Article 211 of the Criminal Code of the Russian Federation. Theft of an air or water transport vessel or railway rolling stock

ST 211 of the Criminal Code of the Russian Federation.

1. Theft of an air or water transport vessel or railway rolling stock, as well as the seizure of such a vessel or train for the purpose of hijacking, is punishable by imprisonment for a term of four to eight years, with or without restriction of freedom for a term of up to one year.

2. The same acts committed: a) by a group of persons by prior conspiracy; b) has become invalid; c) with the use of violence dangerous to life or health, or with the threat of such violence; d) with the use of weapons or objects used as weapons - is punishable by imprisonment for a term of seven to twelve years with restriction of freedom for a term of up to two years.

3. Acts provided for in parts one or two of this article, if they were committed by an organized group or caused by negligence the death of a person or other grave consequences, are punishable by imprisonment for a term of eight to fifteen years, with restriction of freedom for a term of one to two years. .

4. Acts provided for in parts one, two or three of this article, associated with the commission of a terrorist act or other terrorist activity, are punishable by imprisonment for a term of fifteen to twenty years, with restriction of freedom for a term of one to two years, or life imprisonment freedom.

Comments on Article 211

The public danger lies in the violation of control over the movement of transport, which entails the possibility of accidents.

Comments on the article:

• Object – security relations regarding travel procedures for citizens by air, water, and rail.
• The objective side is the hijacking, seizure of a vessel or train. These may include a helicopter, airplane, motor ship, ship, barge, tanker, boat, submarine, railroad car, locomotive.
• Hijacking is taking possession of a vessel, moving it from one place to another, which is chosen by the subject. The hijacking is completed when the vessel moves. When crossing the border, additional qualifications occur under Article 322.
• Seizure is the establishment of control over a vessel, which makes it possible to illegally dispose of it at the discretion of the perpetrator. The seizure ends when control of the vessel is established.

Theft and seizure are qualified under the 1st part of the article, are non-violent in nature or can be carried out with the use of non-dangerous violence (beatings, physical pain) or the threat of its use in any form.

The motives for qualification have no purpose. They can be personal, hooligan, nationalistic, political. Capture is always carried out with the purpose of subsequent theft. When holding persons on a ship as hostages, additional qualifications are carried out under Article 206. Hijacking for the purpose of taking possession of property on board is qualified under Article 227.

Subject is a sane person over 16 years of age. The second part of the article provides for qualifying criteria: conspiracy of persons, violence or threat of its use, dangerous to life, use of weapons. The latter refers to the use of weapons for their intended purpose. The use of objects as weapons involves their use to cause injury to the victim.

Part 3 establishes particularly qualifying criteria - an organized group, death by negligence or grave consequences. If crew members or passengers are killed

The ship is disabled, the cargo being transported is destroyed, then the crime has 2 forms of guilt. When the intentional death of a person occurs, additional qualification is required under Article 105.

The first part of the article describes serious crimes, while parts 2, 3 and 4 describe particularly serious ones. Hijacking without hijacking - when a ship is hijacked without a crew or driver, the vehicle is hijacked by the crew themselves, or by unauthorized persons by agreement with the driver.

An aircraft is a device that moves by interacting with air. Water transport is a floating structure that transports people and goods. Railway train – all types of train for movement on railway tracks. It may also include open platforms, railcars, tanks, but not trams.

Objective part

According to the provisions of Art. 211 of the Criminal Code of the Russian Federation, it is expressed in the hijacking or seizure of a railway train, water/aircraft.

Theft is the unauthorized illegal movement of a vehicle. When qualifying an act under Art. 211 of the Criminal Code of the Russian Federation, the distance to which the movement was carried out does not matter.

Capture is considered to be the illegal establishment of control over a vehicle, as a result of which the possibility of moving it depends on the discretion and will of the attacker. The perpetrator may drive the transport personally or force the crew, passengers or other persons to carry out his instructions, using threats or physical violence.

