Title: On Two "Suppressing" Concepts in the Kidnapping Crime
Abstract: The constitution of the kidnapping crime includes: objectively,the criminal has reached the status to suppress someone's resistance; subjectively,he has created a threat so that any third party will have to give up the resistance in psychology. In terms of behavior,the crime of kidnapping means that the criminal has put others under control by violence,coercion or deception. Besides,stealing infants and deceiving those without capacity also fall into the crime,although it excludes the conduct that does not infringe upon one's freedom. The illegal request and the amount of money the criminal asks for are not the constitutive elements of the crime of kidnapping.And what needs to note is,according to the facts of the case,even if all the constitutive elements of the crime have been satisfied,the one who commits the behavior still cannot be regarded as the criminal as a result of impossibility to turn his threatening intention into reality.
Publication Year: 2015
Publication Date: 2015-01-01
Language: en
Type: article
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