Taking hostages - achieving a criminal goal by threatening means

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.

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How to behave in the event of a terrorist attack, hostage taking, emergency situation
In advance:

— It is impossible to prepare in advance for a terrorist attack, panic or hostage taking. But, being in any space (metro station, shopping center, cinema, theater, train station, club), you can spend a couple of minutes exploring it: emergency exits, stairs, warehouses. Over time, this will become a habit, and you will instantly evaluate any room in terms of safety and the ability to quickly get out of it. — In the event of an increased level of terrorist threat in the city, it makes sense to carry a phone charger, a passport, a couple of nutritious chocolate and nut bars (“Snickers”), (a mini first aid kit (you can buy a ready-made one, it doesn’t take up much space). In the standard a mini first aid kit includes baralgin (or another strong analgesic), loperamide (for diarrhea), nitrosorbide (for heart failure), papazole (for high blood pressure and spasms), feracryl wipes (hemostatic), adhesive plasters, activated charcoal, tourniquet, alcohol wipes. And, of course, those medications that you need in everyday life and without which an attack of a chronic disease may occur. - Google the difference between venous bleeding and arterial bleeding and the technique of applying a hemostatic tourniquet.

If you are taken hostage:

“It’s better to stay away from windows, doors and the terrorists themselves.” If possible, sit next to any object that can at least partially protect you from an explosion or shelling. - Speak to terrorists quietly and calmly; you cannot shout, cry, fight, beg, or argue. Try to be as inconspicuous as possible. For every action (get up, go to the toilet, eat, drink, go to another place) ask permission. It is better to command respect by calm and courageous behavior, reduce personal contacts to a minimum, fulfill all requirements and remember as many details as possible. - If you feel bad, or you are sick with something, you need some medicine, tell the terrorists about it. — Turn off the sound on your phone, if possible. — Save water and food. If you are fed, do not refuse, but if possible, do not eat salty foods so as not to make you thirsty. - Don't believe all the information you hear from terrorists. — Take everything they offer: food, water, clothes, medicine. - Help others. — Keep track of time, mark the time of day. The assault often begins at night. - If you managed to hide in some room and remain unnoticed, then you can only escape during the first minutes. As soon as the terrorists have cordoned off the entire room, it is better not to make any sudden movements. If you did not manage to escape in the first minutes, but see an opportunity to leave the premises, then wait for the right moment that will distract the terrorists. Important: do not try to get out in groups or escape in a group; a solo person has a much greater chance of escaping unnoticed and surviving.

- It is theoretically possible to jump out of windows, especially in case of fire, or if you have no other way out, but not higher than from the second floor (height up to 3 - 5 meters). But theory alone is not enough for a competent landing; it is still better to practice at least a couple of times from a low height on a relatively soft surface: landing on your toes, then both palms touch the ground, then roll over your shoulder. https://ru.wikihow.com/land-after-a-high-jump https://www.kakprosto.ru/kak-249868-kak-nauchitsya-pravilno-padat

- Move around, go out into the street only with your hands raised and preferably with something white in your hand. If possible, it is better to go out in daylight and not run, so that security officers do not mistake you for terrorists. You can't run.

— During the assault, you need to lie on the floor, preferably at least under partial cover (a chair, a ledge, a table, a partition), cover your head with your hands, and face down. At the first signs of a gas attack (burning in the nasopharynx or in the eyes, coughing, difficulty breathing, sudden saltiness) or in case of a fire or smoke, you need to wet any clothing with urine and breathe through this “bandage”. Urine filters better than water, so it is more efficient to use.

