The difference between hostage taking, unlawful deprivation of liberty and kidnapping
Earlier this week, Merksplas was rocked by serious events. A man forced his ex-partner's house and kept the resident family under control for hours. Unfortunately, the ex-partner's son, a young man of 19, did not survive this raid.
Hostage
The word hostage-taking is often used for the acts under discussion. In criminal law, not every situation in which someone is deprived of his freedom to go and stand is necessarily a hostage situation. To legally speak of a hostage-taking there must be an arrest, detention or abduction for the purpose of securing satisfaction of an order or condition. Deprivation of liberty may also be intended to facilitate a crime [1], to cause offenders to evade punishment, escape or release offenders. This is provided for in Article 347bis of the Criminal Code.
Hostage-taking requires that another purpose is 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. 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.
Unlawful deprivation of liberty
The Penal Code additionally punishes the unlawful deprivation of liberty. This occurs as soon as someone is held captive without legal reason or lawful order. Unlawful deprivation of liberty differs from hostage-taking in that it can also initially arise from kidnapping. In addition, hostage taking must always involve a special intent, a purpose. This is not required to speak of the unlawful deprivation of liberty.
If guilty of this crime, one can face a prison sentence of 3 months to 5 years.
Kidnapping
Finally, there is the abduction. Legally technically, abduction is only possible with respect to a certain group of people. These include children and persons in a vulnerable condition due to age, pregnancy, an illness, or other reasons.
The punishment of kidnapping depends very much on the exact circumstances of the case. For example, whether the child is under 12 years of age plays a role. The penalty arsenal ranges from 5 to 30 years in prison.
Note, by the way, that the kidnapping can also be used as a tool for hostage-taking.
Do you have any questions? Would you like more information about this? Then feel free to contact us at info@bannister.be or 03/369.28.00.
[1] The law speaks of a crime or wrongdoing
