On The Identification Of The Crime Of Kidnapping

Kidnapping is an intentional crime. By kidnapping the victim as hostage and taking the hostage as an exchange precondition, the kidnapper tries to extort money and goods or realize other illegal purposes. Though not clearly defined in the criminal law, the kidnapper's subjective desire should be taken into consideration. Kidnapper's purpose is to get non-material interest, or to encroach the third person's interest and the encroachment has the characteristics of being serious and urgent. This subjective desire may form before or in the course of the enforcement of the crime. To kidnap other people as hostage forms the crime's objective reality. Keeping the victim hostage is the essential nature of this crime. Keeping hostage includes the very existence of the hostage, informing the third person of the kidnapping facts and the hostage's death or injury or long detention. The crime of kidnapping consists of kidnapping action and blackmailing activities, which are dependent of each other and together form the objective part of kidnapping. Kidnapping measures include using force, coercing and others. Using force refers to the fact that the kidnapper applies tangible violence to put the kidnapped under control while coercing refers to the fact that the kidnapper threatens to use force and spiritually controls the kidnapped. They are great enough to make the kidnapped unable to or dare not to fight back. "Others" should meet the three requirements: the kidnapper applies actions on the victim's body or freedom; the action is violent enough to make the kidnapped unable to fight back ; and the action is against the victim's will or makes the kidnapped lose their cognitive ability. Seizing children or babies is not kidnapping and singledeceiving cannot be considered as a kidnapping means. Kidnapping is a multi-interest-violating crime. Those who take relative criminal responsibility cannot be the main body of the crime of kidnapping, but those between 14 and 16, if intentionally kill or injure the kidnapped to death in the course of kidnapping, should be convicted of crime of murder or intentional injury. Activities of encroaching on citizen's right for debts are basically different from kidnapping. If the debt is illegal, however, such activities are not always exempt from the domain of kidnapping. The confirmation of "debts" should be in accordance with the suspect's subjective desire. There exists the question of crime nature and crime numbers owing to different kidnapping targets and kidnapping time. Those who murder or intentionally harm the third party to death in order to kidnap the victim should be convicted of murder or intentional injury rather than kidnapping. Kidnapper's death sentence and the victim's death should have a direct cause-and-effect relationship and there should exist the possibility for the kidnapper to foresee the outcome. Crime of kidnapping is the precondition for those who are to take the responsibility of killing the kidnapped. Kidnappers who disable the kidnapped seriously by particularly cruel means are to be convicted of intentional injury and may be sentenced to death. If the kidnapper, in the process of kidnapping, robs the kidnapped of their property or rapes the kidnapped, they should be convicted of crime of kidnapping and crime of robbery or crime of raping.