterized by the direct intent of the guilty. The perpetrator understands that the actions he is committing are illegal, the hijacking / seizure will lead to negative consequences for the crew or passengers, and wishes them an offensive.

For the subjective side of capture, one of the indispensable features is the goal - hijacking. At the same time, the reasons for committing a crime do not matter in qualifying.

The ultimate goal can be any. For example, hijacking / seizure is aimed at the commission of an act of terrorism, illegal crossing of the State Border, embezzlement of cargo located on a ship / in railroad train, smuggling, etc. When identifying signs of other crimes, the act is qualified under art. 211 of the Criminal Code of the Russian Federation and the corresponding norm of the Code in the aggregate.

The subject of the crime is a 16-year-old sane person.

An Important Moment

If the capture is committed for other purposes (not for theft) or the vehicle does not move, the responsibility under art. 211 of the Criminal Code does not come. For example, the perpetrator seized the ship to keep people hostage and as a condition for their release, puts forward certain requirements on the site of the seizure. In such situations, the deed is covered by the relevant articles. For example, when capturing hostages, responsibility will come under Article 206 of the Criminal Code.

The use of weapons or other items as him

In item "d" of Part 2 of the norm in question, we mean any weapon: combat, cold, fire, gas and other, not provided for in Federal Law No. 150.

As an object used as a weapon, any object brought in advance or picked up at the crime scene may act if it is adapted to cause damage to human health.

Other Severe Consequences

This concept is considered valuation. As "other consequences", it is possible to consider an accident, a wreck of a ship or train, causing significant material damage caused by damage / destruction of the cargo being carried. They should also include harming the health (moderate and severe) of several victims, disorganization of the transport company, pollution of the natural environment, etc.

The encroachment on life in theft / seizure

The subjective part in the event of the death of the victim through negligence or other grave consequences is characterized by guilt in two forms.

First of all, this is a direct intention. It refers to actions. Additional form - negligence (negligence or frivolity) - refers to the consequences that occurred as a result of the actions of the perpetrator.

The encroachment on life in the process of seizure / theft within the framework of Art. 211 is qualified in conjunction with Articles 105, 277, 317, 295, depending on who became the victim.