Article 240th the crime of abducting and selling women and children, whoever abducts and sells women and children, shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined; Under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated; If the circumstances are especially serious, he shall be sentenced to death and his property shall be confiscated:
(1) The ringleader of a group that abducts and sells women and children;
(2) Abducting and selling more than three women and children;
(3) raping a trafficked woman;
(4) luring or forcing trafficked women to engage in prostitution or selling trafficked women to others for forced prostitution;
(5) Kidnapping women and children by violence, coercion or anesthesia for the purpose of selling;
(6) Stealing infants and young children for the purpose of selling;
(7) Causing serious injury, death or other serious consequences to abducted women, children or their relatives;
(8) Trafficking women and children abroad.
Abduction and trafficking in women and children refers to one of the acts of abducting, kidnapping, buying, selling, picking up and transferring women and children for the purpose of selling.
Article 24 1 Crime of buying abducted women and children; Rape; Crime of illegal detention; Crime of intentional injury; Crime of insulting; Whoever buys abducted women and children for the crime of abducting them shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
Whoever buys a trafficked woman and forcibly has sexual relations with her shall be convicted and punished in accordance with the provisions of Article 236 of this Law. Whoever buys abducted women and children and illegally deprives them of their personal freedom, or commits criminal acts such as injury or insult, shall be convicted and punished in accordance with the relevant provisions of this Law.
Whoever buys abducted women and children and commits the crimes specified in the second and third paragraphs shall be punished in accordance with the provisions of combined punishment for several crimes. Whoever buys abducted women and children shall be convicted and punished in accordance with the provisions of Article 240th of this Law.
Whoever buys abducted women and children, does not abuse the bought children and does not hinder the rescue, may be given a lighter punishment; If it conforms to the wishes of the bought woman and does not prevent her from returning to her original place of residence, she may be given a lighter or mitigated punishment.
Extended data
situation
Defendants Li Fu and Li are father and son. Li's father thought that his son Li's mind was not very bright and it was difficult to find a wife, so he had the evil idea of buying a wife for his son and told Li, who worked in Guangdong, many times on the phone. Li agreed.
2065438+In late April 2008, Li's father bought the abducted Burmese woman (a pseudonym) from He (handled separately) for 20,000 yuan. Li and Li lived together for 3 months and had sex many times. After the incident, Li was arrested and brought to justice by the police in late July of the same year. Li's father then surrendered himself to the public security organs, was rescued and handed over to China.
After trial, Yangdong Court held that the defendants Li Fu and Li ignored the national laws and knew that others were trafficked women and bought them. Their behavior constitutes the crime of buying abducted women and children.
Defendant Li truthfully confessed his crimes and can be given a lighter punishment according to law. The defendant Li Fu surrendered himself and can be given a lighter punishment according to law. In the crime of * * *, the defendant Li played a smaller role than the defendant Li's father and could be given a lighter punishment. Accordingly, the defendant Li Fu was sentenced to nine months in prison and the defendant Li was sentenced to eight months in prison. The above judgment has come into effect.
Wen county Public Security Bureau Network-People's Republic of China (PRC) Criminal Law
Yangjiang Court Network-Whoever buys abducted women and children commits a crime-Yangdong District Court concluded the first criminal case of buying abducted women.