Hostage-taking is a serious crime in which a person unlawfully deprives another of his or her liberty for the purpose of forcing a third party to do, refrain from doing, or tolerate something. This crime often occurs in situations where pressure is applied to obtain a ransom, for example, or to enforce other demands. Hostage taking is considered a very serious criminal offense because of its great impact on the victim. In principle, hostage-taking is punishable by up to 12 years in prison or a fifth-category fine (€103,000).
What is a real-life example of hostage-taking? A man holds his ex-girlfriend hostage in her home. He threatens to injure her if she does not agree to his demand to give him her car. While pressuring her, he carries a knife and locks the doors so she cannot escape. Despite her resistance, he continues to hold her to get his demand fulfilled. Eventually, the police manage to safely free the woman and arrest the man, charging him with hostage-taking and menacing.
Hostage-taking and unlawful deprivation of liberty are different criminal offenses. Both offenses involve restricting a person's freedom, but they differ in intent and purpose.
What does the law article say regarding hostage-taking?
The law article criminalizing hostage-taking, Article 282a of the Penal Code, reads as follows:
"He who unlawfully deprives another of liberty and thereby compels or attempts to compel a third person to do, not to do, or to tolerate something, shall be punished, as guilty of hostage-taking, by imprisonment for a term not exceeding 12 years or a fine of the fifth category.
What penalties can be imposed in hostage taking?
It is up to the judge to determine whether a crime has been committed and what punishment is appropriate and necessary. This takes into account all the circumstances of the case, including the severity of the hostage taking, the duration of the deprivation of liberty, and the impact on the victim. The defendant's personal circumstances also play a role. The attorneys at Kötter, L'Homme & Plasman Lawyers ensure that these circumstances are properly presented to the judge. The maximum prison sentence for hostage taking is twelve years, but in practice this sentence is often tailored to the specific circumstances of the case.
An attorney from Kötter, L'Homme & Plasman Lawyers can play a crucial role in a suspected hostage-taking case. One of our attorneys can point out to the judge any deficiencies in the evidence, which may lead to an acquittal. Even in cases where the defendant has confessed to the crime, an attorney can argue for a lesser sentence by citing circumstances that reduce the severity of the crime.
Is attempted hostage-taking punishable?
Yes, attempted hostage-taking is also punishable. Article 45 of the Penal Code states that an attempt to commit a crime is punishable, provided there was a beginning of the execution of the crime. Here, the court looks at how close the defendant's actions were to the completion of the intended crime. In addition, the defendant must have had intent to commit the crime. This means that the defendant knowingly accepted the likelihood that his actions would lead to the criminal consequence.
Attempted hostage-taking carries a lower maximum sentence than completed hostage-taking. The maximum sentence is reduced by 1/3 for an attempt.
Exoneration for (attempted) hostage-taking?
With regularity, suspects are acquitted of this crime. An example is shown below.
The court acquitted defendants because it could not be proven that they committed the hostage taking with the specific purpose of getting others to do or not do something. The deprivation of liberty was aimed at the victim himself, not at obtaining ransom from third parties. Although attempts were made to obtain money from others, it did not appear that these actions determined the purpose of the hostage taking. Therefore, the court could not find the defendants guilty of hostage taking.
Need a lawyer because of (attempted) hostage taking?
The attorneys at Kötter, L'Homme & Plasman Advocaten are experienced criminal law specialists in the field of (attempted) hostage taking. We can assist you the moment you are suspected of (attempted) intentional deprivation of liberty. Our lawyers will analyze the criminal file and determine with you the best strategy to achieve the desired result. It is important to know that our lawyers do not make empty promises; we offer you sound, honest and sincere advice. Should you have to appear in court, we will ensure that you are thoroughly prepared for the hearing. The attorneys at Kötter, L'Homme & Plasman Advocaten will represent you in the best possible way during the hearing.
If you have any questions about this, please feel free to contact our office. You can send an e-mail to info@klpadvocaten.nl or during office hours call 020-6731548. In case of emergency (if you or someone you know may be arrested soon), please contact us at our emergency phone number 06-24428734.
Read here more about unlawful deprivation of liberty.
