Among crimes against the personal freedom of citizens, hostage taking occupies a special place (Article 206 of the Criminal Code of the Russian Federation).
Increased attention to this type of crime is due to the aggravation of interethnic contradictions and the spread of terrorist recruitment.
As a rule, it is terrorists who resort to capturing civilians in order to obtain certain benefits from the authorities. But even after getting what they want, criminals may not free their victims.
The increased threat of terrorism throughout the world gave rise to the creation in 1979 of a special Convention against Terrorist Hostage-Taking, which was adopted by the UN Assembly.
In this material we will focus on what hostage-taking is, what punishment terrorists face, and how to behave if there is a threat of committing such an act.
Concept and signs of hostage taking
The act in question is a type of especially dangerous criminal offense . All information regarding the concept of “hostage taking”, various options for imposing punishment for an offense in the form of detaining people, is reflected in Art. 206 of the Criminal Code of the Russian Federation.
Due to the fact that our state operates within the framework of the adopted international Convention, the specifics of punishment contained in the Criminal Code of the Russian Federation do not contradict the legal norms adopted by the UN.
So, the capture of victims acting as hostages should be understood as the forcible detainment of several or even one person for the sake of profit or fulfillment of a demand from a third party. Retention can be done with or without violence .
The third party in hostage-taking is the state and its representatives. But at the same time, invaders can also make demands on organizations or specific individuals.
Features of the composition
The composition of the act is formal, which means an admission of guilt to a specific subject after the direct capture of other people.
Among the key signs of a criminal act under Art. 206 of the Criminal Code of the Russian Federation we highlight:
- The object at which the act is directed is human freedom, the threat posed by the terrorist, his life or health.
- The objective side involves all methods and means of forcibly detaining or capturing a peaceful person. Mastery of human freedom can be carried out secretly or openly. The demands made by the terrorist are not relevant to the investigation. Invaders may threaten violence or even death. To qualify, it is imperative that the terrorists put forward demands for the release of those detained. This could be cash payments, ensuring the departure of criminals, the provision of an airplane, etc.
- The subjective side of a criminal act is a fact of direct intent and conscious action in relation to restricting the freedom of a civilian.
- Go to prison for an act falling under Art. 206 of the Criminal Code of the Russian Federation, can be a person aged 14 years or more.
The specifics of the demands put forward by terrorists can be both legal and illegal.
Kidnapping and Capture: Distinctive Features
Kidnapping and capture of a person are two completely different criminal acts. But at the same time, they are more similar to each other than any other crimes.
The main similarity lies in the object. In each of them, an infringement is carried out on human freedom.
Kidnapping may also be based on a claim made against a third party. But, as a rule, in a kidnapping it appears in the form of a ransom.
The main differences between kidnapping and hostage taking:
- Despite the fact that in both acts the object may be human freedom, in the abduction, most often, no additional objects are seen. When holding a citizen hostage, public safety is also of great importance.
- A kidnapping is always hidden, and for hostage-taking, bright and demonstrative behavior is more common.
- Hostage taking finds the victim at his immediate location. When kidnapped, the victim is forcibly taken to a specially designated place.
Kidnapping creates special difficulties in the unknown whereabouts of the abducted person . Negotiations are usually conducted over the phone with the victim’s relatives or friends.
Unlawful confinement and seizure: distinctive features
Unlawful imprisonment is also another crime that infringes on the integrity of others.
The main difference between unlawful deprivation of liberty and hostage taking is that in the first situation the victim does not move anywhere and is in his usual conditions.
For unlawful deprivation of liberty, criminal liability is provided not from the age of 14, but from the age of 16.
Deprivation of liberty does not imply any public danger; the kidnappers may not make any demands at all.
Judicial practice under Article 206 of the Criminal Code of the Russian Federation
Cassation ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated 03/09/2017 N 60-UD17-1
- terminated under Part 2 of Art. 206 of the Criminal Code of the RSFSR for the lack of corpus delicti in his actions and under Art. 112 of the Criminal Code of the RSFSR on the basis of Art. 27 of the Code of Criminal Procedure of the RSFSR, in connection with the reconciliation of the parties, a decision was made to bring him to administrative responsibility under Art. 158 of the RSFSR Code of Administrative Offences.
