ISSN:
2181-3906
2024
International scientifijournal
«MODERN SCIENCE АND RESEARCH»
VOLUME 3 / ISSUE 5 / UIF:8.2 / MODERNSCIENCE.UZ
653
ASPECTS OF THE CRIME OF KIDNAPPING DIFFERENT FROM OTHER CRIMES
OF SIMILAR COMPOSITION
Behzod Kundibayev
Law teacher at Navoi region law school.
Bunyod Kholmurodov
Law teacher at Navoi region law school.
https://doi.org/10.5281/zenodo.11211989
Abstract.
Crimes against the freedom of a person differ from each other mainly according
to the signs of the objective side of the act. Unlawful deprivation of liberty by force is related to
the composition of the crime of kidnapping as a competition of norms. Investigation and judicial
practice show that in seven out of ten cases, there is a problem in classifying crimes related to
illegal deprivation of liberty and kidnapping, and distinguishing them from each other.
Keywords: kidnapping, victim, unlawful deprivation of liberty, human trafficking, social
danger, hostage, criminal code, extortion.
ОСОБЕННОСТИ ПРЕСТУПЛЕНИЯ ПОХИЩЕНИЯ ЛЮДЕЙ, ОТЛИЧАЮЩИЕСЯ
ОТ ДРУГИХ ПРЕСТУПЛЕНИЙ АНАЛОГИЧНОГО СОСТАВА
Аннотация.
Преступления против свободы личности отличаются друг от друга в
основном по признакам объективной стороны деяния. Незаконное лишение свободы с
применением насилия относится к составу преступления похищения человека как
конкуренция норм. Следствие и судебная практика показывают, что в семи случаях из
десяти существует проблема квалификации преступлений, связанных с незаконным
лишением свободы и похищением человека, и их отграничения друг от друга.
Ключевые слова:
похищение человека, потерпевший, незаконное лишение свободы,
торговля
людьми,
общественная
опасность,
заложник,
Уголовный
кодекс,
вымогательство.
Kidnapping (Article 137 of the Criminal Code of Uzbekistan) is defined by the fact that
there are no signs of taking a person as a hostage (that is, by a vague sign).
Kidnapping is always a complex act of capturing the victim, moving him from one place
to another and keeping him there. Unlawful deprivation of liberty with the use of force consists
only in detaining a person against his will and thus restricting his freedom of movement and choice
of place of stay.
Kidnapping is always done by active means. Unlawful deprivation of liberty by force can
also be carried out by inaction. Immobility can be expressed in not giving a person who is unable
to move independently a wheelchair or keeping the victim in a room previously closed with his
consent, as well as in refusing to perform efforts to free him.
Kidnapping is characterized by the secret nature of the place where he is later held. The
"hiddenness" of this place has no significance in the illegal deprivation of liberty by force. Any
space, room (in most cases, permanent or temporary residence of the victim or perpetrator,
workplace, etc.) can be a place of detention of the victim. Therefore, in case of illegal deprivation
of liberty by force, a person is deprived of liberty by force and the place of detention is not
ISSN:
2181-3906
2024
International scientifijournal
«MODERN SCIENCE АND RESEARCH»
VOLUME 3 / ISSUE 5 / UIF:8.2 / MODERNSCIENCE.UZ
654
revealed. His next-of-kin compensation claim, if it were to be filed, would be kept secret from
other citizens, especially law enforcement.
The difference between the crimes of unlawful deprivation of liberty by force and
kidnapping is determined by the age of the person who is considered their subject - 16 years and
14 years, respectively.
The difference between the norms of responsibility for illegal deprivation of liberty by
force and kidnapping is also reflected in the punishments applied to the persons who committed
them.
Kidnapping and human trafficking have some characteristics in common. These are taking
a person captive and separating him from the microenvironment he is used to. However, in case
of kidnapping, imposing certain requirements on the victim or his relatives, the fulfillment of
which is considered an indispensable condition for the release of the kidnapped person, is a
necessary stage of this crime.
