What is the filing standard of kidnapping crime in 2022?

1. What's the filing standard for kidnapping? The crime of kidnapping refers to the act of kidnapping others by violence, coercion or other means for the purpose of extorting property or taking hostages. According to the provisions of Article 239 of the Criminal Law, a case shall be put on file in any of the following circumstances: (1) Kidnapping others for the purpose of extorting property; (2) Kidnapping others as hostages; (3) Stealing infants and young children for the purpose of extorting property. Kidnapping is a crime of behavior. As long as the perpetrator implements one of the above three situations, he should file a case for investigation. Second, how to measure the penalty for the crime of kidnapping The first paragraph of Article 239 of the Criminal Law stipulates that whoever commits the crime of kidnapping shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated of property; If the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined. Paragraph 2 of Article 239 of the Criminal Law stipulates: "Whoever commits the crime mentioned in the preceding paragraph and causes the death of the kidnapped person or kills the kidnapped person shall be sentenced to death and his property shall be confiscated. Whoever steals infants and young children for the purpose of extorting property shall be punished in accordance with the provisions of the preceding two paragraphs. " In other words, kidnapping causes the victim to die or kills the kidnapped person, which is an absolutely definite legal punishment in legislation, and it is the death penalty. 1, "Causing the kidnapped person to die" refers to the act of causing the kidnapped person to die due to violence or abuse during kidnapping and committing suicide during kidnapping. 2. "Killing the kidnapped person" refers to the intentional killing of the kidnapped person after kidnapping due to extortion of property or other purposes. Those who commit intentional injury or intentional homicide after kidnapping others are included in the crime of kidnapping, and the law stipulates that such cases are not convicted separately. The punishment of kidnapping in China's criminal law is still very severe. If the abductee is killed or killed, the punishment even reaches the standard of intentional homicide. The criminal responsibility of the crime of kidnapping is similar to the crime of intentional injury. Once convicted, the perpetrator will face a longer sentence. If the perpetrator is investigated for criminal responsibility for kidnapping, his family may entrust a professional criminal defense lawyer for him. In the investigation stage, lawyers can collect evidence favorable to the criminal suspect, including evidence of innocence, light crime and so on, after meeting the criminal suspect to understand the case. At the trial stage, professional criminal defense lawyers can exclude evidence that is unfavorable to the defendant because the investigation organ illegally collects evidence.