Restriction of personal freedem

Legal definiton 

Section 171 of the Criminal Code:

(1) Whoever unlawfully prevents another person from exercising their personal freedom shall be punished by imprisonment for up to two years.

(2) The perpetrator shall be punished by imprisonment for up to three years if the act described in paragraph 1 is committed with the intent to facilitate another criminal offense.

(3) The perpetrator shall be punished by imprisonment for two to eight years if the act described in paragraph 1 is committed:

a) as a member of an organized group,

b) against another person due to their actual or presumed race, membership in an ethnic group, nationality, political beliefs, religion, or because they are actually or presumed to be without religion,

c) causing physical or psychological suffering,

d) causing serious bodily harm, or

e) with the intent to obtain significant benefit for themselves or another person.

(4) The perpetrator shall be punished by imprisonment for three to ten years if the act described in paragraph 1:

a) causes the death of another person, or

b) is committed with the intent to obtain large-scale benefit for themselves or another person.  

Subjective aspect - intent

Restriction of personal freedom is an intentional criminal offence. A criminal offence is committed intentionally if the perpetrator wanted to violate or endanger a legally protected interest in the manner specified by the Criminal Code (direct intent), or if the perpetrator knew that his actions could result in such a violation or endangerment and accepted the possibility of it occurring (indirect intent).

If the act can be deemed as mere negligence rather than intent, it does not constitute the described criminal offence. 

Defense

There are various defense strategies available. Given the elements of this crime, the following questions may be relevant:

• How did the perpetrator threaten the aggrieved person?
• In what manner was the freedom of the aggrieved person restricted?
• How long did the restriction last?
  
• What was the relationship between the perpetrator and the aggrieved person?
• Are there any circumstances excluding unlawfulness present (e.g., self-defense)?
• Was the perpetrator sane at the time of the act? Were they under the influence of alcohol, drugs, or mental illness?
• Was the perpetrator's intent directed towards the decisive facts?