LEGAL CONSEQUENCE FOR CHILD KIDNAPPING

The person who kidnaps children, depending on the purpose and motivation, may face criminal prosecution under different crimes.

A reader sent a question to Dan Tri as follows: Recently, there are some article about the case of child kidnapping. I would like to know how the kidnapper will be handled.

Responding to readers' questions, Lawyer Nguyen Cong Tin, FDVN Law Firm, said that, according to Clause 1, Article 1 of the Law on Children 2016, a child is defined as a person under 16 years of age. This law also stipulates that one of the prohibited acts is "Abandoning, neglecting, trading, child kidnapping, exchanging, appropriating children...".

Article 27 of the Law on Children stipulates that "Children have the right to be protected, in any form, from violence, neglect or abandonment which harms their comprehensive development."

According to the lawyer, the act of child kidnapping is prohibited by law. Those who commit the act of child kidnapping, depending on the purpose and motivation, may be face criminal prosecution under different crimes.

In case the offender uses violence; threatens to use violence or other tricks to seize or assign someone else to seize a person under 16 years of age, may be prosecuted for the crime of "Abduction of a person under 16", according to Article 153 of the 2015 Criminal Code. The maximum penalty for this crime is 15 years of imprisonment.

In the case of child kidnapping as hostages to appropriate property, the offenders shall be examined for penal liability for the crime of " Child kidnapping for ransom", according to Clause 2, Article 169 of the Penal Code 2015, with a penalty frame of 5 - 12 years' imprisonment. Meanwhile, the maximum penalty of Article 169 is life imprisonment.

In a situation where the offender arrest, or detents a child for “hostage to force a nation, territory, international organization or another organization or individual to act or not to act as a condition for releasing the hostage”, if they do not fall into the cases specified in Article 113 of the crime of "Terrorism to oppose the people's government" and Article 299 of the crime of "Terrorism", they must be examined for penal liability for the crime of "Taking hostages", specified in Article 301 of the Penal Code.

The offenders of child kidnapping are subject to aggravating punishment with a sentence of 3-7 years' imprisonment. In cases where the offense causes particularly serious consequences, the prison term can be up to 15 years.

The fourth case is the act of child kidnapping for the purpose of trading, they will be handled for the crime of " Trafficking of a person under 16 years old", based on Clause 1, Article 151 of the Penal Code. The maximum penalty for this offense is life imprisonment.

Link of the newspaper: NHỮNG TÌNH HUỐNG PHÁP LÝ ĐỐI VỚI HÀNH VI BẮT CÓC TRẺ EM

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