Cassation ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated 03/09/2017 N 58-UD17-8
- March 2, 1990 under Part 3 of Art. 206 of the Criminal Code of the RSFSR to 3 years in prison; - January 17, 1991 under Art. Art. , 103 of the Criminal Code of the RSFSR on the basis of Art. Criminal Code of the RSFSR to 7 years in prison, released on October 18, 1997 after serving his sentence,
Resolution of the Presidium of the Supreme Court of the Russian Federation dated May 30, 2018 N 24P18
Potekhin Igor Vladimirovich, ... previously convicted on June 2, 1992 under Part 2 of Art. 206, paragraph “b” of Art. 102 of the Criminal Code of the RSFSR to 15 years in prison, released on November 23, 2006 after serving the term, convicted under Part 1 of Art. 111 of the Criminal Code of the Russian Federation to 7 years 6 months of imprisonment in a maximum security correctional colony.
Appeal ruling of the Supreme Court of the Russian Federation dated July 12, 2017 N 205-APU17-21
According to the note to Art. 205.3 of the Criminal Code of the Russian Federation, a person who has committed a crime under Art. 205.3 of the Criminal Code of the Russian Federation, is exempt from criminal liability if it informed the authorities about the completion of training, knowingly for the student, conducted for the purpose of carrying out terrorist activities or committing one of the crimes provided for in Art. Art. 205.1, 206, 208, 211, 277, 278, 279, 360 and 361 of the Criminal Code of the Russian Federation, contributed to the disclosure of the crime committed or the identification of other persons who underwent such training, carried out, organized or financed such training, as well as the places where it was carried out and if in it actions do not contain any other corpus delicti.
Appeal ruling of the Judicial Collegium for Military Personnel Cases of the Supreme Court of the Russian Federation dated September 4, 2018 N 208-APU18-11
sentenced to imprisonment: under paragraphs “c”, “d”, part 2 of Art. 105 of the Criminal Code of the Russian Federation for a period of 18 years with restriction of freedom for a period of 1 year 6 months, under Part 4 of Art. 206 of the Criminal Code of the Russian Federation for a period of 17 years with restriction of freedom for a period of 1 year 6 months, under Part 2 of Art. 228 of the Criminal Code of the Russian Federation for a period of 4 years with restriction of freedom for a period of 4 months, under paragraph “d”, part 2 of Art. 117 of the Criminal Code of the Russian Federation for a period of 4 years, and for the totality of crimes in accordance with Part 3 of Art. of the Criminal Code of the Russian Federation by partial addition of punishments - to imprisonment for a term of 24 years with restriction of freedom for a period of 2 years.
Appeal ruling of the Judicial Collegium for Military Personnel of the Supreme Court of the Russian Federation dated February 21, 2019 N 201-APU19-1
convicted of committing a crime under paragraph “g” of Part 2 of Art. 206 of the Criminal Code of the Russian Federation, to imprisonment for a term of 6 years in a high-security correctional colony with restriction of freedom for a period of 1 year, with the establishment of restrictions and the assignment of duties specified in the sentence.
Cassation ruling of the Judicial Collegium for Administrative Cases of the Supreme Court of the Russian Federation dated January 30, 2019 N 51-КГ18-16
Part one of Article 173.1 of the Criminal Executive Code of the Russian Federation determines that in relation to an adult person released from prison, if this person has served a sentence for committing a crime with a dangerous or especially dangerous recidivism, or for committing a crime against sexual integrity and sexual freedom a minor, or for committing a grave or especially grave crime provided for in paragraph “l” of the second part of Article 105, paragraph “e” of the second part of Article 111, paragraph “h” of the second part of Article 117, part four of Article 150 (in case of committing a crime based on political, ideological, racial, national or religious hatred or enmity or based on hatred or enmity towards any social group), Articles 205 - 205.5, 206, 208, 211, 220, 221, 277 - 279, 282 - 282.3, 295, 317, 357, 360 and 361 of the Criminal Code of the Russian Federation, or for committing a crime while under administrative supervision, for which this person was sentenced to imprisonment and sent to the place of serving the sentence, the court establishes administrative supervision in accordance with federal law.
Appeal ruling of the Judicial Collegium for Military Personnel Cases of the Supreme Court of the Russian Federation dated March 12, 2019 N 203-APU19-4
sentenced to imprisonment: under clauses “g”, “e”, part 2 of Art. 206 of the Criminal Code of the Russian Federation for a period of 12 years with restriction of freedom for a period of 1 year, under Part 3 of Art. and part 3 of Art. 313 of the Criminal Code of the Russian Federation for a period of 4 years, and for the totality of crimes in accordance with Part 3 of Art. of the Criminal Code of the Russian Federation by partial addition of punishments - to 14 years of imprisonment with restriction of freedom for a period of 1 year with the establishment of restrictions specified in the verdict and the imposition of responsibilities.
