It is necessary to understand the difference between hostage taking and kidnapping in order to correctly classify the crime and assign the appropriate punishment.
Determining the composition of a specific offense often causes certain difficulties, especially when the external signs of criminal acts coincide. Taking a hostage, like kidnapping, involves illegally depriving a citizen of freedom of movement and holding him in captivity. Outwardly, both actions are very similar. How to distinguish one from the other? To resolve this issue, it is necessary to examine in detail the articles of the Criminal Code corresponding to the offenses in order to identify the characteristics of each offense.
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Capture and abduction: why is it difficult to differentiate?
The Criminal Code of the Russian Federation is a collection of articles that characterize illegal actions from various aspects and describes possible punishments for their commission.
- subject of the crime;
- object of crime;
- the objective side of the crime, that is, the very actions of violating the established law;
- the subjective side of the crime, that is, the goals pursued by the offender, the motives of his actions, guilt or lack thereof.
The combination of these four factors constitutes the crime. It is possible to distinguish one crime from another if we consider all their constituent parts. Comparison based on only one characteristic does not allow us to draw reliable conclusions.
For example, to answer the question of what is the difference between kidnapping and seizure, it is necessary to evaluate the side, which legal scholars call subjective, and the object of the illegal action. The fact is that the other two aspects of these offenses are practically indistinguishable.
The subject of the crime in both situations is a person who is recognized as sane and has reached the age of fourteen years.
- A person is captured by a subject against his will.
- He is kept there regardless of his intentions.
- It can be forcibly moved to another location at the request of the subject.
The only and insignificant difference is that when captured, a demand is always made to a third party.
- may be absent;
- to be nominated to relatives or close people (for example, ransom);
- may be presented to the abducted person himself.
In response to the question of how kidnapping differs from hostage-taking, some legal scholars who study this issue say that if demands are made, kidnapping would be a type of hostage-taking. However, most comments claim that this is still a kidnapping for a specific purpose, for example, to obtain a ransom. This position is more justified, as follows from a detailed consideration of the subjective side of criminal actions.
Aggravating circumstances
Article 126 of the Criminal Code of the Russian Federation contains an exhaustive list of features that transform a simple crime into a qualified or especially qualified one. These include the commission of an act by a group of persons; with the use of violence; motivated by self-interest; in relation to a pregnant woman, two or more persons, a minor; resulting in the death of the victim, crimes committed through negligence and possibly causing serious harm to health.
This list is practically no different from what was presented when considering hostage taking. However, as you can see, in case of kidnapping there is no qualifying feature that would indicate premeditated murder. That is, the occurrence of death as an aggravating circumstance is recorded only when a hostage is taken.
Distinctive features of a crime
Taking hostages in order to force them to fulfill any demands is no longer a rarity; it is recognized today as a crime of an international nature.
The fight against it is being carried out in all countries. This is one of the most common criminal ways to seek benefits for oneself from the state or individual organizations.
Taking a hostage looks like holding a person against his will. Due to the actions of the criminal, a citizen cannot, for example, leave the premises on his own, as he is tied up or threatened with a weapon. However, this is not the purpose of the crime.
- nationalist;
- racial;
- political;
- and others.
Sometimes they may seem absurd or impossible to implement (for example, establishing a form of government such as a republic).
But at the same time, government agencies are forced to act in the interests of people held hostage. This is what criminals are counting on, because in most cases they know perfectly well what they want. For example, two prisoners are captured and held against the will of the warden.
- provide them with a car;
- provide the opportunity to leave prison early;
- provide conditions so that they can leave the city.
They do not want to harm their hostage and are willing to release him if their demands are met. However, if necessary, criminals are ready to take extreme measures. And even murder.
The main task of the offender is to achieve the fulfillment of certain of his desires. For this purpose, the criminal openly announces that such and such a person or several citizens are being held hostage by him. Moreover, he threatens to keep them further or harm them, even kill them, if his demands are not met.
The object of hostage-taking is not the interests of any individual citizen, but the security of society as a whole. And although it is the hostage who suffers first of all, in this case legislators classify him as an additional object of attack.
The fact is that the criminal does not intend to cause trouble for a specific person.
It is important to understand the purpose and motives of this crime, as well as to understand what is the guilt of the lawbreaker.
- The presence of direct intent (that is, a planned seizure of a person and his forcible detention in order to demand the execution of actions necessary for the criminal or, conversely, the failure to perform some actions).
- The presence of a special goal, which is to force the state or organization to fulfill the demands made by the invader.
It is the purpose and object of the crime of capture that distinguishes it from kidnapping.
Problems of qualification of crimes under Art. 126 and 206 of the Criminal Code of the Russian Federation
The question of how to correctly evaluate from a legal point of view the actions of a particular suspect in order to obtain the corpus delicti arises quite often when it is necessary to understand the difference between hostage-taking and kidnapping. They are the ones who create the most difficulties for law enforcement officers.
