What is the difference between kidnapping and hostage taking? Taking a hostage (Article 206uk)

On the surface, kidnapping and hostage taking are very similar crimes.

Definition of concepts

Hostage taking

Under hostage taking means the unlawful deprivation of liberty of an individual or several people, committed secretly or openly, followed by the public presentation of the demands of the criminals and the announcement of the conditions under which the hostages will be released.

This is an atrocity has two objects: social security and life, freedom, human health.

Criminals take and hold hostages for the purpose of coercion some persons or government officials to perform certain actions: provide a plane to fly abroad, pass a law, release a criminal from prison.

Also, a criminal may pursue narrower goals: to receive a salary, an apartment, etc. The demands of criminals can be of a property, material, political and religious nature.

Attackers can hold hostages using violence not aimed at taking life (beatings, blows), psychological pressure. The end of the crime- this is the moment of capturing people.

In the Criminal Code of the Russian Federation, this crime falls under. Punishment for him subject to person after 14 years of age. This crime is particularly serious, especially if accompanied by aggravating circumstances. Types of such circumstances include:

A special group of aggravating factors constitute the acts of the invaders, leading to the death of the captured or other grave consequences. IN in this case the actions have signs of terrorism and therefore the criminals will be judged, among other things, under these articles.

If the culprit voluntarily releases the hostages, then he can avoid punishment under Art. 206, the offender is tried for carrying a weapon, causing harm to health or property.

Kidnapping

Kidnapping is said to be a crime when the attacker secretly or openly captures a person against his will and transports him to another place, different from his place of residence, and then forcibly keeps him there.

The object of the offense here is the freedom of the individual. Responsibility begins at age 16. The actions of the criminal fall under.

The end of the crime is the moment of capture, transportation to another place and deprivation of the person’s ability to choose where to stay. Wherein threats and psychological pressure are not qualifying factors.

If the attacker only managed to capture the victim, but was unable to move him to another place, then the crime is not over.

Guilty will be tried for attempted kidnapping.

The abduction, as a rule, occurs covertly and has personal gain.

The motive is not only material, but also moral. For example, a criminal kidnaps a person out of jealousy, unrequited love, or to repay debts.

Aggravating factors are:

kidnapping by several criminals by prior conspiracy;
use of violence or threat of violence (beatings, intimidation);
the use of weapons, here we mean not only real weapons, but also objects used as weapons (iron, stone, stick, etc.);
kidnapping of minors or pregnant women;
kidnapping of several people;
committing crimes for money.

Examples of kidnapping:

Citizen B. demanded from R. Debt repayment in the amount of 100 thousand rubles. Having not received this money, he decided to kidnapping of R's son. Having agreed with his acquaintance, he took the child from the playground, put him in the car and took him to his dacha. The kidnappers called the child's father and demanded a ransom of 500 thousand rubles under the threat of murder. R. Contacted the police, who found the intruders. For their deeds they were sentenced to 4 years .
Citizen C was in love with a girl L, but she did not reciprocate. Then S, under the pretext of bringing L home, took her to a country house and kept her for a week. To prevent her from running away, he tied her to the battery and threatened violence. The girl's parents put her on the wanted list. C was sentenced to 5 years in prison.

An example of imprisonment: Svetlana got a job as a servant for a wealthy family. After a couple of months she decided to quit, but employers did not give her passport, demanding to work another 2 weeks.

The girl lost the opportunity to get another job and move to another city.

She contacted the police, but the employer returned the documents as best he could avoid responsibility.

Hostage taking is a serious crime intended to undermine the safety of society.

It should be differentiated from kidnapping or deprivation of liberty. Since the consequences of atrocities vary, then for them there are different punishments.

Hostage taking - an example from judicial practice:

Author of the article -

Taking a hostage, as well as kidnapping, are considered grave and especially grave crimes. Both acts are committed against an individual or group of people. The difference between hostage taking and kidnapping is significant, and it can be recognized by analyzing the elements of the crimes. Each act is punishable under its own article of the Criminal Code. Let's look at the important aspects of qualifying hostage-taking and kidnapping, as well as the possible sentence.

Basic characteristics of hostage taking and kidnapping

Hostage taking is the unlawful holding of a person against his will in order to force the state or the public to perform a certain action. The demand may be a ransom that criminals demand from an organization or individuals. Typically, a person is held in certain place, where he was captured. His movement is restricted and they promise to release him only if the demand is met.

