1.02.2009

Draft CL amendments - Article 239, Kidnapping for ransom, kidnapping of a child

The crime of kidnapping is one of the offences for which the death penalty can be used. The draft amendments have not changed provisions on the death penalty.

They prescribe lighter punishments, ranging from three to ten years fixed-term imprisonment when circumstances are relatively minor (情节较轻). This amendment has been critized by several delegates, on grounds that it would allow for the use of suspended sentences. Most of them have suggested that the minimum term of imprisonment provided by art. 239 be increased to five years.


Article 239

Whoever kidnaps another person for the purpose of extorting money or property or kidnaps another person as a hostage shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and also to a fine or confiscation of property; if he causes death to the kidnapped person or kills the kidnapped person, he shall be sentenced to death and also to confiscation of property.[If circumstances are relatively minor he shall be sentenced to not less than three years and not more than ten years of fixed term imprisonment and also to a fine.]

Whoever steals a baby or an infant for the purpose of extorting money or property shall be punished in accordance with the provisions of the preceding paragraph.

[Draft amendment 以勒索财物为目的绑架他人的,或者绑架他人作为人质的,处十年以上有期徒刑或者无期徒刑,并处罚金或者 没收财产;情节较轻的,处三年以上十年以下有期徒刑,并处罚金。

犯前款罪,致使被绑架人死亡或者杀害被绑架人的,处死刑,并处没收财产。  

以勒索财物为目的偷盗婴幼儿的,依照前两款的规定处罚]

Translation courtesy CECC

Comments

Ren Maodong

Suggested to further amend this article, increasing the minimum penalty to no less than five years fixed term imprisonment, to avoid suspended sentences (缓刑). He believes that the placing of offenders on probation would be an unsuitable solution.

His concerns were shared by Cong Bin, Fanny Law, Li Zupei and other delegates too.




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