1. Capturing or holding a person as a hostage, committed for the purpose of forcing the state, organization or citizen to perform any action or refrain from performing any action as a condition for the release of the hostage, -
shall be punished by imprisonment for a term of five to ten years.
2. The same acts committed:
a) by a group of persons by prior conspiracy;
b) has become invalid. — Federal Law of December 8, 2003 N 162-FZ;
c) with the use of violence dangerous to life or health;
d) using weapons or objects used as weapons;
e) in relation to a known minor;
f) in relation to a woman who is known to the perpetrator to be pregnant;
g) in relation to two or more persons;
h) for mercenary reasons or for hire, -
shall be punishable by imprisonment for a term of six to fifteen years with restriction of freedom for a term of one 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, -
shall be punishable by imprisonment for a term of eight to twenty years with restriction of freedom for a term of one to two years.
4. Acts provided for in parts one or two of this article, if they entailed the intentional causing of death to a person, -
shall be 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.
Note. A person who frees a hostage voluntarily or at the request of the authorities is exempt from criminal liability unless his actions contain another crime.
- Article 205.6. Failure to report a crime
- Article 207. Knowingly false report of an act of terrorism
Commentary to Art. 206 of the Criminal Code of the Russian Federation
The main object of the crime is public safety.
An additional object is human freedom, personal inviolability.
An optional object is relations to protect human health and life, property.
Hostage-taking is a conventional crime. This act, in particular, is recognized as criminal by the International Convention against the Taking of Hostages (adopted on December 17, 1979 by Resolution 34/146 of the UN General Assembly). In Art. 1 of this Convention states that any person who captures or detains another person and threatens to kill, injure or continue to detain the other person in order to compel a third party, namely a State, an international intergovernmental organization, any natural or legal person or a group of persons who commit or refrain from committing any act as a direct or indirect condition for the release of a hostage commits the offense of hostage-taking within the meaning of this Convention.
The specificity of this crime is the fact that by seizing a hostage and threatening to cause harm to him, the perpetrator influences a third party and tries to get him to perform the desired actions or refrain from them as a condition for the release of the hostage.
The objective side of the crime is expressed in the commission of at least one of two actions: 1) capturing or 2) holding a person as a hostage with the presentation of any requirement to the state, organization or citizen as a condition for the release of the hostage.
Hostage taking is unlawful taking, restriction of the physical freedom of one or more persons.
Holding a hostage is an unlawful, usually violent, obstruction of a hostage's release to freedom.
It should be borne in mind that the concept of capture also includes holding a hostage. For example, persons who have captured a person transport him by car to a place of further detention. It is obvious that after taking possession, the process of retention occurs (even if it is relatively short-term), therefore the qualification of the actions of persons in this case is covered by the concept of seizure and does not require additional imputation of the elements of retention. At the same time, if the detention is carried out by a person who did not participate in the seizure, his actions are regarded as an independent crime - holding a hostage.
A hostage is any person, regardless of age, citizenship, social status or other characteristics, who is unlawfully deprived of his freedom and, under the threat of harm, to whom the criminal attempts to achieve the result he desires.
The methods of taking a hostage can be any: the use of violence that is not dangerous to life or health, the threat of violence, destruction or damage to property, blackmail, the use of deception, etc. The capture can be carried out secretly or openly. Mental violence includes both the threat of murder and the threat of inflicting violence that is dangerous and not dangerous to the life or health of a person. The threat of murder or infliction of grievous bodily harm is covered by the elements of hostage taking and additional qualifications under Art. 119 of the Criminal Code of the Russian Federation does not require it.
Unlike capture, detaining a person does not consist of unlawful restriction of freedom, but of preventing the return of freedom: keeping tied up, handcuffed, prohibited from leaving the place of stay under threat of violence, suppression of attempts to release, etc.
Violence that is not dangerous to human life or health includes beatings, other infliction of physical pain, tying up, handcuffing and other similar actions.
