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.
Simple composition
The legislator in the disposition of the article determines what should be understood by the taking of hostages. This criminal act involves detaining a person in order to force a citizen, organization or state to perform a certain action or, on the contrary, to refrain from it, as a condition for the release of captured people.
With a simple criminal act, under Art. 206 of the Criminal Code of the Russian Federation, the guilty person is punished with imprisonment (5-10 years).
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.
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.
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, 2022), the time a person is held in custody is counted toward the term of imprisonment at the rate of one day for one 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.
Appeal ruling of the Judicial Collegium for Military Personnel Cases of the Supreme Court of the Russian Federation dated August 20, 2019 N 208-APU19-6
From the disposition of Part 1.1 of Art. 205.1 of the Criminal Code of the Russian Federation it follows that this crime is completed from the moment of commission of any actions to involve a person in the commission of at least one of the crimes provided for in Art. Art. 205, 205.3, 205.4, 205.5, part 3, 4 art. 206, part 4 art. 211 of the Criminal Code of the Russian Federation, regardless of whether the person involved committed the corresponding crime of a terrorist nature.
Appeal ruling of the Judicial Collegium for Military Personnel Cases of the Supreme Court of the Russian Federation dated 09/03/2019 N 201-APU19-36
In accordance with Part 3 of Art. 205.1 of the Criminal Code of the Russian Federation, assistance in terrorist activities is assistance in the commission of at least one of the crimes provided for in Art. 205, part 3 art. 206, part 1 art. 208 of the Criminal Code of the Russian Federation. The content of this provision of the criminal law indicates that the person to whom such assistance is provided must prepare, attempt or commit specific crimes provided for in Art. 205, part 3 art. 206, part 1 art. 208 of the Criminal Code of the Russian Federation, and an accomplice - to facilitate the preparation, attempt to commit these especially serious crimes or their commission by advice, instructions, provision of information, means or instruments for committing a crime, or the removal of obstacles.
Qualified staff
The taking of people as hostages may have qualified personnel. It includes the act described in the first part of the norm under consideration, committed:
- with the use of violence against a hostage that is dangerous to his health and life;
- in relation to a minor;
- by prior agreement by a group of people;
- using weapons or other objects used in this capacity;
- in relation to two or more citizens;
- for personal gain or for hire;
- in relation to a pregnant woman (in cases where the offender knew about her condition).
With qualified personnel, in accordance with Art. 206 of the Criminal Code of the Russian Federation, the guilty person may be imprisoned for a period of 6-15 years. Additional punishment is restriction of freedom for a period of one to two years.
Limitation from unlawful deprivation of liberty
Unlawful deprivation of liberty is expressed in depriving the victim, contrary to his wishes, of a real opportunity to move. In order to qualify an act under Art. 127 of the Criminal Code, it is necessary that the (illegal) deprivation of liberty is not associated with the kidnapping or hostage-taking. How to do it? With criminal intent. In this case, it should only be aimed at depriving the victim of freedom.
That is, the main difference of Art. 206 of the Criminal Code of the Russian Federation from Art. 126, 127 of the Criminal Code should be sought in the disposition of norms. It is this part of each article that makes it possible to clearly understand what exactly the criminal’s goal was and how his actions should be classified.
Specifics of the goal
The seizure is aimed at satisfying demands, the fulfillment of which in a lawful manner is not possible for the perpetrator. Their fulfillment is a mandatory condition for the release of the detained person.
Demands may be political, nationalistic, criminal, religious or other in nature. For example, the invader may demand the release of a certain subject from prison, provide a specified amount of money, ensure unimpeded exit from the country, or not perform any actions.
Subjective side and subject
The subjective side of taking a person hostage can be characterized as direct intent. The pursued goal is to compel a citizen, organization or state to commit a certain action or abstain from this action. The specification of the requirement is a condition for the release of the hostage put forward by the criminal.
The subject of this criminal act is an individual who, at the time of its commission, has reached the age of fourteen years. A criminal can be released from criminal liability if he voluntarily or at the request of the authorities releases the hostage. This incentive measure is aimed at preventing or reducing the likelihood of serious consequences of a crime.
Turning to judicial practice under Art. 206 of the Criminal Code of the Russian Federation, it can be noted that in reality quite often difficulties arise with the correct qualification of a particular criminal act. This is due to the fact that the analyzed criminal norm and Art. 126, 127 of the Criminal Code have related compositions. The main difference should be sought in the goal pursued by the guilty person.
Taking a person hostage and kidnapping: differentiation
The kidnapping of a person is expressed in the illegal deprivation of his freedom. However, this is preceded by the process of removing the victim from one place and moving him to another, where he is subsequently detained. Hostage taking has a slightly different purpose. It is not intended to unlawfully deprive a person of his or her liberty. The main thing in this situation is to get the state, citizen or organization to take certain actions, or to refrain from taking them. In other words, depriving a hostage of his freedom is not a goal, but a means to achieve it.
What is the object?
One of the signs of the composition is an object that reflects social relations that are harmed as a result of the commission of a crime. It is easy to guess that according to Art. 206 of the Criminal Code of the Russian Federation is the safety of society. An additional object is the freedom of ordinary citizens, since it is precisely this that is encroached upon by the actions of the criminal. In addition, in the process of committing a criminal act, harm may be caused to the lives of people taken hostage or to their health.
Explanations
The crime specified in the disposition of Art. 206 of the Criminal Code, has an international character. Counteraction to such acts is carried out on the basis of the provisions of the Convention adopted by the UN General Assembly in 1979.
This regulatory act provides key directions in the fight against the capture and retention of citizens. The document reveals the signs of the act established by Art. 206 of the Criminal Code.
Confinement is a physical restriction of a person's ability to move freely. In this case, the victim becomes dependent on the invader. An attacker can use various methods to detain a victim, including death threats.
The purpose of the act is, as a rule, ransom.
