How is child abduction punished?
(Baonghean.vn) - Ms. Nguyen Thi V. from Tan Ky district asked: Recently, I have read information about several cases of child abduction in the press. So, how is the act of child abduction handled according to the law?
Reply:
According to Article 1 of the 2016 Law on Children, a child is a person under 16 years of age.
Depending on the purpose and circumstances of the crime, a person who kidnaps a child may be charged with one of the offenses stipulated in the 2015 Penal Code, as amended in 2017, including:
1.The crime of abducting a person under 16 years of age.
Anyone who uses force, threatens to use force, or employs other means to seize or hand over a child to another person may be prosecuted for the crime of abducting a person under 16 years of age, with a maximum penalty of up to 15 years imprisonment. The offender may also be fined from VND 10,000,000 to VND 50,000,000, prohibited from holding office, or prohibited from practicing a certain profession or doing a certain job for 1 to 5 years. (Based on Article 153).
2.The crime of kidnapping for the purpose of extortion.
Anyone who kidnaps children as hostages for the purpose of extorting property may be prosecuted for the crime of kidnapping for the purpose of extortion, with the highest penalty being life imprisonment. The offender may also be fined from 10,000,000 to 100,000,000 VND, placed under probation, prohibited from residing in a certain area for 1 to 5 years, or have part or all of their property confiscated. (Based on Article 169).
3.The crime of trafficking in persons under the age of 16.
Anyone who commits any of the following acts:
- Transferring or receiving children in exchange for money, property, or other material benefits, except for humanitarian purposes.
- Transferring or receiving children for sexual exploitation, forced labor, organ harvesting, or other inhumane purposes.
- Recruiting, transporting, or harboring children to commit the two acts mentioned above.
Criminal liability for the crime of trafficking persons under 16 years of age may be pursued, with the maximum penalty being life imprisonment. Offenders may also be fined from 50,000,000 to 200,000,000 VND, placed under probation, prohibited from residing in a certain area, prohibited from holding a certain position, prohibited from practicing a certain profession or doing a certain job for 1 to 5 years, or have part or all of their assets confiscated. (Based on Article 151).
4. The crime of kidnapping hostages
Anyone who kidnaps, holds, or detains children as hostages in order to coerce agencies, organizations, or individuals into doing or not doing something as a condition for the release of the hostages may be prosecuted for the crime of kidnapping hostages, with a maximum penalty of up to 15 years imprisonment. (Based on Article 301).