The elements of the crime are formal; the act is considered completed from the moment of actual seizure of the person or from the moment of taking actions to detain him, regardless of its duration. Since the objective side is formed by the implementation of alternative actions, within the framework of co-execution it is possible to distribute roles, for example, one accomplice carries out the capture of a hostage, and the other - his subsequent detention.
The subjective side of hostage taking is characterized by direct intent. The perpetrator is aware that he is unlawfully taking or holding a person and wants to carry out these actions.
A mandatory feature of the subjective side of the crime is the goal of the perpetrator to force the state, organization (international or domestic, commercial or non-commercial) or citizen to commit any action or refrain from committing any action as a condition for the release of the hostage. The nature of the requirements presented to the perpetrators does not matter for qualifications. They can be both political and financial, for example, a demand to grant autonomy to any part of the state, to stop military operations or a counter-terrorism operation, to release an arrested or convicted person, to provide the perpetrator with weapons, money, vehicles, etc.
The subject of the crime is a sane person who has reached the age of fourteen.
Hostage taking must be distinguished from kidnapping (Article 126 of the Criminal Code of the Russian Federation). The distinction is made according to the object and purpose of the crime. The main difference between hostage taking and kidnapping is the object of the crime. When a person is kidnapped, the object of the attack is social relations to protect a person’s personal freedom. The object of hostage taking is public relations to ensure public safety. This means that when a kidnapping is committed, the victim is not a random person, but a victim pre-selected by the perpetrator, for example, a child of wealthy parents, a girl whom the perpetrator would like to marry and for this purpose decides to kidnap her from the family, etc. When a hostage is taken, public safety is the object of the crime because the victim can be any person who happens to be at the scene of the crime; the perpetrator, as a rule, does not care who it is; for him, it is not the identity of the victim that is important, but the achievement of the corresponding goal through the threat of harm. harm to a person or several persons. In addition, kidnapping is usually carried out secretly; the perpetrator does not seek to draw attention to his actions. The hostage taking is carried out openly, the criminals themselves contact representatives of the authorities to present their demands, wanting to cause as much public resonance as possible about what is happening. Similarly, it is necessary to distinguish between hostage-taking and unlawful deprivation of liberty (Article 127 of the Criminal Code of the Russian Federation). The distinction is made according to the object of the attack and the subjective side of the crime. The object was mentioned above. As for the subjective side of the crime, unlawful deprivation of liberty does not pursue the goal of forcing a third party to perform the required action (inaction). Unlawful deprivation of liberty is committed precisely for the purpose of restricting the freedom of movement of an individual. At the same time, the motives for committing a crime can be different, for example, revenge, hooligan motives and others. In addition, unlawful deprivation of liberty is not associated with the removal of the victim from his location.
Qualifying signs of hostage taking are provided for in Part 2 of Art. 206 of the Criminal Code of the Russian Federation. These signs are the following.
Hostage taking committed by a group of persons by prior conspiracy (clause “a”, part 2, article 206 of the Criminal Code of the Russian Federation). Such a group includes co-executors, i.e. persons, each of whom fully or partially performs the objective side of hostage taking. Preliminary conspiracy means reaching an agreement on joint execution of a criminal act before the beginning of its objective party. The taking of a hostage is characterized by premeditated intent, careful preparation for the commission of a crime, and distribution of roles within the framework of co-perpetration.
Use of violence dangerous to life or health (clause “c” of Part 2 of Article 206 of the Criminal Code of the Russian Federation). Violence dangerous to life or health means light, moderate and severe harm to health. The use of such violence means the actual infliction of any harm to health or the commission of actions that, although not causing harm to health, created a real danger of consequences of this kind for the hostage or persons trying to prevent the capture.
