Buying, selling, exchanging, or abducting children is subject to severe penalties.

April 23, 2016 17:22

(Baonghean.vn) - Recently, some localities in Nghe An province have reported warnings and preventative measures related to child abduction. So, how is this crime defined in the Vietnamese Penal Code?

Article 120 of the 1999 Penal Code specifically stipulates the crime of buying, exchanging, or appropriating children:

1. Anyone who buys, sells, exchanges, or abducts children in any form shall be sentenced to imprisonment from three to ten years.

2. Committing an offense falling under one of the following circumstances shall be punishable by imprisonment from ten to twenty years or life imprisonment:

a) Organized; b) Professional in nature; c) For despicable motives; d) Against multiple children; e) To obtain body parts of the victim; f) To take the victim abroad; g) To use for inhumane purposes; h) To use for prostitution; i) Dangerous recidivism; k) Causing serious consequences.

3. Offenders may also be fined from five million dong to fifty million dong, prohibited from holding office, prohibited from practicing a profession or performing a specific job for one to five years, or placed under probation for one to five years.”

Công văn của Công An  huyện  Tương Dương cảnh báo phòng ngừa bắt cóc trẻ em
Official document from Tuong Duong District Police warns against child abduction.

In the 2015 Penal Code, which came into effect on July 1, 2016, crimes related to children have been separated into specific articles.

Article 151. The crime of trafficking in persons under 16 years of age.

1. Anyone who commits any of the following acts shall be sentenced to imprisonment from 7 to 12 years:

a) Transferring or receiving persons under 16 years of age in exchange for money, property, or other material benefits, except for humanitarian purposes;

b) Transferring or receiving persons under 16 years of age for sexual exploitation, forced labor, organ harvesting, or other inhumane purposes;

c) Recruiting, transporting, or harboring persons under 16 years of age to commit acts specified in point a or point b of this clause.

2. Committing an offense falling under one of the following circumstances shall be punishable by imprisonment from 12 to 20 years:

a) Abusing one's position or authority; b) Exploiting adoption activities to commit crimes; c) Against 2 to 5 people; d) Against a person for whom one has responsibility to care for and raise; e) Taking the victim out of the borders of the Socialist Republic of Vietnam; f) Committing the crime 2 or more times; g) For despicable motives; h) Causing mental and behavioral disorders in the victim from 11% to 45%; i) Causing injury or harm to the victim's health with a body injury rate of 31% or more, except in the case specified in point d, clause 3 of this Article.

3. Committing an offense falling under one of the following circumstances shall be punishable by imprisonment from 18 to 20 years or life imprisonment:

a) Organized; b) Professional in nature; c) Causing mental and behavioral disorders in 46% or more of the victims; d) Taking body parts from the victims; e) Causing the victim's death or suicide; f) Against 6 or more people; g) Dangerous recidivism.

4. Offenders may also be fined from VND 50,000,000 to VND 200,000,000, prohibited from holding office, prohibited from practicing a profession or performing a specific job for 1 to 5 years, placed under probation for 1 to 5 years, or have part or all of their assets confiscated.

Chị Lìn Thị Nguyên - mẹ kế của em Moong Thị Tân Mão ( bản Na Bè, xã Xá Lượng, Tương Dươngq) bị một số đối tượng tiếp cận đưa sang Trung  Quốcsáng ngày 15 04 kể lại sự việc
Ms. Lin Thi Nguyen, the stepmother of Moong Thi Tan Mao (Na Be village, Xa Luong commune, Tuong Duong district), who was approached by several individuals and taken to China on the morning of April 15, 2016, recounted the incident.

Article 152. The crime of swapping persons under 1 year old.

1. Anyone who swaps one child under one year old with another child under one year old shall be sentenced to imprisonment from 2 to 5 years.

2. Committing an offense falling under one of the following circumstances shall be punishable by imprisonment from 3 to 7 years:

a) Organized crime; b) Abusing one's position, authority, or profession; c) Against a person under one year of age for whom one is responsible for care and upbringing; d) Committing the crime two or more times.

3. Committing an offense falling under one of the following circumstances shall be punishable by imprisonment from 7 to 12 years:

a) Professional in nature; b) Dangerous recidivism.

4. Offenders 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 a period of 1 to 5 years.

Article 153. The crime of abducting a person under 16 years of age.

1. Whoever uses force, threatens to use force, or employs other means to seize or hand over to another person the custody of a person under 16 years of age shall be sentenced to imprisonment from 3 to 7 years.

2. Committing an offense falling under one of the following circumstances shall be punishable by imprisonment from 5 to 10 years:

a) Organized crime; b) Abusing position, authority, or profession; c) Against a person for whom one has responsibility to care for or nurture; d) Against 2 to 5 people; e) Committing the crime 2 or more times; f) Causing mental and behavioral disorders in the victim from 11% to 45%; g) Causing injury or harm to the victim's health with a body injury rate of 31% or more.

3. Committing an offense falling under one of the following circumstances shall be punishable by imprisonment from 10 to 15 years:

a) Professional in nature; b) Against 6 or more people; c) Causing mental and behavioral disorders in 46% or more of the victims; d) Causing the victim's death; e) Dangerous recidivism.

4. Offenders may also be fined from VND 10,000,000 to VND 50,000,000; prohibited from holding office, practicing a profession, or performing certain work for a period of 1 to 5 years.

Trong Hai and Associates Law Office - Nghe An Newspaper

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