Research On The Crime Of Kidnapping A Number Of Issues

As an ancient, historical and distant forms of crime, crime of kidnapping because of its poor quality and social harmfulness and always be rulers crack down on the object. Our current 1997 article No.239 of the Penal Code expressly to the kidnapping. Article No.239 of the criminal law the offences set forth, in the criminal law sector has all along been differences, there are charges that said, two counts, three counts said. I believe that criminal law article No.239 for "kidnapping" charges of a concise, consistent with generality, scientific nature and legitimacy of offence determines should meet the requirements of scientific and operational, is correct and desirable. Definition of the crime of abduction should be cited as:blackmail, theft of infants abducted others, or for the purpose of kidnapping of others as hostages. Correct determination kidnapping, should take the following factors: crime of kidnapping is a compound of kidnapping rather than a single object; means of kidnapping and theft is not limited to violence, intimidation, anesthesia on these four cases in infants, should also include other non-compulsory means of kidnapping is not victim away from the same place as a necessary element. Current kidnapping legislation tended to be reasonable, but there are still some shortcomings, there of the need to improve. Existing criminal law article No.239 should be amended as follows:"to blackmail for the purpose of abduction or kidnapping of others, the person as a hostage, at 5 to 10 years imprisonment and fines. Committing crimes in the preceding paragraph, perpetrator proactive release of the abducted persons, to lessen the penalty. In serious cases, imprisonment for not less than 10 years or life imprisonment and a fine or confiscation of property. The case was particularly serious, the death penalty and confiscation of property".