Kidnapping is a crime of conduct.
The subject of this crime is the general subject; The subjective aspect is intention; The object of infringement is the personal rights and property rights of others; The objective aspect is to kidnap others by using violence, coercion and other methods.
According to Article 239 of the Criminal Law of the People's Republic of China, anyone who kidnaps another person for the purpose of extorting money or property or kidnaps another person as a hostage shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined or sentenced to 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 commits the crime mentioned in the preceding paragraph, kills or intentionally injures a kidnapped person, thus causing serious injury or death, shall be sentenced to life imprisonment or death and also to confiscation of property. 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 two paragraphs.
Legal basis
Article 239 of the Criminal Law of the People's Republic of China [Crime of kidnapping] Whoever kidnaps another person for the purpose of extorting money or property, or kidnaps another person as a hostage, shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or sentenced to 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 commits the crime mentioned in the preceding paragraph, kills or intentionally injures a kidnapped person, thus causing serious injury or death, shall be sentenced to life imprisonment or death and also to confiscation of property.
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 two paragraphs.