Use of weapons or objects used as weapons (clause “d”, part 2 of article 206 of the Criminal Code of the Russian Federation). In accordance with the Law of the Russian Federation “On Weapons,” a distinction is made between firearms, cold steel, gas, and pneumatic weapons. Objects used as weapons are any objects suitable for causing harm to the health or life of a hostage (sticks, stones, kitchen knives, axes, bicycle chains, etc.). The use of a weapon means both its use to cause harm to health and the threat of its immediate use. For more information about the sign of the use of weapons, see the commentary to Art. 162 of the Criminal Code of the Russian Federation. Here it should be additionally noted that if a person only demonstrated a weapon or threatened with a obviously unusable or unloaded weapon or an imitation weapon, for example, a dummy pistol, without intending to use these items, the actions of the perpetrator (in the absence of other aggravating circumstances), taking into account the specific circumstances of the case, should be qualified as a crime under Part 1 of Art. 206 of the Criminal Code of the Russian Federation. In addition, the use of a weapon should be recognized as the use of all its damaging properties (for example, the use of a butt, bayonet).
Hostage-taking committed against a known minor (clause “d”, part 2 of article 206 of the Criminal Code of the Russian Federation). Knowledge means that the guilty person reliably knew about the age of the victim (he was a relative, acquaintance, neighbor) or the appearance of the victim clearly indicated, for example, his age.
A conscientious misconception that arises on the basis that the age of the victim is approaching eighteen years or, due to acceleration, he looks older than his age, excludes the imputation of this qualifying characteristic to the guilty person.
Hostage-taking committed against a woman who is known to be pregnant by the perpetrator (clause “e”, Part 2, Article 206 of the Criminal Code of the Russian Federation). The person taking the woman hostage knows she is pregnant. In this case, the duration of pregnancy and the source of knowledge about it of the perpetrator do not matter for qualification.
Committing a crime against two or more persons (clause “g”, part 2 of article 206 of the Criminal Code of the Russian Federation). This qualifying feature is imputed in cases where the single intent of the perpetrator includes the taking of two or more hostages. It is not required that the victims be captured simultaneously.
If the intent to take a hostage arises at different times, the actions of the perpetrator should be classified as a set of crimes. At the same time, it should be noted that in practice there are cases of qualification of a crime in relation to two or more persons, regardless of whether the intent occurred at the same time or at different times.
Another qualifying feature is the presence of selfish motives when taking a hostage (clause “h”, part 2, article 206 of the Criminal Code of the Russian Federation).
Selfish motives are understood as the desire to obtain material benefit for oneself or other persons (money, property or the right to property, etc.) or to get rid of material costs (return of property, fulfillment of property obligations, etc.). That is, in such a hostage-taking, the release of the victim is made dependent on the fulfillment of property requirements.
According to paragraph “h” of Part 2 of Art. 206 of the Criminal Code of the Russian Federation also qualifies hostage-taking committed for hire, when the perpetrator seizes or holds a hostage for compensation from third parties. In this case, it does not matter the time of receipt of the reward - before or after the hostage-taking, as well as the nature of the reward - money, property, property-related services.
Particularly qualifying signs of hostage taking, provided for in Part 3 of Art. 206 of the Criminal Code of the Russian Federation is a hostage-taking committed by an organized group or which, through negligence, resulted in the death of a person or other grave consequences.
The content of these signs is similar to the corresponding signs of a terrorist act (Article 205 of the Criminal Code of the Russian Federation). However, it is necessary to pay attention to the following circumstance. Unlike Art. 205 of the Criminal Code of the Russian Federation, which currently does not contain any indication of the form of guilt in relation to other grave consequences, Art. 206 of the Criminal Code of the Russian Federation, the legislator establishes this form, indicating negligence. Therefore, again, in contrast to an act of terrorism, where the intentionality of causing grave consequences does not require additional qualifications, hostage-taking under the same circumstances should be classified as a set of crimes.
Acts provided for in Part 1 or Part 2 of Art. 206 of the Criminal Code of the Russian Federation, if they entailed the intentional causing of death to a person, are subject to qualification under Part 4 of this article and additional qualification under Art. 105 of the Criminal Code of the Russian Federation is not required (see commentary on a similar criterion provided for in Article 205 of the Criminal Code of the Russian Federation). Causing the death of a person means not only causing the death of the hostage himself, but also causing the death of other persons, committed by the perpetrator in connection with the hostage taking.
