HOW WILL CHILD KIDNAPPING BE HANDLED?

Lately, child kidnapping for ransom has become more and more common. Child kidnapping is not only a serious crime but also affects the growth of mentally and physically of children. Hence, the law has set out strict regulations to ensure the safety and rights of children. Those who violate these regulations will be held criminally responsible according to the law to protect children and society.

Table of Contents

1. Legal regulations on child protection

2. How are acts of child kidnapping prosecuted?

2.1 Crime of Abduction of a person under 16

2.2 Crime of Kidnapping for ransom

2.3 Crime of Trafficking of a person under 16

2.4 Crime of Taking hostages

1. Legal provisions on child protection

According to Article 1 of the 2016 Law on Children, “A child is a human being below the age of 16.”

Children are the subjects prioritized for protection by law.

According to Clause 1, Article 4 of the 2016 Law on Children, “1. Child protection refers to the implementation of appropriate measures for ensuring safe and healthy life for children, the prevention and response to child abuse and the support for disadvantaged children.”

Simultaneously, according to Article 47 of the 2016 Law on Children, requirements for child protection are stipulated.

“Article 47. Requirements on child protection

1. The child protection is implemented in according to the following three levels:

a) Prevention;

b) Support;

c) Intervention.

2. The implementation of the child protection must ensure the systematization, continuity, close and effective cooperation between competent authorities and sector managing agencies in the construction and implementation of policies and laws and the provision of child protective services.

3. Agencies, organizations, educational establishments, families and individuals assume child protection duties. The child protection must comply with the laws, processes and standards promulgated by competent state authorities.

4. The child protection at children’s families and families that perform the surrogate care is prioritized. The sending of children to social support establishments is only a temporary method when the care of children at their families or families performing the surrogate care is unsuccessful or for the best interests of children.

5. Parents, caregivers and children must provide information and state their opinions with competent authorities and individuals in making decisions on child protection intervention or support.

6. It should attach a special importance to the prevention of the risk of harm to children; make timely intervention for minimizing bad consequences; actively assist disadvantaged children with functional rehabilitation and social inclusion.”

2. How is the act of kidnapping children prosecuted?

According to the provisions of the 2015 Penal Code, amended and supplemented in 2017, a person who kidnaps a child, depending on the purpose and circumstances of the crime, may be charged with one of the following crimes:

2.1 Crime of Abduction of a person under 16

Pursuant to Article 153 of the 2015 Penal Code, amended and supplemented in 2017, which stipulates the crime of “Abduction of a person under 16”:

“Article 153. Abduction of a person under 16

1. Any person who uses violence, threatens to use violence, deceives, or employs other tricks to commit any of the following acts shall face a penalty of 05 – 10 years’ imprisonment:

2. This offence committed in any of the following cases shall carry a penalty of 05 – 10 years’ imprisonment:

a) The offence is committed by an organized group;

b) The offence involves abuse of the offender’s position or power;

c) The offence is committed against a person for whom the offender is responsible for providing care;

d) The offence is committed against 02 – 05 people.

dd) The offence has been committed more than once;

e) The victim suffers from 11% – 45% mental and behavioral disability because of the offence;

g) The offence results in ≥ 31% physical disability of the victim.

3. This offence committed in any of the following cases shall carry a penalty of 10 – 15 years’ imprisonment:

a) The offence is committed in a professional manner;

b) The offence is committed against 06 or more people;

c) The victim suffers from 46% mental and behavioral disability or above because of the offence;

d) The offence results in the death of the victim;

dd) Dangerous recidivism.

4. The offender may also be liable to a fine of from VND 10,000,000 to VND 50,000,000, be prohibited from holding certain positions or doing certain works for 01 – 05 years.”

2.2 Crime of Kidnapping for ransom

Pursuant to Article 169 of the 2015 Penal Code, amended and supplemented in 2017, which stipulates the crime of “Kidnapping for ransom”:

“1. Any person who takes another person hostage for ransom shall face a penalty of 02 – 07 years’ imprisonment.

2. This offence committed in any of the following cases shall carry a penalty of 05 – 12 years’ imprisonment:

a) The offence is committed by an organized group;

b) The offence is committed in a professional manner;

c) The offender uses a dangerous weapon, device, or other dangerous methods to commit the offence;

d) The offence is made against a person under 16;

dd) The offence is committed against 02 or more people;

e) The ransom demanded is from VND 50,000,000 to under VND 200,000,000;

g) The offence results in 11% – 30% physical disability of the hostage;

h) The victim suffers from 11% – 45% mental and behavioral disability because of the offence;

i) The offence has a negative impact on social safety, order, and security;

k) Dangerous recidivism.