Important! The seizure is carried out publicly and is not hidden from the public. The attackers want people and the state to know about what happened, because it is important for them to receive money or achieve the fulfillment of another requirement. For the victim, there may or may not be a threat to life.

Kidnapping is a set of actions that involve the illegal removal of a citizen, his detention and movement to another place. This act is committed secretly, and only relatives and people involved in it can know about it. An important point is that the kidnapped person must be against going somewhere or traveling with the criminals. Because if the citizen gave his consent to the transfer, then the “kidnappers” cannot be convicted.

Crimes

Let's look at the elements of crimes in more detail to make it easier to qualify. You should pay attention to the differences that allow you to select an article from the Criminal Code for a specific act. We will look at the main points that are understandable to every person.

The objective side of kidnapping is that the action takes place in the external environment and should take place according to the following scheme: seizure, detention against the will and movement of a person. Hostage taking has the same procedure. Note that freedom of action is limited in any case, and a citizen cannot independently choose his location. Its actions can be completely controlled by attackers.

The object of an assassination attempt in hostage-taking is the safety of society. Also, related objects can be the health and lives of citizens, personal dignity, property, and human freedom. When they decide to kidnap a citizen, then the main object of the attack is the freedom of the individual.

The subjective side may be different, but, as a rule, capture individual or a group of people are decided for selfish reasons. Kidnapping is most often carried out out of revenge or jealousy, the desire to eliminate a competitor. In most cases, the theft of a citizen does not affect the interests of the state.

Penalties provided

When sentencing, not only the type of crime is taken into account, but also the presence of aggravating circumstances. Because if there are qualifying signs, a more serious punishment will occur. These include selfish motives, acts committed by a group of persons, actions that resulted in death or caused serious harm health, intentionally or accidentally. An attacker will also be judged more strictly if he used violence or weapons, or committed a crime against a minor, a pregnant woman, or a group of people.

What criminal liability is provided for hostage taking:

Without aggravating circumstances - imprisonment for a term of five to ten years.
An action committed by a group of persons, with the use of violence, against a child or a pregnant woman – imprisonment for up to 15 years.
A crime resulting in the death of a person through negligence is imprisonment for up to 20 years.
Intentionally causing the death of a hostage - imprisonment for up to 20 years or life.

Let us note that the illegal deprivation of a person’s freedom may not entail punishment if the attacker, at the request of the authorities, releases the hostage. Then he will avoid criminal liability, provided that there is no other crime.

If a citizen has illegally kidnapped a person, then the following punishment can be expected:

Without aggravating circumstances - imprisonment for up to five years or forced labor.
With aggravating circumstances – imprisonment up to 12 years.
If the crime was committed by an organized group, or the actions resulted in the death of the victim, imprisonment for up to 15 years.

If the attacker voluntarily releases the kidnapped person, then he will be released from criminal liability. Note that in Belarus and many post-Soviet countries there are similar legislative rules. There, kidnapping is also considered a serious crime.

Comparative analysis

To determine punishment, it is important to know how to distinguish between types of crimes. The distinction makes it possible to attribute an act to a specific article. It is necessary to pay attention to specific signs in order to understand the difference between kidnapping and kidnapping.

The delimitation is carried out:

According to the object of encroachment: in case of capture - the safety of society, in case of theft - the freedom of the citizen.
By type of action: they take hostages openly and demonstratively. The theft is carried out secretly, and only relatives can be informed about the crime.
On the subjective side: they want to capture people for selfish purposes, and steal for personal reasons.

Now it should be clear how these types differ criminal acts. Knowing their features, it will be possible to accurately classify the actions.

Hostage-taking in our country is regulated by Article 206 of the Criminal Code. At what age are people held accountable under this article, what is the punishment, the elements of the crime? How should a citizen who finds himself hostage behave?

It is worth paying attention to these issues, because the danger of this crime has long assumed a global scale. This is evidenced by the International Convention on this problem adopted by the UN Assembly in 1979.

Disclosure of parts of Article 206

Any forcible detention of a person or group of persons, obstruction of their freedom in order to obtain from a third party any values, privileges or (failure to) fulfill conditions is defined as hostage-taking. The third party is most often government authorities, less often an organization or a specific citizen. This is stated in Part 1 of Article 206. Violent action can be psychological (threat to health and life, material assets) or physical (tying up, blows, pushes that are not life-threatening).

