Legal aspects of the detention of a hostage-taker in penal institutions

Abstract

 Relevance. This article examines current issues related to the physical detention of a prisoner who has violently taken hostages. It is noted that terrorist attacks involving hostage-taking involving correctional facility staff and inmates have recently become more frequent in correctional facilities. The commission of such crimes by individuals convicted of terrorist offenses indicates their heightened public danger and therefore requires special attention. In this study, the author analyzed and presented various perspectives on the existing problems associated with the use of physical force, special equipment, and weapons by penal system employees, as discussed in the works of Russian scholars. The author also notes that the release of hostages, from a criminal law perspective, cannot always be considered a circumstance of necessary defense, as it often results in the arrest of the perpetrator.

The purpose of this article is to clarify the legal aspects of the detention of a person who has taken hostages in penal institutions.

Conclusions. The detention of a hostage-taker in a penal institution is of significant practical importance, as it involves the use of physical force, special equipment, and weapons, and a delay in their use can result in the death of the hostages (or captured people). The negative attitude of supervisory and investigative authorities leads officers to avoid using physical force, special equipment, and weapons until the last possible moment, thereby putting their own lives and the lives of others in danger.