First, how to punish the crime of kidnapping and the crime of negligent death?
The crime of kidnapping coexists with the crime of negligent death, and will be punished according to the aggravated circumstances of kidnapping. 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 first paragraph of Article 239 of the Criminal Law, whoever commits this crime 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 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.
Whoever commits intentional injury or intentional homicide after kidnapping another person shall be included in the crime of kidnapping and shall not be convicted separately.
As can be seen from the above provisions, if the kidnapping crime causes death due to negligence, it will be regarded as an aggravated punishment for the kidnapping crime, and it will not be convicted and sentenced separately.
Second, how to identify the crime of kidnapping?
1, object element
The object violated by this crime is a complex object, including others' personal freedom, health, life and all rights of public and private property. Because the perpetrator kidnapped others by violence or coercion, it directly endangered the life and health of the victim.
2. Objective factors
Objectively speaking, it is an act of kidnapping others by violence, coercion or other means.
Violence means that the perpetrator directly binds, gags, blindfolds and bags the victim, or hurts or beats the victim.
Coercion refers to mental coercion of the victim or threats of violence to the victim and his family.
Other methods refer to methods other than violent coercion, such as using drugs, drunkenness and other methods to make the victim in a coma.
The law only requires the perpetrator to have one of the means of kidnapping others, which constitutes this crime.
3. Main elements
The subject of crime is the general subject. If a person who has reached the age of 14 but is under the age of 16 only participates in kidnapping, but does not participate in killing or injuring the kidnapped person, and does not commit the intentional homicide or intentional injury as stipulated in the second paragraph of Article 17 of the Criminal Law, minors will not be held criminally responsible for such kidnapping. However, his parents or guardians should be ordered to discipline him; When necessary, it can also be taken in for reeducation by the government. If the kidnapped person is killed or injured in the process of kidnapping (causing serious injury or death), he shall be investigated for criminal responsibility for intentional homicide and intentional injury.
4. Subjective factors
Subjective aspect is composed of direct intention, with the purpose of extorting property or taking hostages. Kidnapping others for the purpose of extorting property refers to forcibly hijacking others by means of violence, coercion or anesthesia, threatening to kill, killing or not returning the hostages, and ordering relatives and friends related to the hostages to hand over certain property within a certain period of time and redeem it with money.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 239 of the Criminal Law of People's Republic of China (PRC).
The crime of kidnapping is to kidnap others for the purpose of extorting property, or to kidnap others as hostages, and 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 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.