In accordance with the note to Art. 206 of the Criminal Code of the Russian Federation, a person who voluntarily or at the request of the authorities releases a hostage is exempt from criminal liability unless his actions contain another crime. Consequently, the following circumstances act as conditions for exemption from criminal liability for hostage-taking: a) voluntariness of the hostage’s release on his own initiative or his release at the request of the authorities; b) the absence of any other crime in the actions of the perpetrator.
Commentary to Art. 206 Criminal Code
1. The objective side is characterized by alternatively provided actions: a) capturing a person as a hostage, i.e. unlawful violent action that involves restricting against a person’s will his freedom to choose his place of stay; b) holding a person as a hostage, i.e. unlawful forcible obstruction of a person in his choice of his place of stay. Methods of capture and retention can be different (direct use of physical or mental violence, deception, taking advantage of the victim’s helpless state, etc.).
2. The crime is considered completed from the moment the person is actually deprived of his freedom.
3. The subjective side is also characterized by the goal of forcing the state, organization or citizen to perform any action or refrain from performing any action as a condition for the release of the hostage.
4. Part 4 implies liability for hostage-taking involving the murder of the captured person or other persons; qualifications in combination with Art. 105 of the Criminal Code is not required.
5. Note to Art. 206 of the Criminal Code provides the basis for exemption from criminal liability for this crime in connection with active repentance.
6. The delimitation of hostage-taking from kidnapping (Article 126 of the Criminal Code) and unlawful deprivation of liberty (Article 127 of the Criminal Code) (especially if actions against the victim are motivated by mercenary motives) should be carried out according to the object of the assault, the correct determination of which should be facilitated by establishing the fame of the place maintenance of the victim. Accordingly, when the victim is kidnapped and held in an unknown place and the fact of his abduction is unknown to the general public, then the act constitutes kidnapping (unlawful imprisonment); if the victim is kidnapped and held in a known place, open to the public, this constitutes hostage taking.
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.
Commentary on Article 206 of the Criminal Code of the Russian Federation
1. The penalty for taking hostages was established on July 10, 1987 in connection with the growth of international terrorism and the accession of the USSR to the International Convention against the Taking of Hostages, adopted by the session of the UN General Assembly on December 17, 1979 <1>. ——————————— <1> Sat. international treaties of the USSR. Vol. XLIII. M., 1989. S. 99 - 105.
2. Hostage-taking in Russia is a fairly common phenomenon, which has spread significantly in connection with military operations in Chechnya. It is not uncommon for hostages to be taken in correctional institutions and pre-trial detention centers for the purpose of both escaping and changing the regime, obtaining various privileges, releasing individuals, etc.
3. The object of the criminal attack is public safety. An additional object is the personal freedom of a person, and optional objects are the life of a person captured as a hostage.
4. The victim (hostage) is an individual captured by the perpetrator, a citizen of the Russian Federation, a foreigner or a stateless person. A hostage can be either one person or a group of people.
5. The objective side of the crime consists of taking a hostage or holding a person as a hostage.
6. Hostage taking is the taking of a person with subsequent restriction of his freedom of movement. The seizure can be carried out secretly or openly, by deception, without violence or with violence, including the use of weapons.
7. Holding a person as a hostage is forcibly preventing the hostage from leaving a particular premises.
8. The demand presented to the guilty state, international or other organization or citizens can be of both a property (money, transport, things) and non-property nature (to be released from office, from imprisonment, to terminate criminal prosecution, etc.) in nature.
8.1. Most often, hostage-taking is accompanied by a demand to provide transport (usually an airplane), a large sum of money (usually in foreign currency), weapons and drugs, and not to prevent the criminals from flying to another country.
9. Part 1 comment. Articles should qualify the taking of a hostage or his detainment, accompanied by violence not dangerous to life and health (see commentary to Article 161), or the threat of violence. The threat can be in the form of a threat to kill (verbally or by showing a weapon), a threat to cause harm to health of varying severity. The threat is possible both at the time of capture and after it. It is addressed to the victim or his relatives, state officials (president, ministers, heads of administrations) or legal entities (administration of a correctional institution, head of an enterprise, organization or institution). The threat must be perceived as real.
