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Deprivation of liberty

Unlawfully preventing a person from going to a place or from leaving a place. The press often describes it as abduction or unlawful detention.

Unlawfully depriving a person of the freedom to go to a place or to stay in a place is an offence (TCK 109). Abduction, forcing someone into a vehicle, locking someone inside a house and holding someone against their will fall within this scope.

Penalty

  • Basic form (TCK 109/1): 1–5 years’ imprisonment.
  • Use of force, threat or deception (TCK 109/2): 2–7 years’ imprisonment.

Penalty doubled (TCK 109/3)

  • with a weapon,
  • jointly by more than one person,
  • because of the public duty performed by the victim,
  • by abuse of the influence derived from public office,
  • against an ascendant, descendant, spouse or former spouse,
  • against a child or a person who is physically or mentally unable to defend themselves.

Other consequences

  • If the offence causes the victim a significant economic loss, a judicial fine of up to one thousand days is also imposed.
  • If the offence is committed with a sexual motive, the penalty is increased by one half.
  • If an injury aggravated by its consequences occurs during the offence, the provisions on intentional injury also apply.
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