Buying, selling, and appropriating children are severely punished.
(Baonghean.vn) - Recently, in some localities in Nghe An province, there has been warning and prevention information related to child kidnapping. So how is this crime regulated in the Vietnamese Penal Code?
Article 120 of the 1999 Penal Code specifically stipulates the crime of buying, selling, exchanging or appropriating children:
1. Anyone who buys, sells, exchanges or appropriates children in any form shall be sentenced to imprisonment from three to ten years.
2. Committing a crime in one of the following cases shall be punishable by imprisonment from ten to twenty years or life imprisonment:
a) Organized; b) Professional; c) For despicable motives; d) Against many children; e) To take the victim's body parts; e) To take them abroad; g) To use for inhumane purposes; h) To use for prostitution; i) Dangerous recidivism; k) Causing serious consequences
3. The offender may also be fined from five million to fifty million dong, banned from holding positions, practicing a profession or doing certain jobs from one to five years, or placed on probation from one to five years.”
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Official dispatch of Tuong Duong District Police warns against child kidnapping |
In the 2015 Penal Code, which took effect from July 1, 2016, crimes related to children have been separated into specific articles.
Article 151. Crime of trafficking in persons under 16 years old
1. Anyone who commits one of the following acts shall be sentenced to imprisonment from 07 to 12 years:
a) Transferring or receiving a person under 16 years of age to deliver or receive money, property or other material benefits, except for humanitarian purposes;
b) Transferring or receiving people under 16 years of age for sexual exploitation, forced labor, removal of body parts or for other inhumane purposes;
c) Recruiting, transporting, or harboring people under 16 years old to commit acts specified in Point a or Point b of this Clause.
2. Committing a crime in one of the following cases shall be punishable by imprisonment from 12 to 20 years:
a) Taking advantage of one's position and power; b) Taking advantage of adoption activities to commit crimes; c) Against 02 to 05 people; d) Against a person for whom one is responsible for caring for and raising; e) Taking the victim out of the border of the Socialist Republic of Vietnam; e) Committing the crime 02 times or more; g) For despicable motives; h) Causing mental and behavioral disorders in the victim from 11% to 45%; i) Causing injury or damage to the victim's health with a body injury rate of 31% or more, except for the case specified in Point d, Clause 3 of this Article.
3. Committing a crime in one of the following cases shall be punishable by imprisonment from 18 to 20 years or life imprisonment:
a) Organized; b) Professional; c) Causing mental and behavioral disorders of the victim at 46% or more; d) Taking the victim's body parts; e) Causing the victim to die or commit suicide; e) Against 6 or more people; g) Dangerous recidivism.
4. The offender may also be fined from VND 50,000,000 to VND 200,000,000, banned from holding positions, practicing a profession or doing certain jobs from 01 to 05 years, placed on probation from 01 to 05 years or have part or all of his/her property confiscated.
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Ms. Lin Thi Nguyen - stepmother of Moong Thi Tan Mao (Na Be village, Xa Luong commune, Tuong Duong) was approached by some people and taken to China on the morning of April 15, 2016, recounting the incident. |
Article 152. Crime of exchanging children under 1 year old
1. Anyone who swaps a person under 1 year old with another person under 1 year old shall be sentenced to imprisonment from 02 years to 05 years.
2. Committing a crime in one of the following cases shall be punishable by imprisonment from 03 to 07 years:
a) Organized; b) Abusing position, power, or profession; c) Against a person under 1 year old that one is responsible for caring for and raising; d) Committing the crime 2 times or more.
3. Committing a crime in one of the following cases shall be punishable by imprisonment from 07 to 12 years:
a) Professional in nature; b) Dangerous recidivism.
4. The offender may also be fined from VND 10,000,000 to VND 50,000,000, banned from holding positions, practicing a profession or doing certain jobs from 01 to 05 years.
Article 153. Crime of appropriating a person under 16 years old
1. Anyone who uses force, threatens to use force or other means to seize or allow another person to seize a person under 16 years of age shall be sentenced to imprisonment from 03 years to 07 years.
2. Committing a crime in one of the following cases shall be punishable by imprisonment from 05 years to 10 years:
a) Organized; b) Abusing position, power, or profession; c) Against a person for whom one is responsible for caring for or raising; d) Against 02 to 05 people; e) Committing the crime 02 times or more; e) Causing mental and behavioral disorders in the victim from 11% to 45%; g) Causing injury or damage to the victim's health with a body injury rate of 31% or more.
3. Committing a crime in one of the following cases shall be punishable by imprisonment from 10 to 15 years:
a) Professional in nature; b) Against 06 people or more; c) Causing mental and behavioral disorders of the victim of 46% or more; d) Causing the victim's death; e) Dangerous recidivism.
4. The offender may also be fined from VND 10,000,000 to VND 50,000,000; banned from holding positions, practicing a profession or doing certain jobs from 01 year to 05 years.
Law Office of Trong Hai and Associates - Nghe An Newspaper
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