First of all, the crime of kidnapping can contain three charges, namely, the crime of intentional homicide after successful kidnapping. Crime of intentional injury (causing serious injury or death) after successful kidnapping. Crime of illegal detention. For the first two crimes that can be included, the crime of kidnapping should be ultimately determined and sentenced to life imprisonment or death.
Secondly, the crime of kidnapping cannot contain three charges, namely, the crime of intentional injury (causing minor injury) after successful kidnapping. Crime of causing serious injury due to negligence after successful kidnapping. Crime of causing death due to negligence after successful kidnapping.
Finally, if the negligence causes serious injury or death in the kidnapping process, it is an imaginative joinder of offenses and should be punished as a felony.
[Legal Basis]
Article 239 of the Criminal Law of the People's Republic of China states that 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 and causes the death or killing of the kidnapped person shall be sentenced to death and 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.