— Unusual advice, but in our time it may be useful. Since terrorist attacks are mostly carried out by Islamists, whose main feat and ticket to heaven is killing infidels, it makes sense to spend a few hours and learn basic information and a few Muslim prayers, just in case. In the event of a hostage situation or attack, this could save your life. Talk to someone you know who is Muslim about the required minimum knowledge in order to be mistaken for a Muslim, or read online: https://dylym.ru/eto-dolzhen-znat-kazhdyj-musulmanin/ https://ru .wikipedia.org/wiki/Shahadah https://ru.wikipedia.org/wiki/Namaz

Terrorist attack on a subway car:

- If one of the passengers seems suspicious to you, do not be too lazy to sit down or move to another carriage. - You will be saved. Therefore, the less panic and chaotic movements, the greater the chances of staying alive. After the explosion, if you are not injured, inform the driver via the intercom and do not pull the stop valve, because if the train reaches the station, it will be much easier to evacuate passengers. — The most dangerous are four moments: explosion, heavy smoke, contact rail in the tunnel and crush. Usually the driver gives the command to evacuate via loudspeaker after he receives a signal that the tunnel is without power, so if possible, wait for an organized evacuation. — Fire extinguishers are located at different ends of the carriage behind the back of the seat under the fire extinguisher sign on the wall. There are also instructions for use there. - If you are wounded, try to tighten the wound and stop the bleeding. Move less so as not to lose a lot of blood. It is better to lie on the floor (smoke is lighter than air and rises). — If the smoke is very strong, or there is a fire in the carriage, then you need to get out in the direction opposite to the source of the fire or smoke. There is always a flow of air in the tunnel, so it is better to go out into the wind. Break the glass with a fire extinguisher or with your feet and get out on the right side in the direction of travel (there is no contact rail there). You need to jump with your back forward, feet together, so that you don’t create a closed chain with your legs apart. It's better not to touch anything, either on the walls or on the rails. You need to walk strictly in the center of the path.

At the station and on the escalator:

— If you are on an escalator that suddenly speeds up or breaks, it is best to immediately jump onto the balustrade and move to the next escalator. — If you fall on the path, then you need to try to reach the beginning of the platform beyond the safety line, moving strictly in the center of the path. If a train is approaching, you need to lie between the rails facing the train, hold your clothes, especially your hood and scarf, and cover your head with your hands. The chute is deep enough that you can wait out the train safely while the train passes. If a train stops above you, lie down and don’t move, don’t try to get out under any circumstances.

Crowd and stampede:

— If panic and crush begin, then, as far as possible, you should not get close to the crowd or the tracks (if you are on the subway). If you are already in a crowd, you need to move with it, carefully moving diagonally towards its edge. Under no circumstances should you stand or try to move against the current. The moving crowd is divided into three parts: the core (the densest zone), the middle zone and the periphery. It is better to be in the middle zone, because on the periphery there is a danger of being crushed against walls, fences, and buildings. — Get rid of the scarf and unnecessary items of clothing, do not cling to your bag or backpack. It is better to throw the keys out of your pocket. You need to move by bending your elbows and pressing them to your body, protecting your chest from compression. - Look around. The most dangerous things in the way of crowd movement are railings, gratings, poles, and any static objects. If possible, try to avoid them as far as possible. If you are in a room far from the exit, wait until the main flow subsides, do not panic. - Small children should be placed on the neck, chest or back, and should not be held by the hand under any circumstances. Older children should be placed in front of you and held tightly. A small child can only escape in a crowd by being at the very top, crawling out over their heads on their bellies. — In a crowd, panic, aggression or wrong decisions are transmitted instantly, and in the direction of deterioration. If possible, organize a chant: “Don’t push! Don't push! - If you are squeezed very tightly, grab the lapel of your clothing with your hand, putting your elbow forward (or with both hands, putting both out), this will allow you to gain 10-15 centimeters of breathing space. Don't give up for a second. - If you fall, then remember the main thing: get up at any cost. The easiest way to do this is to grab someone's legs and aggressively climb up them as hard as you can. If you can no longer stand up, then you need to take the fetal position, lie on your back, tuck your legs, bend your arms, press your chin to your chest. But you have to get up at any cost. - Don’t look people in the eyes, don’t count on anyone’s help, don’t wait for commands, think on your own and as quickly as possible.

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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 2022 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:

1. Object of crime. In case of kidnapping it is personal safety, in case of capture it is public safety.
2. 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.
3. 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.
4. 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.