In Russia, the punishment for this crime is imprisonment for a term of 5-10 years, depending on the conditions and other signs of the crime.

If Article 206 of the Criminal Code of the Russian Federation was violated under the circumstances described below, then the period of restriction of freedom increases from 6-15 years (see Part 2 of the same law of the Criminal Code of the Russian Federation):

A group of persons acted, and there was a preliminary conspiracy;
Cold steel, firearms or any other object that could threaten a person’s life were used;
Beating and other violence against a person;
Crime against a person under 18 years of age;
If an illegal act was committed against a pregnant woman and the perpetrators knew about it;
Detained by two or more persons;
If mercenaries or top officials acted for selfish purposes.

According to Part 3, organized criminal groups, if they killed people during the capture and/or retention, or the death occurred due to negligence or illness.

Life imprisonment faces a person or group of people in some situations, especially if it involves terrorism. For example, hostage taking at school 1.09. 2004 in Beslan. The only terrorist who survived the assault, Aburkashevich, received a life sentence, which, due to the moratorium in Russia, replaced the death penalty.

The criminal (see the commentary of the Criminal Code of the Russian Federation) is released from criminal liability if, at the request of the authorities, police or voluntarily, he releases the hostage. Provided there is no other crime.

Persons over 14 years of age are subject to criminal liability.

Main differences from kidnapping and unlawful detainment

Differences between hostage taking and kidnapping:

the object of the crime when holding hostages is, first of all, public safety, then the life and health of citizens, interests, including financial ones, of organizations, individuals, and the state. When a person is kidnapped, the object is only the freedom of the victim.
seizure, as a crime, is of a demonstrative nature; often violators of the law require the involvement of journalists and television. The kidnapping is carried out in secret and the bandits put forward their demands only to the relatives of the kidnapped person and threaten with death if they contact the police.
When taking hostages, lawbreakers are not interested in the identity of the captured people. In another case, it is important for the criminal to kidnap a specific person for some reason. For example, collecting debt, demanding ransom from wealthy relatives, etc.

The punishment and elements of the crime for kidnapping are prescribed in Article 126 of the Criminal Code.

If you turn to judicial practice, then most often the abduction occurs due to selfish motives, less often for personal reasons - jealousy, work, elimination of a rival, revenge. Whereas in another case, the actions of the invaders are aimed at larger interests. These include demands such as the overthrow of the government, the desire to release a prisoner, the demand to leave the country.

The crime under Article 206 is considered completed from the moment the criminals demand from a third party the fulfillment of their conditions in exchange for release or not causing harm to the hostages.

An illegal action under Article 126 is considered completed from the moment of deprivation of freedom of another person and restrictions on choosing his place of stay at his own discretion. It does not matter whether there were threats, demands for ransom, or the person was kidnapped for another purpose.

Illegal deprivation of liberty (Article 127), in contrast to hostage-taking, is carried out without moving a person to another place and implies keeping him in his usual conditions. Criminal liability begins at the age of 16.

What to do if you find yourself hostage?

To provide own safety a person who is taken hostage must adhere to the following rules of conduct:

not to engage in activities that could provoke the use of weapons;
comply with the demands of the bandits, endure and not react to insults and other humiliations;
do not enter into disputes or conflicts with criminals;
avoid direct eye contact with invaders;
panic and hysterical behavior are strictly prohibited;
do not resist or insult the criminals;
you can take a neutral position and speak in a calm voice;
if possible, then ask permission to go to the toilet and other activities.
show courtesy and tact in all circumstances;
answer questions briefly and clearly;
position yourself away from windows, doors and the invaders themselves. This will protect lives in the event of a liberation operation.

If the taking of a hostage occurred in a personal vehicle, try to attract the attention of traffic police officers and violate traffic rules. When on a bus, plane or train, do not move around the cabin and remain in place.

When conducting a rescue operation by special services:

do not run towards them;
lie on the floor face down and do not move, cover your head with your hands;
if the previous point cannot be fulfilled, cover your body with any available object, hide behind a seat, any furniture;
You should not pick up a weapon at this time, the special forces may mistake you for a criminal;
if possible, prevent the criminal from getting lost in the crowd of victims;
If tear gas is used, you need to blink frequently to release tears, cover your nose and mouth with a handkerchief, if possible wet.