3. This offence committed in any of the following cases shall carry a penalty of 10 – 18 years’ imprisonment:

a) The ransom demanded is from VND 200,000,000 to under VND 500,000,000;

b) The offence results in 31% – 60% physical disability of the hostage;

c) The victim suffers from 46% mental and behavioral disability or above because of the offence;

4. This offence committed in any of the following cases shall carry a penalty of 15 – 20 years’ imprisonment or life imprisonment:

a) The ransom demanded is VND 500,000,000 or over;

b) The offence results in bodily harm of 01 person who suffer from ≥ 61% physical disability, or bodily harm of 02 or more people, each of whom suffers from ≥ 31% physical disability;

c) The offence results in 46% mental and behavioral disability or above of 02 or more people;

d) The offence results in the death of the victim.

5. Any person who makes preparation for the commitment of this offence shall face a penalty of 01 – 05 years’ imprisonment.

6. The offender may also be liable to a fine of from VND 20,000,000 to VND 100,000,000, be put under mandatory supervision, prohibited from residence for 01 – 05 years, or have all or part of his/her property confiscated.”

2.3 Crime of Trafficking of a person under 16

Pursuant to Article 151 of the 2015 Penal Code, amended and supplemented in 2017, which stipulates the crime of “Trafficking of a person under 16”:

“Article 151. Trafficking of a person under 16

1. A person who commits any of the following acts shall face a penalty of 07 – 12 years’ imprisonment:

a) Transferring or receiving a person under 16 for transfer for money, property, or other financial interests, except for humanitarian purposes;

b) Transferring or receiving a person under 16 for sexual slavery, coercive labor, taking body parts, or for other inhuman purposes;

c) Recruiting, transporting, harboring a person under 16 for the commission of any of the acts specified in Point a or Point b of this Clause.

2. This offence committed in any of the following cases shall carry a penalty of 12 – 20 years’ imprisonment:

b) The offence involves abuse of the offender’s position or power;

b) The offender commits the offence by taking advantage of child adoption;

c) The offence is committed against 02 – 05 people;

d) The offence is committed against a person for whom the offender is responsible for providing care;

dd) The victim is taken across the border out of Vietnam;

e) The offence has been committed more than once;

g) The offence is committed by despicable motives;

h) The victim suffers from 11% – 45% mental and behavioral disability because of the offence;

i) The offence results in 31% physical disability or more of the victim, except for the case specified in Point d Clause 3 of this Article.

3. This offence committed in any of the following cases shall carry a penalty of 18 – 20 years’ imprisonment or life imprisonment:

a) The offence is committed by an organized group;

b) The offence is committed in a professional manner;

c) The victim suffers from 46% mental and behavioral disability or above because of the offence;

d) The victim’s body part has been taken;

dd) The offence results in the death or suicide of the victim;

e) The offence is committed against 06 or more people;

g) Dangerous recidivism.

4. The offender may also be liable to a fine of from VND 50,000,000 to VND 200,000,000, be prohibited from holding certain positions or doing certain works for 01 – 05 years, be put under mandatory supervision for 01 – 05 years, or have all or part of his/her property confiscated.”

2.4 Crime of Taking hostages

Pursuant to Article 301 of the 2015 Penal Code, amended and supplemented in 2017, which stipulates the crime of “Taking hostages”:

“1. Any person who takes another person hostage and threatens to kill, hurt the hostage or detains the hostage to force a nation, territory, international organization, or another organization or individual to act or not to act as a condition for releasing the hostage, except for the cases in Article 113 and Article 299 hereof, shall face a penalty of 01 – 05 years’ imprisonment.

2. This offence committed in any of the following cases shall carry a penalty of 03 – 07 years’ imprisonment:

a) The offence is committed by an organized group;

b) The offender abuses his/her position or power to commit the offence;

c) The offence is committed against a person under 18, a woman whose pregnancy is known by the offender, or a person aged ≥ 70;

d) The offence is committed against a law enforcement officer in performance of his/her official duties;

dd) The offence is committed against ≥ 02 people;

e) The offence results in bodily harm to 01 person who suffers from 31% – 60% physical disability, or bodily harm to ≥ 02 who suffer from a total physical disability of 31% – 60%;

g) The victim suffers from 11% – 45% mental and behavioral disability because of the offence.

3. This offence committed in any of the following cases shall carry a penalty of 05 – 10 years’ imprisonment:

a) The offence results in the death of 01 person or bodily harm to 01 person who suffers from ≥ 61% physical disability;

b) The offence results in bodily harm to 02 people, each of whom suffers from 31% – 60% physical disability;

c) The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 61% – 121%;

d) The offence results in property damage of from VND 100,000,000 to under VND

500,000,000;

e) The victim suffers from ≥ 46% mental and behavioral disability because of the offence.

4. This offence committed in any of the following cases shall carry a penalty of 07 – 15 years’ imprisonment:

a) The offence results in the death of ≥ 02 people;

b) The offence results in bodily harm to ≥ 02 people, each of whom suffers from ≥ 61% physical disability;

c) The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of ≥ 122%;

d) The offence results in property damage of ≥ VND 500,000,000.

5. A person that prepares for the commission of this offence shall face a penalty of 06 – 36 months’ imprisonment.”