Edited / Lin ruizi
Typography / Small Thorn
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The crime of kidnapping is a felony that violates the personal rights of citizens, but there are still people who are greedy and desperate to take risks and extort property by kidnapping others. In the end, he ended up in prison! Let's look at a kidnapping case decided this year by the Chaoyang District People's Court in Beijing.
01 Case Introduction
The Chaoyang District People's Procuratorate of Beijing Municipality alleged that defendant Meng X, together with Jing X, Hai X, and Kou X (all of whom had been convicted), tied up the victim Li Mou1 (female, 26 years old, from Shanxi Province) who was standing here for prostitution at the west gate of Tuanjiehu Park in Chaoyang District, Beijing, at about 1:00 a.m. on September 1, 2005, and then demanded a ransom from Li X 1's boyfriend Li X 2 (male, 24 years old, from Shanxi Province), and released Li X 1 after receiving RMB 300 from Li X2 on the same day. Defendant Meng was arrested by the police on September 20, 2020.
The public prosecution organ submitted evidentiary materials such as victim statements, witness testimony, documentary evidence, and defendant's confessions on the above allegations, holding that defendant Meng's conduct should be investigated for criminal responsibility for the crime of kidnapping, and requested the court to impose a sentence in accordance with law.
Defendant Meng X pleaded guilty in court, but did not confess the specific acts and roles of himself and his co-defendants; Defendant Meng X's defender believed that defendant Meng X belonged to the "less serious circumstances" and was an accessory in the crime, voluntarily admitted guilt in court, and hoped that the court would give him a lenient punishment.
After trial, the court ascertained: Defendant Meng X, together with Jing X, Hai X, and Kou X (all of whom have been convicted), tied up the victim Li Mou1 (female, 26 years old, from Shanxi Province) who was standing here for prostitution at the gate of tuanjiehu Park in Chaoyang District, Beijing, at about 1:00 a.m. on September 1, 2005, tied up the victim Li Mou1 (female, 26 years old, from Shanxi Province) to Dachang Hui Autonomous County in Hebei Province, and then demanded a ransom from Li Mou 1's boyfriend Li Mou2 (male, 24 years old, from Shanxi Province), and released Li Mou1 at about 15:00 on the same day after receiving 300 yuan remitted by Li Mou2. Defendant Meng was arrested by the police on September 20, 2020. Later, the defendant refunded the economic losses of Li Mou2 and obtained the forgiveness of Li Mou2.
In response to the above facts, the public prosecution provided evidence to corroborate them:
Among them, the victim Li Mou1's statement and identification record prove that he was kidnapped by Jing, Hai, Kou and Meng Chen at the above time and place. Four men demanded 10,000 yuan from their husbands by phone, which was later reduced to 300 yuan. The defendant sent Li Mou1 to the railway station after receiving 2300 yuan from Li. Among the four people, Jing was the commander, and the other three defendants obeyed his command, Hai bound and beat Li Mou1, and Kou put Li Mou1 in the trunk.
Witness Li Mou2 testified that he was Li Mou's 1 boyfriend. When he proved that his girlfriend was kidnapped and asked for a ransom, the defendant first asked for 10,000 yuan on the phone, and then dropped to 300 yuan, and he remitted 300 yuan to the bank card provided by the other party.
The court held that the defendant Meng Mou disregarded the law of the land and colluded with others to kidnap the victim for the purpose of extorting property, and his behavior constituted the crime of kidnapping and should be punished according to law. The facts of the Beijing Chaoyang District People's Procuratorate's accusation that defendant Meng Chen committed the crime of kidnapping are clear, the evidence is credible and sufficient, and the charges are established. In this case, there are victim statements, witness testimony, lists of seized items, and other evidence that can corroborate each other and prove the facts of the defendant's participation in the kidnapping of the victim, the facts of this case are clear, and the evidence is indeed sufficient.
Judging from the defendant's means of conduct, the course of the crime, the length of time spent controlling the victim's person, and the consequences of the crime, this case is not a "relatively minor circumstance", so this court does not accept the defender's opinion that the defendant is a "minor circumstance".
In view of the fact that the defendant was an accessory to the crime and returned the economic losses of Li Mou2, the punishment for his crime was mitigated in accordance with law, and the relevant defense opinions of the defender were adopted by this court.
With regard to the defendant's attitude toward admitting guilt, this court held that although defendant Meng Chen pleaded guilty in court, he could not truthfully confess his specific role in participating in the kidnapping crime, the means of conduct, and the specific performance of the co-offenders, and the stated issue avoided the serious and light, which was a failure to truthfully confess the facts of the crime, and should not be found to have a confession of guilt, so this court did not adopt the defender's opinion that Meng Chen voluntarily confessed guilt in court.
In the end, based on the facts, nature, circumstances, criminal responsibility and degree of harm to society committed by defendant Meng X, the Chaoyang District Court of Beijing Municipality convicted defendant Meng X of kidnapping and sentenced him to seven years and six months imprisonment, deprivation of political rights for one year, and a fine of RMB 10,000.
02 About the crime of kidnapping
Article 239 of the Criminal Law stipulates that whoever kidnaps another person for the purpose of extorting property or property, or who 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 confiscated of property;
Whoever commits the crime mentioned in the preceding paragraph and kills a kidnapped person, or intentionally injures a kidnapped person, causing serious injury or death to a person, shall be sentenced to life imprisonment or the death penalty and shall also be sentenced to confiscation of property.
Whoever steals an infant or young child for the purpose of extorting property shall be punished in accordance with the provisions of the preceding two paragraphs.
Thus, the crime of kidnapping refers to the use of violence, coercion or narcotic means to hijack or control others by force for the purpose of extorting property or satisfying other unlawful demands by taking advantage of the concerns of the kidnapped person's close relatives or other persons about the safety of the abducted person.
Whoever, in the course of kidnapping, robs the victim of his or her belongings on the spot, and commits both the crime of kidnapping and robbery, shall be convicted and punished for a felony.
Kidnapping by a person who has attained the age of 14 but not yet reached the age of 16 shall not be punished as a crime. Intentional killing of a kidnapped person constitutes the crime of intentional homicide;