1. What is the crime of abducting and selling your wife and children?
Constitutes the
1. What is the crime of abducting and selling your wife and children?
Constitutes the crime of abducting and selling women and children, as follows:
(1) Whoever abducts and sells women and children, regardless of the link, commits one of the acts of abducting, kidnapping, buying, selling, transporting or transferring women and children for the purpose of selling, shall be placed on file for investigation on the crime of abducting and selling women and children.
(2) Handling cases of abducting and selling women and children, no matter how many people are abducted and whether it is profitable or not, as long as the abduction and selling of women and children is carried out, it should be put on file for investigation.
(3) Whoever knowingly conspires in advance to provide financial assistance or other convenient conditions for abducting and selling women and children shall be placed on file for investigation as the * * * offender of the crime of abducting and selling women and children.
(4) raping a trafficked woman in the process of trafficking; Deceiving or forcing trafficked women to engage in prostitution or selling trafficked women to others for forced prostitution; Kidnapping women and children by violence, coercion or anesthesia for the purpose of selling; Stealing infants and young children for the purpose of selling; Those who cause serious injuries, deaths or other serious consequences to abducted women and children or their relatives shall be investigated for the crime of abducting and trafficking women and children.
(5) Those who instigate others to kidnap and sell women and children shall be placed on file for investigation. Whoever teaches others the criminal methods of abducting and selling women and children shall be placed on file for investigation on the crime of teaching criminal methods. Knowing that it is a criminal who abducts and sells women and children, after committing the crime, he provides hiding places and property to help him escape or falsely proves that he is taken in, and he is placed on file for investigation on the crime of harboring and sheltering.
Second, crime of trafficking in women and children's prosecution standards
(a) selling their own children, the public security organs shall confiscate the illegal income and impose a fine; For the purpose of making profits, if children under the age of 14 are sold, and the circumstances are bad, crime of trafficking in children will be put on file for investigation.
(2) Whoever sells 14-year-old female relatives or other relatives under 14-year-old shall be investigated for the crime of abducting and selling women and children.
(3) Whoever abducts and sells children in the name of adoption shall file a case for investigation in crime of trafficking in children.
(4) Whoever steals an infant for the purpose of extorting property shall be investigated for the crime of kidnapping.
(5) Whoever organizes others to sneak across the country (border) and commits the crime of abducting and trafficking organized women and children shall be placed on file for investigation on the crime of organizing others to sneak across the country (border) and abducting and trafficking women and children.
(6) Whoever abducts a minor under the age of 14 from his family or guardian for the purpose of selling, shall file a case for investigation in crime of trafficking in children.
(7) Whoever instigates minors who have been abducted, kidnapped or bought to commit crimes such as theft and fraud shall file a case for investigation.
In the process of handling cases, judicial organs may have different or even wrong understandings of the boundaries between crime and non-crime, this crime and other crimes, especially the crimes of abducting and selling women, enriching money through matchmaking, abducting and selling children, and adopting agents, and the boundaries between crime of trafficking in children and crime of trafficking in children, and between crime of trafficking in children and crime of trafficking in children. Therefore, in such a situation, we should entrust a professional defense lawyer to defend as soon as possible and safeguard our rights and interests.
The object of the crime of abducting and selling women and children is special, and the legal interests violated and the damage caused are also special. It should be noted that once the perpetrators of human trafficking in China meet the filing standards in crime of trafficking in women and children, they will be investigated for criminal responsibility by judicial organs.