In human trafficking, the victim essentially becomes the subject of a civil-legal contract, is
handed over to the buyer without any conditions (except payment of fees) and for an indefinite
period. Kidnapping and human trafficking are both done for profit.
As a general rule, this is a benefit for the kidnapper and trafficker, both tangible and
intangible (for example, for use).
Thus, the crimes of kidnapping and human trafficking differ from each other according to
the signs of the objective party, as well as according to the motives and goals that determine the
actions of the subjects. These actions differ according to the consequences for the victim and the
goals of the perpetrator. One of the participants in the transaction - the seller - takes the victim into
custody, and disposes of the "object" of the transaction. The buyer only receives the "goods" and
does not take the initial steps to take them into custody.
According to the level of social danger, taking a person as a hostage is equated to
kidnapping. The main components of these crimes are included by the legislator in the range of
serious crimes, and the components committed in cases of aggravating punishment (the second
part of Article 137 and the second part of Article 245 of the Criminal Code) are included in the
range of extremely serious criminal acts. But these crimes are not considered the same, despite
some objective and subjective signs of similarity, and the law enforcer faces difficulties in
differentiating these crimes in a number of cases. This situation is determined to a certain extent
by the fact that taking a person as a hostage is considered by most scholars as a type of kidnapping
and illegal deprivation of liberty.
According to many jurists, the main distinguishing feature between kidnapping and
hostage-taking is the lack of intent in the first offense to coerce third parties into complying with
certain requirements.
As mentioned above, the legislator placed the crime of kidnapping in Chapter VI entitled
"Crimes against the freedom, honor and dignity of the person". In this case, the freedom of the
person is the main object of aggression. The legislator appropriately placed the crime of taking a
person as a hostage in the chapter of crimes against public security. Holding a person hostage is a
crime against public safety, along with organized crime, smuggling, and public disorder.
ISSN:
2181-3906
2024
International scientifijournal
«MODERN SCIENCE АND RESEARCH»
VOLUME 3 / ISSUE 5 / UIF:8.2 / MODERNSCIENCE.UZ
655
Thus, when taking a person as a hostage, the criminal intent is directed not at the person of
the victim (who is of secondary importance in taking a person as a hostage), but at third parties. In
the case of kidnapping, the perpetrator is interested in the specific identity of the victim (for
example, kidnapping a bride, eliminating or intimidating a rival, etc.). When a person is arrested
as a hostage, there is no personal allegation of the criminal against the victim. He uses the hostage
only as a means of putting pressure on the state, individuals and legal entities, and the future fate
of the victim depends on the fulfillment of the demands placed on them or not.
The crime of kidnapping should be distinguished from extortion committed in connection
with the use of force. Extortion is defined in the law as "demanding the transfer of property by
threatening the victim or his relatives with violence, damage or destruction of property, or
disclosure of information that should be kept secret for the victim".
Extortion committed in connection with the unlawful deprivation of liberty by force differs
from malicious kidnapping in that it is a crime against property. Therefore, it cannot cover
kidnapping, which is an invasion of the liberty of the person. In the case of extortion in connection
with kidnapping, it is possible to conclude that the act should be classified as a set of crimes
(Articles 165 and 137 of the Criminal Code of Uzbekistan).
REFERENCES
1.
www.dissercat.com/content/pokhishchenie-cheloveka-kriminologicheskii-aspekt-
issledovaniya
2.
Boyko N.V. Responsibility for unlawful deprivation of liberty under Soviet criminal law.
Author's abstract. diss. ...cand. legal Sci. – Kharkov, 1989. – P. 11.
3.
Martynenko N.E. Kidnapping: criminal legal and criminological aspects: Author's abstract.
diss. ...cand. legal Sci. – M., 1994. – P. 12–13.
4.
Middendorf V. Victimology of hostage taking // Criminalistics. 1974. No. 4. (Germany,
Hamburg).
