New Study On The Aggravation Crime Constitution Of Kidnapping

The nature of the aggravation crime constitution of kidnapping is inclusive crime.In terms of the aggravation crime,its aggravation circumstances depend on the basic offense and shall not be criminal.The nature of the aggravation crime shall include only one act that’s criminal.In contract,deliberate kill or hurt towards someone kidnapped,as the aggravation crime constitution of kidnapping,is another act which can be independently evaluated by criminal code beyond the basic offense.Therefore,the nature of the aggravation crime constitution of kidnapping isn’t plot-aggravated crime,act-aggravated crime or result-aggravated crime,it includes several crimes materially.We should determine the nature of the aggravation crime constitution based on the theory of the number of crime.The aggravation crime constitution isn’t combination crime,because there is a fixed order towards its two acts and the post-action’s dependency on the pre-action.The nature of the inclusive crime is legal fiction.The definition of the attempted crime of the aggravation crime constitution of kidnapping shall obey the rules of legal fiction and is subject to the clear meaning of the word "kill" used in this clause.Killing the kidnapped refers to the death of the kidnapped.Killing the kidnapped doesn’t have attempted crime.In terms of the attempted crime,it shall be punished by counting the number of crimes pursuant to the provisions of intentional homicide(attempted)and kidnapping.The aggravation crime constitution of kidnapping may only apply to the situation that the victim is killed while totally being controlled.Killing the kidnapped within the kidnapping process shall not be deemed as the aggravation crime constitution of kidnapping and shall be punished by counting the number of crimes pursuant to the provisions of intentional homicide and extortion.The relationship between the intentional injury towards the kidnapped adopted after the amendment of criminal code and causing the kidnapped to die existing prior to the amendment,shall not regarded as contradiction but inheritance and development under the imitation.Although the nature of the the aggravation crime constitution of kidnapping is inclusive crime,the judicial practice may regard the intentional injury towards the kidnapped as the result-aggravated crime because of the complexity of the kidnapping in practice.The intentional injury towards the kidnapped doesn’t have attempted crime,which shall be punished by counting the number of crimes pursuant to the provisions of intentional injury and kidnapping based on the specific situation.Whether the kidnapped is injured actually doesn’t influence the application of the lighter plot of the kidnapping.If the kidnapper release the victim after intentional injury causing the kidnapped to suffer the minor injury,his behavior still can be judged as lighter plot of the kidnapping and obtain a reduce on the penalty.