10. The crime is completed (by the main body) at the moment of capture or detention of a person, if the capture was carried out by other persons. The crime itself, which continues, ceases at the moment the hostage is released from captivity by both himself and the perpetrator. The duration of the hold does not matter.
11. Subjective side - direct intent and special purpose - forcing the state, organization or citizen to perform any action (release an arrested or convicted person, transfer money and weapons, etc.) or refrain from committing any action (not initiate criminal proceedings , not to destroy a building or other structure, not to use the land in accordance with the intended program, etc.) as conditions for the release of the hostage. Motives do not affect qualifications.
12. The subject of a criminal offense is a citizen of the Russian Federation, or a foreigner, or a stateless person of sane age who has reached 14 years of age.
13. Qualifying and especially qualifying circumstances provided for in parts 2 and 3 of the commentary. Articles basically coincide with those of kidnapping (see commentary to Article 126), with the exception of the sign of hostage-taking for hire. In this case, we mean a hostage-taking carried out by a person specially hired for this purpose. The perpetrator in this situation is the person(s) who takes the hostage or holds the person as a hostage for a reward offered by the instigator or organizer. At the same time, it should be borne in mind that a qualified type of hostage taking (Part 2) constitutes only the actual use of violence dangerous to life and health, i.e. causing a hostage or other person who prevented the capture or retention of a hostage to suffer light, moderate or serious harm to health. Taking a hostage, accompanied by the threat of such violence, entails a criminal offense under Part 1 of Art. 206.
14. About the organized group (part 3), see comment. to Art. 126.
15. On causing death by negligence to a person (Part 3), see commentary. to Art. 126.
16. Grave consequences provided for in Part 3 of the commentary. Articles include major material damage as a result of the destruction of property of citizens, enterprises and institutions of any form of ownership, as well as an international or interethnic conflict generated by the taking of hostages.
17. Hostage taking differs from kidnapping and unlawful deprivation of liberty by the open and daring nature of the actions of the perpetrator and the presence of certain requirements addressed to the state, international and other organizations and citizens.
18. Kidnapping, like unlawful imprisonment, can be an act of revenge, jealousy, hatred and is not accompanied by any conditions or requirements addressed to the victim or his relatives. If the mentioned crimes were accompanied by property demands, then such demands are presented to the victim himself or his relatives in secret both from other persons and from law enforcement agencies. Hostage taking is a special norm in relation to unlawful deprivation of liberty, and therefore has priority when these norms compete.
19. Infliction of any harm (including deprivation of life) to persons capturing or holding a hostage is lawful if it is committed in a state of necessary defense. Causing harm to third parties in the process of stopping the taking or releasing a hostage should be considered based on the conditions of legality of extreme necessity and causing harm during the detention of the person who committed the crime.
20. Intentional causing of death in the process of taking or holding a hostage forms a set of crimes - hostage taking and murder (clause “c” of Part 2 of Article 105).
21. Deliberate destruction and damage to property in the process of taking a hostage entails a criminal offense under Art. 206 and 167.
22. Taking a hostage with the aim of escaping from places of deprivation of liberty forms a set of crimes provided for in Art. 206 and 313.
23. In accordance with note. to comment According to this article, a person who voluntarily or at the request of the authorities frees a hostage is released from the criminal code, unless his actions contain another crime. The perpetrator is released from the criminal offense for taking a hostage only if he, having the opportunity to hold the hostage, voluntarily and finally released him at his own request. In these cases, criminal prosecution is possible only for causing harm to the health of a hostage, damaging or destroying vehicles or other property of any form of ownership, using weapons and other crimes provided for in the relevant articles of the Criminal Code, committed in the process of capturing or holding a person as a hostage.