Determination of the Constitutional Court of the Russian Federation dated April 25, 2019 N 1183-O
According to Article 3 of the Federal Law “On Administrative Supervision of Persons Released from Places of Imprisonment,” administrative supervision is established in relation to persons released or released from places of imprisonment and who have an outstanding or unexpunged conviction for committing a serious or especially serious crime, a crime in case of repeat crimes , an intentional crime against a minor, two or more crimes provided for in part one of Article 228, Article 228.3, part one of Article 231 and part one of Article 234.1 of the Criminal Code of the Russian Federation, as well as having an outstanding or unexpunged conviction for committing a crime against sexual integrity and sexual freedom a minor, committing a crime during a dangerous or especially dangerous recidivism of crimes, committing a grave or especially grave crime provided for in paragraph “l” of the second part of Article 105, paragraph “e” of the second part of Article 111, paragraph “h” of the second part of Article 117, part of the fourth article 150 (in the case of a crime motivated by political, ideological, racial, national or religious hatred or enmity, or motivated by hatred or enmity against any social group), Articles 205 - 205.5, 206, 208, 211, 220, 221, 277 - 279, 282 - 282.3, 295, 317, 357, 360 and 361 of the Criminal Code of the Russian Federation, commission of a crime while under administrative supervision, for which this person was sentenced to imprisonment and sent to the place of serving the sentence. Imposed administrative restrictions include the prohibition of staying in certain places, visiting places of mass and other events and participating in such events, staying outside a residential or other premises that is the place of residence or stay of a supervised person at a certain time of day, traveling outside the territory established by the court, as well as mandatory attendance from one to four times a month to the internal affairs body at the place of residence, stay or actual location of the person under supervision for registration (Article 4 of the Federal Law “On Administrative Supervision of Persons Released from Places of Imprisonment”).
Resolution of the Presidium of the Supreme Court of the Russian Federation dated May 29, 2019 N 21-P19pr
According to Part 3.2 of Art. According to the Criminal Code of the Russian Federation (as amended by Federal Law No. 186-FZ of July 3, 2021), the time a person is held in custody is counted towards the term of imprisonment at the rate of one day per day in relation to those convicted of particularly dangerous recidivism of crimes; convicts for whom the death penalty by way of pardon has been replaced by life imprisonment or imprisonment for a term of twenty-five years; convicted of crimes under Art. Art. 205 - 205.5, part 3, 4 art. 206, part 4 art. 211, part 2, 3 art. 228, art. Art. 228.1, 229, 275, 276, 361 of the Criminal Code of the Russian Federation, and crimes associated with the implementation of terrorist activities, provided for in Art. Art. 277 - 279 and 360 of the Criminal Code of the Russian Federation.
Appeal ruling of the Judicial Collegium for Military Personnel Cases of the Supreme Court of the Russian Federation dated June 27, 2019 N 201-APU19-18
Thus, participation in the activities of a terrorist organization is understood as the commission by a person of deliberate actions related to the continuation or resumption of the activities of this organization, and participation in a terrorist community is understood as the inclusion of a person in a stable group of two or more persons with the intention of participating in terrorist activities or preparation or commission of one or more crimes provided for in Articles 205.1, 205.2, 206, 208, 211, 220, 221, 277, 278, 279, 360 and 361 of the Criminal Code of the Russian Federation, or other crimes for the purpose of promoting, justifying and supporting terrorism, including Art. 205.5 of the Criminal Code of the Russian Federation is not specified, as well as participation in the preparation for or in the commission of such crimes, as well as the performance by a person of functional duties to ensure the activities of such a community. When a participant in a terrorist organization commits a specific crime, his actions are subject to qualification according to the totality of crimes provided for in Part 2 of Art. 205.5 of the Criminal Code of the Russian Federation and the corresponding article of the Special Part of the Criminal Code of the Russian Federation, which was established in this criminal case.
What criminal liability is provided for hostage taking?
Article 206 of the Criminal Code of the Russian Federation has 4 parts, each of which indicates individual features of the crime that aggravate its composition.
If an actor in the person of a terrorist releases his victims, he can be released from liability, which is enshrined in the Criminal Code of the Russian Federation.
This is feasible only when no other crime was identified in the terrorist’s actions. This is, of course, very rare.
The capture of people is assessed by the Criminal Code of the Russian Federation as punishment in the form of imprisonment for a terrorist from 5 to 10 years.