When captured indoors, you need to draw as little attention to yourself as possible, but if possible, remember faces, listen to the words and accent of the criminals. It is important to remember more information for further cooperation with the police in order to quickly identify the invaders.

Video: Actions if you are taken hostage

Kidnapping (Article 126 of the Criminal Code of the Russian Federation).

The object of human abduction is the social relations that develop regarding the realization by a person of the natural, guaranteed by the norms of international and constitutional law to freedom of residence and movement and ensuring the security of freedom as the most important social good. An additional object in the qualified elements of a crime (parts 2, 3 of Article 126 of the Criminal Code of the Russian Federation) are relations that ensure the safety of the life and health of the victim.

Since there is freedom of movement and residence subjective right, which a person can dispose of at his own discretion, the voluntary and informed consent of the victim to his “kidnapping” (kidnapping at the request of the victim) excludes criminal liability. Criminal liability is excluded if the conditions are met. emergency(for example, when relatives “kidnap” a child from his parents, whose behavior poses a threat to his life, health, and proper personality formation).

The objective side is characterized by the implementation of active actions: a) secret or open or through deception, the capture (capture) of a living person; b) confiscating and moving him from his place of permanent or temporary residence; c) subsequent retention against his will and desire. In all cases, this can be either a fairly long (several days, months or even years) or a relatively short (minutes or hours) stay in captivity.

The composition is formal in design. is considered from the moment of actual capture and transfer of the abducted person against his will to another place.

This type of kidnapping should be distinguished from hostage taking. Despite their general similarity, there are serious differences. Firstly, they differ in the object of the attack, in the objective side and in the signs subjective side. Secondly, when a person is kidnapped, there are no conditions for his release. In Art. 206 of the Criminal Code directly states that setting conditions for the release of a hostage is mandatory feature corpus delicti when demands are presented to the state, organization or citizen.

Russian criminal law contains elements of crimes against personal freedom that have not only the same direct object of encroachment - human freedom, but also similar objective aspects. We are talking about Art. Art. 126 and 206 of the Criminal Code of the Russian Federation “Kidnapping” and “Hostage-taking”. These articles in the Criminal Code stipulate in a number of cases the competition of norms, and the question often arises about the correct qualification of the actions of the perpetrator. Often employees law enforcement put a sign of identity between the terms “kidnapped” and “hostage” Ushakov E.V. Distinguishing between kidnapping and hostage taking - issues of coordination and disagreement // Investigator. 2002. No. 6. S. 2..

The problem of distinguishing between kidnapping and hostage taking was given attention by L.D. back in 1994. Gaukhman, S.V. Maksimov and S.A. Saulyak. They noted that “the elements of the crimes of “kidnapping” and “hostage-taking” are practically impossible to accurately distinguish one from the other, which is caused by insufficiently defined formulations of the signs of these crimes in the dispositions of the elements of crime” Gaukhman L.D. On liability for hostage taking and kidnapping // Legality. 1994. No. 10. P. 44..

There are opinions of other authoritative scientists. So, V.N. Kudryavtsev rightly notes: “In order to correctly qualify a criminal act, it is necessary to clearly understand the dividing lines between related crimes. Establishing signs that are characteristic only of a given act, discarding those signs that are not inherent in this act, gradually deepening the analysis of the corresponding legal norm and the actual circumstances of the crime, the law enforcement officer comes to a single set of features that characterize this crime, distinguishing it from others” Kudryavtsev V.N. General theory classification of crimes. M., 2001. P. 126.. In this regard, there is a need for an accurate, scientifically based solution to the issues of these compounds, which is dictated by the needs of law enforcement practice.

For the most complete consideration of the concept of “hostage taking”, let us turn to the sources of its origin. In legal literature, hostages usually refer to persons captured by force and held in exchange for ransom or political concessions by one person or group of persons in Peaceful time. The above concept came to Russian legislation from international law. The concept of “hostage” is found in the Soviet Encyclopedic Dictionary: these are persons forcibly detained in order to force the state, organization or other persons to fulfill certain demands or obligations. During war, hostages are citizens of one of the warring parties from among civilians, prisoners of war, wounded and sick, unlawfully detained by the enemy in order to ensure the fulfillment of his demands and orders. Taking and killing hostages is prohibited by criminal lawSoviet encyclopedic Dictionary. M., 1988. P.488. .