24. Taking hostages in accordance with Part 1 is a serious crime, Parts 2 and 3 are especially serious.
Hostage taking (Article 206 of the Criminal Code of the Russian Federation)
Generic object
- public safety and public order.
Species object
- public safety.
Main direct object
Crimes are the basis of public safety.
Additional object
- life, health, freedom of a person.
To the victims
is a hostage, i.e. an individual of any gender, age, social origin and other characteristics who is captured and (or) held against his will in order for the perpetrators to achieve certain goals from individuals or legal entities.
Objective side
crime is characterized by the following alternative actions:
1) face capture;
2) holding a person as a hostage.
Seizure is the open or secret forcible removal of a person from his place of residence with placement in a limited space (building, structure, vehicle, certain territory), accompanied by deprivation of liberty, a ban on performing any actions without the consent of the perpetrators and suppression of attempts to obtain freedom of movement . Violence can be both physical and mental, not dangerous to life or health.
Mental violence is the threat of using any type of violence. The forms of expressing a threat are different: verbally, in the demonstration of objects that can be used to implement the expressed threat, including intimidating ones (except for weapons and objects used as weapons).
Detention is the deprivation of the victim’s freedom, a ban on leaving the place of residence under the threat of violence, and the suppression of attempts to release.
The capture may be accompanied by subsequent retention of the victim, but may also occur without it. Retention as an independent alternative element of the act does not necessarily have to be a consequence of capture. The crime may begin with holding a person in a certain place.
The composition is formal.
The crime is over from the moment the hostage is captured or held, regardless of whether the demands of the perpetrator are met or not.
Subjective side
- direct intent.
An obligatory element of the subjective side
there is a special goal - forcing the state, organization or citizen to perform any action or refrain from performing any action as a condition for the release of the hostage.
In this case, the state should be understood as both the state itself and various state bodies acting on behalf of the state. An organization refers not only to legal entities in the sense of civil legal relations (Article 48 of the RF PS), but also to legally unformed structures (councils, associations, criminal groups, etc.).
Citizens are close relatives, friends, colleagues of the hostage or any other persons.
Subject
a crime is a sane person who has reached the age of 14.
Part 2 Art. 206 of the Criminal Code of the Russian Federation contains qualifying features:
clause “a” - commission of a crime by a group of persons by prior conspiracy;
item “c” - with the use of violence dangerous to life and health; item “d” - with the use of weapons or objects used as weapons.
The use of weapons or objects used as weapons should be understood as the use of the damaging properties of the corresponding objects to cause physical harm to the victim, destroy various objects, or as a means of psychological pressure and intimidation of the victims. The use of explosives or explosive devices is equivalent to the use of weapons.
Objects used as weapons mean household items (kitchen knives, axes, razors, etc.), as well as any other objects used to cause physical harm to a person (club, stick, stone, etc. .), regardless of whether they were prepared and adapted in advance or not;
item “d” - in relation to a known minor;
item “e” - in relation to a woman who is known to the perpetrator to be pregnant;
clause “g” - in relation to two or more persons;
item “z” - for selfish reasons or for hire.
Part 3 Art. 206 of the Criminal Code of the Russian Federation contains especially qualifying signs - acts provided for in Part 1 or Part 2 of Art. 206 of the Criminal Code of the Russian Federation, if they are committed:
— an organized group;
- caused by negligence the death of a person or other serious consequences.
Grave consequences include causing significant material damage, mental illness of a hostage, termination of pregnancy in a female hostage, disruption of an important public event, etc.
Part 4 art. 206 of the Criminal Code of the Russian Federation provides for liability for acts committed by Part 1 or Part 2, if they resulted in the intentional death of a person.
The note to Art. is essential for stimulating post-criminal behavior. 206 of the Criminal Code of the Russian Federation, according to which a person, subject to certain conditions, is released” from criminal liability.
These conditions are:
1) voluntary or at the request of the authorities release of the hostage;
2) the absence of other elements of a crime in the person’s actions.
Release can be voluntary when the guilty person makes such a decision on his own initiative and the person retains a choice of behavior options.