Aggravated seizure will already be punishable by 6-15 years of imprisonment plus a restriction of 1-2 years.
To do this, one or more of the following circumstances must be present:
- Terrorism for gain or when hired by another person;
- When the number of victims of capture is more than two;
- When the injured party is a pregnant lady or a minor;
- Use of weapons or other violence;
- Committed by a group of persons who previously agreed.
If the taking by negligence resulted in the death of a hostage or was committed by an organized group, the Criminal Code of the Russian Federation provides for punishment in the form of 8-20 years in prison plus a limitation of 1-2 years.
If the hostage’s death resulted from intentional actions, then the terrorist faces 15-20 years in prison or life imprisonment.
Instructions for terrorists taking hostages
Each of us can become a hostage. We go to work every day, use transport, visit banks and other institutions, spend our leisure time in cinemas and theaters.
Terrorists can break into any of these places, and your life will be divided into before and after. It is very important to know in advance how to act if you find yourself in such a dangerous situation. Any mistake can cost your life.
Instructions on hostage-taking are adopted and are in force in 2021 in all institutions of the country, especially schools, universities and other places where particularly defenseless victims are located.
Behavior of third parties
Every company or institution has security who are clearly aware of how to act in the event of such consequences. She also has information about how to stop terrorist attacks and protect her employers from uninvited guests.
Wherever there are expected to be large crowds of people, especially children, security is stepped up.
Metal detector frames can detect the presence of weapons or bombs. In places of increased danger, access control is always organized so that no strangers can enter the building.
If hostage-taking does occur, then all institutions are guided by the following rules:
- Immediately report to the police, the Ministry of Emergency Situations and other authorities;
- Do not enter into negotiations with the invaders on your own;
- Do not risk people's lives;
- Comply with the demands of terrorists if they do not entail serious consequences;
- When rescue services arrive, transfer all the initiative into their hands.
There is no need to panic; it is important to carefully and carefully carry out all actions that would lead to the quickest release of captured victims.
Features of the crime
This topic is familiar to most of us only from films. However, in the modern world, almost no one can be protected from being taken hostage.
This is especially true for large cities and any settlements with high criminality. Each of us needs knowledge about this crime, at least in general terms. The crime of taking hostages is dedicated to Article 206 of the Criminal Code of the Russian Federation.
The first thing to consider is the difference between hostage taking and kidnapping and unlawful imprisonment.
Difference from kidnapping
Previously, the differentiation of the elements of crimes in the kidnapping and taking them hostage presented some difficulties. Several key differences have now been deduced. They allow you to carry out qualifications quite clearly:
- Object of crime. In case of kidnapping it is personal safety, in case of capture it is public safety.
- Openness. Officials and the media are notified of hostage taking. Kidnapping, on the other hand, almost always occurs secretly. Only the relatives of the kidnapped person can find out about the crime when they are presented with a ransom demand.
- Place. People become hostages where they are, although they may later be moved (for example, if criminals operate on a bus). The kidnapped person is immediately transferred to the place of detention.
- Requirements. When abducted, they are presented to the person himself or a narrow circle of his relatives. Hostages are taken to demand something from the state, organizations or third parties.
Next we will talk about the composition and types of the crime of hostage-taking.
Types of crime
Article 206 has four parts. The second is devoted to qualified types of taking people hostage. The first part talks about a crime without any special qualifying features.
Most often, people become hostages under the influence of physical/mental violence. If there is no danger to human health and especially life, qualification will subsequently be carried out according to the first part of Article 206. Even if the criminals threatened to take the lives of their victims (but did not do so).
The qualifying criteria are given below:
- the criminals acted as a group, there was a preliminary conspiracy;
- violence against hostages was dangerous to their health/life;
- the attackers were armed (or had something that could replace a weapon);
- a minor or a pregnant woman was obviously taken hostage;
- two or more people are captured;
- the criminals were hired or had a selfish goal.
The entire list above refers to the second part of Article 206. The third and fourth parts talk about the consequences that may result from taking hostages. This is either reckless or intentional causing of death.
Composition of the crime and subjects
Taking hostages is recognized as a formal crime. This means that a person is guilty from the moment he captures a person (people).
- The intent is direct. For the corpus delicti, it is important that the attackers have a specific goal. Usually this is a compulsion to take specific actions (release a political prisoner, provide the opportunity to leave the country) or inaction (for example, not extradite a certain criminal to another state).
- The subject of the crime is an attacker over fourteen years of age. The offender must be established as fully sane.
Next, we will tell you about the rules of behavior in the event of being captured (taken) hostage.
