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Wednesday, March 21, 2018

For kidnappers of brides have come up with a special article of the law

The people’s Assembly of Ingushetia in the Duma introduced a bill which proposes to introduce criminal liability for “kidnapping with the purpose of marriage”. According to the authors, the maximum penalty in this case should be softer than for kidnapping for other purposes.

photo: Evgeny Semenov

Ingush MPs want to Supplement the criminal code of the Russian Federation the corresponding article and punish perpetrators of forced labor or imprisonment for up to 3 years. In the explanatory note to the bill States that the Criminal code actually has an article 126, which punishes any “kidnapping”, and bride kidnapping seems to be subject to its action, but guilty “in most cases, it is possible to avoid criminal responsibility,” the document says, because the note to this article promises not to initiate a criminal case against someone who has voluntarily released the kidnapped.

When in 1996 it adopted the current criminal code, special part about the kidnapping of brides we didn’t include, because this phenomenon is widespread in Russia only in the North Caucasus. But the North Caucasus republics do not have the right to establish responsibility for specific crimes on its territory, the Constitution gives criminal law at the Federal level. In the end, “the aggrieved party is not finding the protection of the state, often trying on their own to repair the damage from the insult, and so is the kidnapping of women local customs” that “poses a real threat to judicial resolution of conflict, which can affect innocent (for example, relatives of the kidnapper or kidnapped)”, the authors…

This bill is the second attempt to legislatively solve a problem that, apparently, is seriously concerned about the government of Ingushetia. Previously they were offered for “kidnapping women for the purpose of marriage” is invariably put for up to 3 years, but thought they indicated that this wording violates the constitutional principle of equality of citizens before the law regardless of gender, and the punishment is overly harsh. Now, technically, if we are talking kidnapping grooms too.

The head of the Duma Committee on state construction and the legislation Pavel Krasheninnikov (United Russia) in conversation with “MK” reminded that any bill on amendments to the criminal code may not be accepted for consideration by Parliament until the authors of the official opinions of the government and the Supreme court, and they to this initiative is not applied. In addition, Mr. Krasheninnikov considers that article 126 (“Kidnapping”) is enough to prosecute, in addition, sometimes the bride kidnapping ritual that is done by mutual consent.

By the way, this is the article 126 of the criminal code promises for kidnapping forced labor or imprisonment for up to 5 years. Under aggravating circumstances (such as violence or kidnapping the child) deprivation of liberty for a term from 5 to 12 years is the only punishment, and if the victim was killed by the negligence of the thief or disabled — the guilty will sit for a period of 7 to 15 years.

According to the statistics of the Judicial Department of the Supreme court, in 2016 in Russia 281 people had been convicted for kidnapping. Whether at least one of the cases by courts of cases of bride kidnapping are unknown.


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