IN legal literature the taking of a person as a hostage is defined by a number of scientists as “illegal forcible seizure of a person, accompanied by restriction of his freedom of movement” Commentary on the Criminal Code / ed. L.L. Krutikova and E.S. Tenchova. Yaroslavl, 1994. P. 363.. Consequently, in relation to a person, this means complete control over the person’s behavior, including his personal freedom. Based on this, according to V.G. Byazrov, taking possession of a person also includes restricting his freedom of movement. Thus, restriction of a person’s freedom is one of the signs of taking a person as a hostage. Moreover, it is an unlawful restriction of a person’s freedom. Since its legal restriction, for example, the actions of law enforcement officers will not constitute the taking of a person as a hostage, Byazrov V.G. On the question of signs of the objective side of hostage taking // Investigator. 2010. No. 4. P. 6..

Yes, in a number of foreign countries, for example, in German criminal law, “hostage” means “an individual captured and (or) held for coercive purposes” German criminal law. P. 239.. A characteristic sign of hostage-taking is that the victim is in a place known to the police, but is not allowed to leave this place. During hostage-taking, those directly coerced are more or less accidental victims of the crime, since they are at the scene of the crime as employees and customers (for example, in a bank robbery). They are used as a means of pressure in order to achieve a result or to act as a so-called human shield to avoid capture by the police. When a hostage is taken through an airplane hijacking or a steamship hijacking, the victims are moved (sent) to another location, but it is unknown, which means that the crime scene is moving.

How independent species The international crime of hostage taking was provided for by the Convention against the Taking of Hostages of December 17, 1979. Collection of international treaties of the USSR: Vol. 18. M., 1989. P. 99 - 105.. and belonged to the group of crimes that harm peaceful cooperation and the normal implementation of interstate relations. IN this document the main directions of countering this crime are indicated, and hostage taking is defined as the capture or detainment of another person and the threat to kill, injure or continue to hold the hostage in order to force a third party (state, international intergovernmental organization, any individual or entity or a group of persons) to commit or refrain from committing any act as a direct or indirect condition for the release of a hostage Commentary on the Criminal Code Russian Federation(item by item) / under. ed. V.M. Lebedev. M., 2013. P. 258..

In the current criminal legislation, the “hostage-taking” norm has been adjusted in Art. 206 of the Criminal Code of the Russian Federation and is located in Chapter 24 of the Criminal Code of the Russian Federation “Crimes against public safety". In addition, in accordance with Federal Law N 35-FZ "On Countering Terrorism", adopted State Duma On February 26, 2006, which came into force on March 6, 2006, hostage-taking, as well as kidnapping, was classified as a “crime of a terrorist nature.” Speaking about the differences between these crimes, it should be mentioned that hostage-taking is classified as an international crime, since the fight against it is carried out on the basis of the International Convention on the Taking of Hostages, adopted by the UN General Assembly in 1979.

For the correct qualification of the acts under study, it is important to emphasize the features that distinguish the elements of kidnapping from hostage taking. So, S.V. Sklyarov rightly notes that “the features that limit the offense of “kidnapping” from related offenses are:

a) the presence of three sequential actions - capturing a person, moving him and holding him;

b) the secret nature of the place where the stolen goods are kept;

c) the absence of close family relations between the abductors and the abducted;

d) a limited circle of persons to whom the requirements are imposed (if any)” Sklyarov S.V. Taking a hostage and distinguishing it from kidnapping and illegal deprivation freedom // Actual problems public safety: Abstracts of the All-Russian scientific and practical conference (September 24 - 27, 1996). Irkutsk graduate School Ministry of Internal Affairs of Russia, 1996. pp. 47 - 48..

Before moving on to the analysis of the distinction between kidnapping and hostage taking, it seems advisable to first give brief description hostage taking.

One of fundamental criteria delimitation of the crimes under consideration is the object of the criminal attack. The issue of finding a rule providing for liability for hostage taking in the system of the Special Part of the Criminal Code has been resolved ambiguously at different times. Initially, this norm was located in the Criminal Code of the RSFSR of 1960 in the chapter “Crimes against life, health, freedom and dignity of the individual,” and the physical freedom of a person was considered as the object of a criminal attack, just as in the case of kidnapping. Thus, statutory created a single object for two identical crimes serious problems their delimitation. With the development of criminal legislation, the question of the objective nature of hostage taking was, in turn, also revised. In criminal legislation, the rule on hostage taking is adjusted in Art. 206 of the Criminal Code of the Russian Federation, which is located in the chapter “Crimes against public safety”.

