How can the crime of kidnapping be forgiven? Can kidnapping be suspended?

　　 I kidnapping How to get understanding?

Active compensation and active confession can strive for the opportunity to gain the understanding of the victims of kidnapping.

There is no doubt that the letter of understanding is an important proof of the progress of the legal system, and the letter of understanding can become litigation Importance of the debate stage Commutation of sentence basis.

Therefore, in this era of increasingly legal system, the crime of kidnapping Suspect Try to get the victim's understanding.

If the criminal suspect and the victim reach an agreement on compensation and obtain the victim's understanding, the judicial organ may give them a lighter, mitigated or exempted from criminal punishment.

　　《 criminal law 》

Article 277 The following public prosecution In the case, the criminal suspect and the defendant sincerely repent and gain the victim's understanding by compensating the victim for losses and apologizing. If the victim voluntarily reconciles, the two parties can reconcile:

（1） Cases involving crimes specified in Chapters IV and V of the Specific Provisions of the Criminal Law caused by civil disputes may be sentenced to three years fixed-term imprisonment following punishment Of;

（2） Division Crime of dereliction of duty Other than those who may be sentenced to not more than seven years of fixed-term imprisonment unpremeditated crime Cases.

If a criminal suspect or defendant has committed an intentional crime within five years, the procedures prescribed in this Chapter shall not apply.

Article 278 If the parties reach a settlement, the public security organ, the People's Procuratorate and the People's Court shall listen to the views of the parties and other relevant personnel, review the voluntariness and legality of the settlement, and preside over the preparation of the settlement agreement.

Article 279 With respect to a case for which a settlement agreement has been reached, the public security organ may make a proposal to the People's Procuratorate for leniency.

The People's Procuratorate may propose to the People's Court a lenient punishment; If the circumstances of the crime are minor and it is unnecessary to impose criminal punishment, a decision not to initiate a prosecution may be made. The people's court may give lenient punishment to the defendant according to law.

　 2、 Kidnapping is punishable probation Is it?

If it constitutes the crime of kidnapping, the probability of applying probation is relatively small.

The minimum penalty for the crime of kidnapping is more than five years, and probation is applicable to criminals sentenced to fixed-term imprisonment of less than three years. Therefore, if the crime of kidnapping is constituted, the probability of applying probation is relatively small.

1. According to the provisions of Articles 72 and 74 of the Criminal Law of China, the following conditions must be met for the application of general probation:

(1) The criminal was sentenced criminal detention Or a sentence of fixed-term imprisonment of not more than three years.

The characteristic of conditional non execution of the original sentence of probation determines that the applicable object of probation can only be criminals with minor crimes. The severity of the crime is in line with the severity of the punishment imposed on the offender.

The reason why the criminal code of our country stipulates that the applicable object of suspension of sentence is criminals sentenced to criminal detention or fixed-term imprisonment of less than three years, is that these criminals have less crimes and less social harm.

On the contrary, criminals sentenced to more than three years of fixed-term imprisonment were not listed as the objects of probation because of their heavier crimes and greater social harm.

(2) According to the circumstances of the crime and the performance of repentance of the criminals, it is believed that the application of probation will no longer harm society.

This is the fundamental condition for the application of probation. That is to say, although some criminals have been sentenced to criminal detention or fixed-term imprisonment of less than three years, their criminal circumstances and repentance cannot show that they will not be detained, will no longer harm society, and cannot be suspended.

(3) The criminal is not recidivism

Repeated offenders have been incorrigible for many times, and their subjective malignancy is deep, so they are likely to commit another crime. It is difficult to prevent them from committing new crimes by applying probation. Therefore, even if recidivists are sentenced to criminal detention or fixed-term imprisonment of less than three years, suspension of sentence cannot be applied.

2. According to Article 239 of the Criminal Law:

For the purpose of extorting property kidnap If another person or kidnaps another person as a hostage, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also fine perhaps Confiscation of property ;

If he causes the death of the kidnapped person or kills the kidnapped person, he shall be punished death penalty And confiscation of property;

If the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined.

Whoever steals an infant or child for the purpose of extorting money or property shall be punished in accordance with the provisions of the preceding three paragraphs.