Question juridique clé
Whether the defendants' conduct amounted to qualified hostage-taking under Art. 185 ch. 2 CP
Solution extraite
No. Qualified hostage-taking requires threats of death, serious bodily harm, or cruelty used to pressure the third party to comply. The acts after the defendants learned the true ransom purpose did not include such threats, and earlier acts could not be reattributed to them under Art. 185 CP.
Motifs extraits
The factual findings bound the court. The defendants learned of the ransom purpose only later, so only subsequent conduct mattered. Keeping the victim hooded and handcuffed was not shown to pressure the family, and the ransom threats by B. were unknown to the defendants.