Public safety as a generic object of hostage taking is a complex social category. Safe in Federal law dated December 28, 2010 N 390-FZ “On Security”On Security: Federal Law of the Russian Federation dated December 28, 2010. No. 390-FZ // Collection of legislation No. 1. Art. 2. refers to the state of protection of the vital interests of the individual, society and state from internal and external threats. V.S. Commissioners understand public safety as a certain set of relations regulating safe conditions life of society, but also supporting such a level of security of society that is sufficient for its normal functioningCourse of criminal law. Special part: in 4 volumes / ed. G.N. Borzenkova and V.S. Komissarova. M., 2002. T.4. P. 174..

The capture or retention of a hostage itself is only a means of achieving the main goal. When taking a hostage, the perpetrator is primarily interested in the possibility of using the person being held, and not in his identity. The victims in this case have no relationship with the criminal G.V. Ovchinnikova. Hostage taking. M., 2004. P. 89..

Considering the differences between kidnapping and hostage-taking, it is necessary to dwell on the additional object of the above-mentioned compounds. An additional object when taking a hostage is the physical freedom of the person, which is the direct object in kidnapping, as we discussed when considering this crime. When a hostage is taken, the purpose of the actions of the perpetrators is not to take the hostage itself, but to carry out certain actions on the part of the state, organization or citizen. In this regard, we can conclude that hostage-taking differs from kidnapping a person at an object. When a hostage is taken, the main area of encroachment is public safety, and when a person is kidnapped, it is the person’s physical freedom.

As an example, we can cite the criminal case initiated against M.V. Igolkin. As follows from the case materials, M.V. Igolkin, who was experiencing financial difficulties, had an intention to seize and hold him as a hostage, in order to force him to transfer funds to him. Carrying out this intent, Igolkin M.V. armed himself with a knife and at about 4:40 p.m. went into the cash register office of Organization 1 LLC, where he began to wait for visitors. Having waited for the moment when the visitor FULL NAME1 Igolkin M.V. entered the premises, acting in accordance with the developed plan, took out a knife prepared in advance and using it as a weapon, with the aim of taking her as a hostage, attacked FULL NAME1 - grabbed her from behind by the neck and pointed her to a knife blade on her neck, that is, threatening to use violence dangerous to life and health, Full Name 1. Taking Full Name 1 as a hostage and holding her as a hostage under his control, threatening to use violence dangerous to life and health, Full Name 1 Igolkin M.V. demanded that the cashiers of LLC "Organization 1" give full name 2 and full name 3 to him cash, located in the cash registers of LLC "Organization 1", threatening to kill if his demands for the transfer of money are not fulfilled. regional court dated January 18, 2010 // Rospravosudie [Electronic resource]: URL https://rospravosudie.com (February 15, 2014).

The victim in a capture, as well as in a kidnapping, can be any person whose deprivation of liberty the criminal seeks to achieve his goals. This could be a Russian citizen, foreign citizen or a stateless person, an official (or non-official), a statesman, public figure or government representative, etc. At the same time, due to the presence in the disposition of Art. 206 of the Criminal Code of the Russian Federation for the special purpose of committing a crime, victims play different roles when committing the crimes in question. When a hostage is taken, the victim acts as a means of causing harm to an object (public safety) or, in other words, as a means of committing a crime.

Thus, victim M. testified in court hearing that on the night of March 12, 2001 at the first aid station correctional institution where she was working, convicts burst in. I. put a knife to her throat and stated that they were taking her hostage in order to escape from the colony. The convicts tied the hands of the orderly and demanded that she call operational duty officer Z. When the latter arrived, they disarmed him, tied his hands and demanded that she call the duty shift. F. and K.A. came when called. and M.A. The convicts also tied them up. Then they seized the premises of the punishment cell, tied up the duty officer I.B. and put everyone in cells. However, they were disarmed by other convicts. Definition Supreme Court RF dated 04/03/2002 n 11-O02-20 // Now business and government. ru [Electronic resource]: URL http://www.lawmix.ru (February 18, 2014).