Qualifying a crime is an important stage in transferring a case to court and further proceedings, since the correctly chosen norm implies the type of sanction and responsibility that the criminal will bear. It is quite easy to confuse the two crimes we are considering, since their elements are similar. However, to solve the existing problem, it is enough to accurately determine the object of the attack and some specific features of the act itself.
Kidnapping: Characteristics
Often in the modern world, law enforcement officers are faced with kidnapping, that is, the kidnapping of citizens.
To appreciate the kidnapping of a person and its difference from the taking of a person hostage, it is necessary to comprehend the possible goals of such an act. Externally, this crime also represents the forcible detention of a person and deprivation of his ability to move freely, as well as his movement in the area against the will of the victim.
The main intention of the criminal: to kidnap and hold a person in a certain place for the required time. This is the main purpose of this offense.
It becomes quite clear that the object of criminal activity is the interests of a particular person, an encroachment on his freedom, which is guaranteed to every citizen of the country.
- direct intent (to restrict the freedom of another person for one’s own purposes, ransom, blackmail, etc.);
- the presence of motives (the subject has reasons why he commits a crime);
- a clear goal (elimination for some time or forever of a person from a certain environment, without implying harm to him or his death).
Thus, abduction is associated with a specific person, with his physical elimination (not death). The criminal needs this for some purpose.
Sometimes these goals, from an everyday point of view, can be justified. For example, a neighbor owes you a large sum and does not want to pay you back. You kidnap him and keep him locked up at your dacha, while demanding repayment of the debt. In general, the desire of the criminal is quite understandable. However, from the point of view of the law, kidnapping a person is wrong. The legislator considers such actions to be criminal and imply criminal liability.
Sometimes, when kidnapping a person, the subject pursues the goal of inflicting severe beatings on him or wants to kill him.
In this case, the act will not be qualified under Article 126 of the Criminal Code, since “pure” kidnapping does not involve causing harm to health.
An example of actions that the legislator classifies as kidnapping is the following situation. One of the researchers learns that his colleague found the answer to a complex scientific problem before him. He decides to eliminate his opponent for a while.
- Taking possession of the results of a scientific discovery.
- Providing them to the public as their own achievement.
- The desire to gain time to solve the problem yourself and act as a pioneer.
The main point is that no physical harm is intended. There is also no goal to demand something from the state.
Other similarities and differences between kidnapping and hostage taking
Considering the kidnapping of a person, we see its difference from hostage-taking in the internal attitude of the criminal. The main thing is that they must be distinguished by the purpose and object of the offense. Other differences also follow from this.
Such a violation of the law is clearly punishable by imprisonment. The period, depending on the conditions, can vary from 5 to 10 years.
In the case of kidnapping, we should talk about an offense of moderate gravity. Punishment for it is imposed in the form of forced labor for a period of no more than five years. Or the court may impose a verdict of imprisonment for the same period.
- the abduction, as a rule, is carried out secretly and is not advertised; only close people know about it;
- the seizure is accompanied by the involvement of journalists and the public in general;
- capture is never limited to depriving him of his liberty.
These distinctions are also related to the purposes of the criminal acts.
In both cases, the legislator considers the voluntary refusal to further detain a person in captivity as an exemption from criminal liability if the acts were not accompanied by other offenses.
- Participation in a crime by a pre-organized group.
- When the person captured or kidnapped is a minor or a pregnant woman (only if the offender knew about these factors).
- Weapons or objects were used that could cause injury or damage to the victims.
- When criminals were driven by self-interest.
- Violence was used in the commission of the act.
- There were two or more victims.
In such cases, the punishment may be increased.
In the case of hostage taking - up to 15 years in prison (the crime becomes especially serious).
When the kidnapping is aggravated, the sanctions may be twelve years in prison followed by a subsequent limitation of up to two years.
Examples from life
examples of hostage taking .
The most resonant cases are the capture of Nord Ost and schoolchildren in Beslan .
The terrorists who took hostages in the theater on Dubrovka received from 15 to 22 years in a maximum security colony. The Beslan terrorists received life sentences.
Examples of kidnapping:
- Citizen B. demanded from R. repayment of a debt in the amount of 100 thousand rubles. Having not received this money, he decided to kidnap R.'s son . Having agreed with his acquaintance, he took the child from the playground, put him in the car and took him to his dacha. The kidnappers called the child's father and demanded a ransom of 500 thousand rubles under the threat of murder. R. Contacted the police, who found the intruders. For their actions they were sentenced to 4 years in a general regime colony.
- Citizen S was in love with girl L , but she did not reciprocate. Then S, under the pretext of bringing L home, took her to a country house and kept her for a week. To prevent her from running away, he tied her to a radiator and threatened her with violence. The girl's parents put her on the wanted list. S was sentenced to 5 years in prison .