Theft prevention

Personal search of passengers

On aircraft on most commercial airlines, armored doors are installed in aircraft cabins. In a number of countries (for example: Great Britain, USA, Canada, France, Australia) on some flights there are armed plainclothes air security officers who can neutralize hijackers, often called “air marshals” (example: agents of the US Federal Air Marshal Service) .

There are proposals to equip aircraft with an autonomous piloting and landing system, which, in the event of hijacking, would completely disable control from the cockpit.[3] (But such a system, in the context of the existence of cybercrime, while solving one aircraft security problem, gives rise to another - potentially increases the possibility of aircraft hijacking through computer network hacking of the aircraft’s computer core.)

Airport security services play a significant role in preventing hijackings. Constant video recording is carried out and the biometric data of passengers is analyzed. To avoid bringing firearms and bladed weapons, as well as other dangerous objects, on board, all passengers pass through metal detectors, and luggage is checked using X-ray scanners. In Israel, luggage is checked in decompression chambers for the presence of detonators that are triggered by a decrease in atmospheric pressure. Also, terrorists and other persons posing a danger to aviation are being monitored.

Encroachment on life during theft/capture

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

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

Encroachment on life in the process of capture/hijacking under Art. 211 is qualified in conjunction with Articles 105, 277, 317, 295, depending on who became the victim.

Commentary on Article 211 of the Criminal Code of the Russian Federation

Commentary edited by Rarog A.I.

1. The subject of the crime is:

1) air transport vessels;

2) water transport vessels;

3) railway rolling stock.

Aircraft is an aircraft maintained in the atmosphere due to interaction with air, different from interaction with air reflected from the surface of the earth or water (airplane, helicopter, glider, airship, balloon and other flying devices).

A water transport vessel (sea, river and lake vessels) is a self-propelled or non-self-propelled floating structure used for navigation purposes to transport people and cargo by water (underwater) (motor ships, ships, ferries, sea yachts), as well as special purpose vessels ( towing, scientific, mining, etc.).

They are not the subject of a crime under Art. 211 of the Criminal Code, rowing boats and other watercraft propelled by human muscular power. Taking possession of such items for the purpose of turning them into one's own benefit or for the benefit of other persons is subject to qualification as theft of someone else's property. Railway rolling stock - locomotives, freight cars, locomotive-hauled passenger cars and motor-car rolling stock, as well as other railway rolling stock intended to ensure transportation and the functioning of the infrastructure.

2. The objective side is characterized by alternatively provided actions:

a) theft of an air or water transport vessel or railway rolling stock;

b) seizure of such a vessel or convoy for the purpose of hijacking.

Hijacking is an unlawful unauthorized action to move a vessel or train from its location. Theft is possible without prior seizure of the vehicle (for example, when the theft is committed by the crew or driver themselves).

Seizure is the unlawful forcible establishment of control over specified vehicles for the purpose of theft. Seizure precedes the theft and is carried out using violence that is not dangerous to life or health, or the threat of using such violence (Part 1 of Article 211 of the Criminal Code). The victims may be crew members, the driver, passengers, as well as other persons.

The hijacking and seizure of air or water transport or railway rolling stock, acting as a method of committing other crimes (for example, high treason, hostage-taking, illegal crossing of the State Border), is classified as a set of crimes provided for in Art. 211 of the Criminal Code and Art. Art. 275, 206, 322 CC.

3. The crime has a formal composition and is completed from the moment the relevant actions are committed.

Theft is a completed crime from the moment the vehicle leaves or moves from the place where it was located, or changes course. The actions of a person who tried to break the locks and security alarm systems, start the engine, or start driving for the purpose of theft should be considered as an attempted theft of a vehicle, if the actions of this person were stopped or due to other circumstances beyond his control he was unable to realize his criminal intent.

The seizure is considered completed from the moment when the guilty person establishes control over the vehicle or its crew and gets the opportunity to dispose of it at his own discretion.