Also, one of the criteria for distinguishing the crimes under consideration is the objective side of their commission. The objective side of the crime is the capture or retention of a hostage. So, under capture, as an act of human behavior, comes from the words “seize,” which also means “take by force” Dahl V. Explanatory Dictionary of the Living Great Russian Language: in 2 volumes. M., 1999. Vol.1. P.658. and “capture”, understood as “to take possession of someone or something by force” Ozhegov SI. Dictionary of the Russian language. M. 1984. P.448. Therefore, the capture of a person in the Russian language means taking possession of a person under the influence of violence. Byazrov V.G. On the question of signs of the objective side of hostage taking // Investigator. 2010. No. 5. C.6.. Since the legislator does not specifically indicate in the disposition of Art. 206 of the Criminal Code of the Russian Federation, non-violent seizure of a person as a hostage can be both violent and non-violent Kozlova N.N. Criminal liability for hostage taking // Author's abstract. dis... cand. legal Sci. M., 1992. P. 114 -115.. For example, the non-violent capture of a person as a hostage will be the capture of a sleeping person (or who is unconscious under the influence of any substances or drugs due to illness), by moving him in this state to another place or taking possession by deception.

To take a person as a hostage, it is typical to commit active actions that must be conscious and volitional. It is a person’s body movements that characterize his active behavior. Based on this, it seems that the taking of a person as a hostage is always carried out in the form of an action by N.S. Tagantsev. Russian criminal law. Lectures. General part: in 2 volumes. M., 1994. T.1. P. 265..

However, the presence of outwardly similar illegal actions of guilty persons in the compositions under consideration still presents certain difficulties for the law enforcement officer in delimiting them. If we turn to the rule providing for liability for taking a hostage, we will see that the legislator has designed objective side crimes such as “capturing or holding” a person as a hostage, thereby indicating that in order to have a completed crime it is necessary to commit at least one act of capturing or holding a hostage. In the Russian language dictionary, retention means the following: “not to let go, not to give up part of something upon payment” Ozhegov S.I. Dictionary of the Russian language / ed. Shvedova N.Yu.. M. 1986. P. 717.. This understanding of retention is reflected in the legal literature in relation to holding a person as a hostage. Thus, retention means “forcible obstruction of a person from leaving a certain location” V.S. Komissarov. Responsibility for hostage taking according to the Criminal Code of the RSFSR // Bulletin of Moscow University. 1995. No. 5. P. 47.. The position is similar, according to which detention “is more connected with “leaving or forcing to stay” the hostage in a certain place, room, room, etc.” Kuzmin S.N. Issues of qualification of hostage-taking and problems of improving the activities of bodies executing punishment. M., 1993. P. 143..

In addition, in accordance with the disposition of Art. 206 of the Criminal Code of the Russian Federation mandatory element hostage taking is the making of demands by the person who committed the crime against third parties specified in the law. Based on the above, we can distinguish only two options for criminal actions when taking a hostage. Firstly, the capture of a person with the making of demands and, secondly, the retention of a person with the making of demands. In this case, the addressee of the demands can be any state (one’s own, i.e. whose citizen the subject is or a foreign one), as well as an organization (foreign or Russian). Depending on the nature of the requirements, the addressee may be personally defined (a specific manager, executive, government representative, public figure, etc.) or not, which also does not matter for qualifications. It does not matter who will fulfill these requirements. Unlike kidnapping, hostages are not subject to demands; they are, as it were, “goods” with which the criminals will pay if their demands are met. However, when hostages are taken, something more than the interests of a particular individual is at risk, namely, the interests associated with the safe living conditions of society. And, finally, the most important thing is that the criminals who have taken a hostage, unlike kidnappers, do not hide their demands, they act openly, sometimes with ultimatums. Thus, the fact of detention during hostage-taking, in contrast to violent kidnapping, is often of an open (public) nature. Gadzhiev S.N. Theoretical and practical aspects of qualification of kidnapping: Author's abstract. dis. ...cand. legal Sci. Makhachkala, 2005. P. 93..

This confirms that the object of this crime is public security relations. When a person is kidnapped, the subject, even pursuing selfish goals, is not interested in making them public. The fact of holding the stolen property is known, as a rule, only to relatives, acquaintances and, in some cases, business partners.

Practice shows that the nature of the demands made by the criminal is very diverse and may be associated with the desire to leave the country, receive a large sum of money, or achieve the reversal of any political decision ( international treaty) or, on the contrary, force him to accept it, release prisoners, achieve pardon to a specific person, provide vehicle, weapons, explosives, ensure a meeting with media workers Ibid. P. 94..

