Crime of taking or detaining a hostage in the polish criminal law (article 252 of the penal code)

Abstract

Article 252 of the current Polish Penal Code specifies a crime that was not governed by the previously applicable Penal Codes (of 1932 and 1969). It is penalized (by imprisonment for a period of not less than 3 years – Article 252 § 1 of the Penal Code) to take or detain a hostage in order to force a central government body or a local government body, institution, organization, natural or legal person or a group of people to behave in a certain way. An aggravated type of this crime is when the act referred to in Article 252 § 1 is committed with particular torment (then the perpetrator is subject to imprisonment for a period not shorter than 5 years or the penalty of imprisonment for 25 years – Article 252 § 2 of the Penal Code). Due to the high degree of social harmfulness of the offence of taking or detaining a hostage, the punishment for preparation for the crime specified in Article 252 § 1 of the Penal Code was introduced (Art. 252 § 3 of the Penal Code).