4. The subjective side is characterized by direct intent. When committing an act in the form of hijacking, a mandatory sign of the subjective side is the purpose of hijacking an aircraft, water transport vessel or rolling stock.

5. The subject of the crime is a person who has reached the age of 16 years.

6. A qualified group (Part 2 of Article 211 of the Criminal Code) is characterized by the commission of this crime: a) by a group of persons by prior conspiracy - paragraph “a” (see commentary to Part 2 of Article 35 of the Criminal Code); c) with the use of violence dangerous to life and health, or with the threat of using such violence - clause “c” (see commentary to clause “c” of Part 2 of Article 126 of the Criminal Code); d) with the use of weapons or objects used as weapons - clause “g” (see commentary to clause “d”, part 2 of article 126 of the Criminal Code).

7. Particularly qualified personnel (Part 3 of Article 211 of the Criminal Code) are characterized by:

a) the commission of a crime by an organized group (see commentary to Part 3 of Article 35 of the Criminal Code);

b) causing death by negligence to a person (see commentary to Art.

109 of the Criminal Code) or other grave consequences.

Other grave consequences mean: harm to health, destruction or damage to vehicles, disruption of transport operations for a long time, etc.

Particularly qualifying features

If acts for which responsibility is established by parts one and two of Art. 211 of the Criminal Code of the Russian Federation, committed by persons as part of an organized group or resulting in the death of a person through negligence, as well as other grave consequences, the perpetrators face imprisonment for 8-15 years. Additionally, at the discretion of the court, restriction of freedom for 1-2 years may be imposed.

In Part 4 of Art. 211 of the Criminal Code of the Russian Federation provides for sanctions for the above acts involving the commission of a terrorist attack or other type of terrorist activity. The perpetrators in this case are punished by imprisonment for 15-20 years with an additional restriction of freedom for 1-2 years or imprisonment for life.

What does judicial practice show under this article?

Judicial practice under this article is minimal, since it is difficult to hijack and seize such large vessels or locomotives.

Examples of cases:

1. Citizen G., being a train driver, decided to steal a carriage and sell it to receive a monetary reward. He prepared a plan, acted alone, but very thoughtfully. As a result, the car was stolen, but it was not possible to sell it. The criminal was noticed by the traffic police, who found it strange that only one carriage was being transported. G. was arrested and brought to trial. According to his decision, the criminal received 6 years in prison.
2. Citizen E. decided to hijack the plane with the aim of hijacking it and flying it out of the country. He thought through a plan, made an explosive device with which he was going to threaten the crew members. Already in the air, he demanded to change the course of the route, they obeyed him. When he arrived in another country, he was captured and neutralized, no one was hurt. For attempted hijacking and terrorist attack, he was sentenced to life imprisonment.
3. Citizen Sh., being drunk, was walking near the beach, where she saw a yacht. Having sneaked onto it unnoticed, she managed to start the ship and take it out to sea. She was spotted by coastal police, who realized that a hijacking had occurred. They managed to catch up with Sh. and forced him to surrender. She was sentenced to suspended imprisonment and a fine.

What are the most common decisions made under Article 211?

More often, the article makes guilty decisions, but is used extremely rarely. In 2022, only 2 cases were carried out on it, and both were in the first part. 1 person was imprisoned, the second received probation.

What are most often aggravating and mitigating circumstances?

The commission of a crime by conspiracy, with the use of violence or weapons, by an organized group for the purpose of a terrorist attack can aggravate the penalty. Mitigating circumstances are considered from the general list for each case separately.

Subjective part

It is characterized by the direct intent of the perpetrator. The criminal understands that the actions he is committing are illegal, the theft/seizure will lead to negative consequences for the crew or passengers, and wants them to occur.

For the subjective side of the seizure, one of the mandatory signs is the goal - theft. At the same time, the motives for which a crime is committed do not matter when qualifying.

