How many years in prison for kidnapping?
According to the criminal law, the crime of kidnapping is punishable by fixed-term imprisonment of not less than 10 years or life imprisonment, and a fine or confiscation 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. ? Whoever commits the crime mentioned in the preceding paragraph, resulting in the death of the kidnapped person or killing the kidnapped person, shall be sentenced to death and confiscated property. Whoever steals a baby for the purpose of extorting property shall be punished in accordance with the provisions of the preceding two paragraphs. The following issues should be paid attention to when sentencing the crime of kidnapping: The subject of the crime of kidnapping is the person who has reached the age of 16. People of age 14- 16 simply commit the crime of kidnapping, which does not constitute a crime; Whoever kills the kidnapped person in the process of kidnapping shall be convicted of intentional homicide. 1. "Causing the kidnapped person to die" means that the kidnapped person died due to violence or abuse during the kidnapping process. If the kidnapped person is not killed, it can only be regarded as an attempt to aggravate the crime of kidnapping. "Killing the kidnapped person" refers to the act of deliberately killing the kidnapped person after hijacking the kidnapped person for extortion of property or other purposes. 2. If the kidnapping crime causes the victim to die or kill the kidnapped person according to the law, the legislation is definitely a definite statutory punishment, and it is also the death penalty. Therefore, the judicial organs should take a very cautious attitude when applying it and strictly grasp the applicable conditions. Therefore, the crime of kidnapping is generally sentenced to fixed-term imprisonment of more than 10 years or life imprisonment, with fines or confiscation of property. If there are statutory aggravating circumstances, they shall be sentenced to death and their property shall be confiscated. 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. Legal basis: Article 239 of the Criminal Law of People's Republic of China (PRC), whoever kidnaps another person for the purpose of extorting 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 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. Whoever commits the crime mentioned in the preceding paragraph and kills the kidnapped person, or intentionally hurts the kidnapped person, causing serious injury or death, shall be sentenced to life imprisonment or death, and his property shall also be confiscated. Whoever steals a baby for the purpose of extorting property shall be punished in accordance with the provisions of the preceding two paragraphs.