The Astrakhan regional court issued a guilty verdict against local resident Alexander Kuptsov. He was found guilty of committing a crime under paragraphs. “g, d, g” part 2 art. 206 of the Criminal Code of the Russian Federation. The court found that on March 14, 2013 at approximately 13:50, in order to force the state to take certain actions in his favor, the man arrived at the Volga-Caspian Marine Fisheries College, carrying a box simulating explosive device, as well as an object similar to a pistol. Demonstrating them and threatening to use them, he took hostage a college security guard, students and a teacher, whom he held in the classroom. At the same time, the attacker put forward demands to law enforcement officials to provide him with food, a car and money. Conviction of Astrakhansky regional court dated June 11, 2013 // General Prosecutor's Office of the Russian Federation [Electronic resource]: URL http://genproc.gov.ru (February 20, 2014).

However, according to Bauskov D., the inclusion by the legislator in the disposition of Art. 206 of the Criminal Code of the Russian Federation such a sign as retention is unnecessary. The basis for this decision is the following circumstance. In its etymological meaning, the concept of “capture” already means holding someone. Consequently, the content of these concepts is quite clear and there is no need additional duplication. Thus, in its essence, the crime provided for in Article 206 of the Criminal Code of the Russian Federation, in contrast to kidnapping, can be expressed by only one illegal action - capture. Bauskov D. Distinguishing forcible kidnapping from hostage-taking // Legality. 1999. No. 2. P.34..

You should also pay attention to the end of these crimes. The timing of the end of a hostage-taking crime is of great importance. The problem is that hostage taking can be significantly extended in time, and therefore it can be called a continuing crime, i.e. the legal and actual moments of the end of a given crime do not coincide, and this time range can be significant: from several hours to many months.

According to investigators, around noon on May 27, 2011, two people convicted of serious crimes Kirill Golubev and Yuri Ivashchenko, who served time in penal colony maximum security unit number 4 in the village of Seredka, took six female medical staff hostage and held them for seven hours. The prisoners demanded 40 thousand rubles, alcohol and a car. They released one of the hostages during negotiations, the rest were released during a special operation, during which a prisoner and one hostage were injured. Verdict of the Pskov Regional Court dated November 11, 2011. // Prison portal of Russia [Electronic resource]: URL http://prisonlife.ru (February 24, 2014).

The moment of the end of this crime is considered to be the time of actual capture or actual detention, i.e. depriving a person or persons of the real opportunity to move at their own discretion. According to N.N. Kozlova, to recognize the crime as completed, it does not matter whether demands were made on organizations, citizens or the state, since it is committed “for the purpose of” Kozlova N.N. Criminal liability for hostage taking: author's abstract. dis... cand. legal Sci. M., 1992.S. 10.. At the same time, to determine the moment of completion of the crime, it does not matter whether the demands of the criminals were met at all or not. Authors analyzing kidnapping share a similar opinion. For example, N. E. Martynenko considers the moment of the end of the kidnapping of a person to be precisely the moment of taking possession of a person, depriving him of the freedom to choose at his own discretion his place of stay (for example, from home, street, etc.) for his subsequent movement to a place intended for concealment and forcible retention of Martynenko N.E. Kidnapping: criminal legal and criminological aspects: abstract. dis... cand. legal Sci. M., 1994. P. 35..

The subjective side of the crime is characterized by direct intent, the perpetrator realizes that he is seizing or holding a person as a hostage in order to force the state, organization or citizen to perform any action or refrain from performing any action as a condition for the release of the hostage, and wants to act in this way Commentary on criminal Code of the Russian Federation (item-by-item) / under. ed. V.M. Lebedev. M., 2013. P. 260. In contrast to hostage-taking, kidnapping, the perpetrator realizes that he is illegally capturing another person and, against his will, moving him to another place and desires this.

Thus, the intellectual aspect of the crimes under consideration is different. Thus, when a hostage is taken, the consciousness of the perpetrator embraces a certain set of illegal actions aimed at causing harm to social relations that regulate the safe living conditions of society, namely: personal safety, disruption of the normal activities of organizations, etc. The intellectual moment of direct intent is characterized by the awareness by the perpetrator that, by committing a crime, he is depriving another person of freedom. In addition, a mandatory feature of the subjective side of hostage taking, in contrast to kidnapping, is a special goal - forcing a state, organization or citizen to perform any action or refrain from performing any action as a condition for the release of the hostage.