The final goal can be anything. For example, theft/capture is aimed at committing a terrorist attack, illegally crossing the State Border, theft of cargo located on a ship/train, smuggling, etc. If signs of other crimes are identified, 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 individual.

Known cases

The Second World War

• Escape of Devyatayev's group

Cold War

• Operation Penicillin - the hijacking of a MiG-21 fighter from Iraq to Israel
• Belenko's escape - the hijacking of the newest Mig-25 fighter to Japan
• Zuev, Alexander Mikhailovich - captain of the USSR Air Force, in 1989 he hijacked a MiG-29 fighter to Turkey. Received political asylum in the USA.
• List of Cold War defector pilots

Civilian fugitives from the USSR

Main article: Airplane hijackings in the USSR

• Leningrad Airplane Case - June 15, 1970, an attempt by a group of Soviet Jewish conscientious objectors to hijack a passenger plane with the aim of escaping from the USSR.
• The hijacking of an An-24 plane to Turkey (1970) is the first successful hijacking of an aircraft in the USSR. Committed by Pranas Brazinskas and his son Algirdas on October 15, 1970 with the aim of escaping from the USSR.
• I. K. Tsereteli’s group - hijacking a plane in Tbilisi with the aim of escaping from the USSR.
• The Ovechkin family is a large family from Irkutsk that hijacked a Tu-154 plane on March 8, 1988 with the aim of escaping from the USSR.

Post-Soviet time

(sometimes simply referred to as 9/11) was a series of four coordinated suicide terrorist attacks carried out in the United States by members of the terrorist organization Al-Qaeda.

Concepts and statistics

This criminal article contains only 5 basic concepts that are part of the structure of the subject of the violation and its objective side.
Water transport is a type of transport used to move passengers, objects related to cargo, etc. across various types of bodies of water (above or under water), and which is driven by various types of traction (engine or wind).

This may also include:

1. Barges with ferries.
2. Different types of floating structures.
3. Submarines.

Such transport can have various purposes: research, sports, construction, etc.

Crimes are committed in air transport, therefore, this concept also needs to be considered.

Air is one of the types of vehicles (flying devices) used to move passengers (various cargoes), driven by engines, the force of air flows, and the buoyant force of gas flows.

Air transport also includes:

1. Airships.
2. Balloons.
3. Trikes.

Its purpose may also be different.

Railway rolling stock is one of the vehicles moving on rails, used for cargo transportation, passenger transportation, and for construction purposes.

It also includes other trains intended for the proper functioning of the railway infrastructure and the performance of the specified types of railway transportation:

1. Cars.
2. Electric or auto railcars.
3. Motor, heat and electric locomotives.

Theft is a method of illegally taking possession of specified objects, combined with or without violence, applied while the object is parked or moving along an established route, with its further use by the thief along the route or outside it.

The type of hijacking applies to each type of transport: the hijacking of an aircraft by criminals, the hijacking of a railway train by criminals, or the hijacking of water transport - in all three cases the method of hijacking is the same.

The distance of movement of stolen vehicles does not matter.

Seizure by criminals of an aircraft, water vessel, or train is the illegal provision of control over these types of transport, with or without the use of violent actions, while stopping or moving the vehicle along a given route.

Capture presupposes control over a captured vessel (convoy), in which its further movement is determined by the hijacker himself, who independently controls it, or forces passengers, crew members, and other persons to do so through threats or the use of violence. Performing other actions in relation to the captured object at the direction of the hijacker is also included in the concept of capture. Before the theft, a seizure is usually carried out.

There are also situations when everything is limited to theft only, without capture:

• if the criminals are strangers who steal an empty vehicle (in the absence of the crew, train driver or security representatives);
• when the driver or one of the crew servicing the vehicle becomes the hijacker;
• third parties who conspire with the driver, one of the security guards or the crew are responsible for the theft of a vehicle.

Statistics indicate only a small number of cases of such crimes being committed recently. Some cases superficially touch upon the article, but only if there are suspicions of a possible act of terrorism being committed.