Deadly hostage-taking

Article 347bis of the Criminal Code defines "hostage-taking" as follows: hostage-taking is an arrest, detention or abduction for the purpose of securing satisfaction of an order or condition. The deprivation of liberty may also be intended to facilitate a crime, make offenders escape punishment, allow offenders to escape or go free.

Thus, hostage-taking requires that there be a purpose intended by the perpetrator. There must also be an effective deprivation of liberty. A person who merely makes it appear that he has deprived someone of his freedom without actually doing so is not guilty of hostage-taking. For example, it may happen that a person informs relatives of a person that they have been taken hostage (without this being true). Even if a ransom is demanded in this case, it is extortion rather than hostage-taking.

The legislature considers hostage-taking a particularly serious crime. The basic crime of hostage-taking is punishable by imprisonment of twenty to thirty years. This means that, in principle, a Court of Assizes must rule on the matter. However, hostage-taking can also be tried by the correctional court if mitigating circumstances are assumed. However, when there are aggravating circumstances, such as when the hostage is a minor, the crime is punishable by life imprisonment and the Assize Court will have jurisdiction anyway. Similarly, when the hostage taking is fatal, the case will have to be argued before the Assize Court.