Hostage-Taking: Some Questions of Qualification

Abstract

The authors examine hostage-taking as a crime that threatens the state of security of the society as a whole. This crime is often viewed as one of the ways to commit a terrorist act, and counteraction measures are carried out not only by separate countries, but also by the global community through the adoption of international legal norms. The article considers three main groups of questions. The first group is devoted to the concept of hostage-taking. It is noted that the lawmakers do not offer a definition of this term, and the disposition is wider than the title of the article. In this connection, it is considered important to define and fix in the law the concepts of «taking» and «holding». The authors also consider a special qualifying attribute of taking hostages (Part 4, Art. 206 of the Criminal Code of the Russian Federation) that determines liability for causing death by intention during hostage-taking. They point out the legal positions of some scholars who believe that such a solution is not entirely correct. Besides, they examine the Degrees of the Plenary Sessions of the Supreme Court and conclude that it is necessary to introduce the corresponding amendments. The authors also analyze the special ground for exemption from liability in cases of hostage-taking formulated as a Note to Art. 206 of the CC of the RF. The authors conclude that it is necessary to partially reconstruct the article of criminal legislation under analysis, and the acts of court interpretation.