1.04.2009

Draft CL amendments - Article 262 abducting minors

A new paragraph has been added to article 262, to include provisions on the crime of organizing minors to carry out offences against public order.

Penalties are of less than three years fixed-term imprisonment, or between three and seven years fixed-term imprisonment when circumstances are serious. This amendment has been proposed by the Ministry of Public Security. During its second reading one of the delegates (Xia Ji'en) noticed how in several cases minors are rather incited 教唆 to commit such crimes, and suggested that the words "Those who organize minors" become "those who incite or organize minors".

Article 262
Whoever abducts a minor under the age of 14, thereby separating the child from his family or guardian, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

[Amendment: Those who organize minors to carry out theft, fraud, robbery, extortion and other activities against public order shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and a concurrent fine. If circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three and not more than seven years, and a concurrent fine]


组织未成年人进行盗窃、诈骗、抢夺、敲诈勒索等违反治安管理活动的,处三年以下有期徒刑或者拘役,并处罚金;情节严重的,处三年以上七年以下有期徒刑,并处罚金。
Translation courtesy CECC

  
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