The taking of hostages is a criminal offence against the personal liberty and particularly against the physical integrity of the particular. The taking of hostages is regulated in the German penal code in "§ 239b StGB.

It is to be distinguished from the extortionate kidnapping in "§ 239a StGB by the fact that the taking of hostages impairs the freedom of choice, while the extortionate kidnapping calls enriching as an act goal by extortion. The taking of hostages is a crime ("§ 12 StGB) in the closer sense and ranks among the acts of violence in the closer sense.

"§ 239a exp. 2 StGB refers to the regulations with the extortionate kidnapping, this is in "§ 239a exp. 2 StGB the less heavy case (punishing threat not under one year imprisonment), in "§ 239a exp. 3 StGB the death of the victim (success qualification), caused by thoughtlessness with the act - punishing threat lifelong imprisonment or not under ten years -, in "§ 239a exp. 4 StGB the active regret, which leads 1 StGB to a mitigation of punishment after "§ 49 exp.

Factual characteristics

The taking of hostages is in principle an abstract The act actions are kidnapping or the itself seizing of a person and/or using a created compulsion situation. Furthermore it requires a threat with a heavy evil, i.e. a heavy bodily injury (thus the loss of an important member, the Seh or aural acuity or the or death. To that extent a compulsion is contained in the facts (inclusive the necessary compulsion intention).

Cases of problem

The facts prepare problems because of its high punishing threat, since also less heavy cases plan a minimum punishment of 1 year. Here the facts possibly step in particularly stored cases into a stress ratio with the proportionateness principle.

The success-qualified implementation of the death ("§"§ 239b exp. 2 i.V.m. 239a exp. 3 StGB) of the victim can be affirmed also if the hostages indirectly, thus for example by a release action failed one kills.

Because of the high penalty clause, which corresponds the one homicide, the facts become from victim protection reasons (the author the hostages could kill and would have the same punishing framework!) restrictively laid out: It is necessary that stabilized the kidnapping/seizing and the author wants to then use this situation for the second act action and/or uses.

Further the taking of hostages is well-known for their problems in connection with the final rescue shot. In order to protect the hostages, preventive-legal regulations (thus those of the danger warning right) are used in addition, in consideration, at the same time exist the interest of pursuit of the state, repressive-legal regulations justified. Usually is to be proceeded however from an emphasis of the preventive intervention of the police.

With offenders, who carried out the taking of hostages, the court is justified to impose the so-called "supervision of guidance "after "§ 239c StGB (i.V.m. "§ 68 StGB).

Chronicle of the takings of hostages

Mass takings of hostages (without plane hi-jackings)

Literature

• Markus Immel: The endangerment of lives and body by taking of hostages ("§"§ 239a, 239b StGB), Berlin 2001, ISBN 3428104889
• Marko Brambach: Problems of the facts of the extortionate kidnapping and the taking of hostages. Berlin 2000, ISBN 3428099362
• Markus of Rhine countries: Extortionate kidnapping and taking of hostages ("§"§ 239a, 239b StGB): A structural analysis. 2000, ISBN 3825845451
• Sonja Christine Nikolaus: To the facts of the extortionate kidnapping and the taking of hostages. Berlin 2003, ISBN 3830505361

See also

• Hostage release
• Kidnapping
• Stockholm syndrome
• Erstsprecher

Related links

• "§ 12 StGB
• "§ 239a StGB
• "§ 239b StGB

Articles in category "Taking of hostages"

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