How can an adult be kidnapped?
Abduction: The violation of the individual's freedom of movement
Success and fortune always call envious people who want a piece of the cake. Since this is not so easy to have without commitment, talent and a bit of luck, many people make use of it criminal means and kidnaps, for example, the child of a wealthy family to deal with a horrific ransom to take care of his life.
The Child abduction is just one of several abduction offenses. "The one Offense of kidnapping There are no, but various forms, all of which are based on the fact that someone is kidnapped.
In the following article you will learn everything you need to know about kidnapping. Read which one Legal provisions there are and how that Child abduction can be committed.
The offense of kidnapping as such does not exist in German criminal law.
Here you will find an overview of the facts that can be considered in connection with a kidnapping.
According to the StGB, deprivation of liberty is punished with a prison sentence of up to five years or a fine.
The kidnapping and its legal basis: is there a criminal offense of kidnapping at all?
When looking for the Offense of kidnapping in the Criminal Code (StGB), laypeople quickly become astonished. After all, everyone has had from spectacular kidnappings heard in which the police investigated. There is no question that these are criminal events. Still there is no legal text in the StGB, which is overwritten with exactly this wording, as is the case, for example, with fraud or extortion.
Still, the kidnapping is Part of criminal law, it can only be found hidden in other criminal offenses that are called Kidnapping crimes be valid.
A look at brings clarity here Section 18which contains the crimes against personal freedom.
As Basic fact the kidnapping can be found in § 239 StGB the deprivation of liberty. This describes a Restriction of freedom of movement, that is, preventing the possibility of moving to another place of one's own choosing. Exactly this characteristic corresponds to the characteristics of the kidnapping.
Besides the deprivation of liberty there is some special caseswhich also contain kidnapping in their criminal nature. These offenses are:
- Human trafficking for the purpose of sexual exploitation (Section 232 StGB)
- Human trafficking for the purpose of labor exploitation (Section 233 StGB)
- Human kidnapping (Section 234 of the Criminal Code)
- Kidnapping (§ 234 a StGB)
- Deprivation of minors (Section 235 StGB)
- Child trafficking (§ 236 StGB)
- Extortionate kidnapping (§ 239 a StGB)
- Hostage taking (§ 239 b StGB)
Specifically, it's about that Movement not about freedom of actionthat is impaired by the intervention of the perpetrator.
The deprivation of liberty (§ 239 StGB) as the basis of the various forms of abduction
The Base for all offenses listed in the Criminal Code that contain the characteristic of kidnapping, the Deprivation of liberty according to § 239 StGB.
This fact serves Protection of potential personal freedom of movement.
That is, it is irrelevant whether the victim even has one at the moment of the kidnapping Wanted to change location would have. It is only crucial that him through the intervention of the kidnapper any possibility is taken for this.
In § 239 StGB it says:
Anyone who locks up a person or deprives them of their liberty in any other way is punished with imprisonment for up to five years or with a fine.
It will two ways of access named: Imprisonment and acting in a different way. Imprisonment refers to a measure that a person goes through external devices prevents you from leaving your whereabouts. A person is considered imprisoned even if they only forcibly escaped can. A Lock out however, does not count as imprisonment.
An inspection in another way is through every suitable means of action possible. In particular come here Cunning, threat or violence in question. Typical forms of this are:
- chain, tie
- Anesthesia, hypnosis
- removing aids (e.g. wheelchair)
- Fast driving in the vehicle to prevent the occupant from getting out or leaving the vehicle
Another way of fulfilling the offense lies in the indirect perpetration. This is the case, for example, if the Arrest a person caused.
Completed is the act as soon as it is impossible for the victim to change his whereabouts, that is, he is trapped. But it is questionable from which point Duration the criminal kidnapping is accepted. A few seconds are not enough. However, a whole day would also be disproportionate. The time that passes around that "Our Father" Saying it should be enough to make kidnapping a criminal offense.
The deprivation of liberty is dragging on longer than a week or occurs as a result serious damage to health or even the death one, there is a complication that results in a Penalty sharpening shows.
See the sentence for a simple commission Imprisonment up to five years or Fine occurs, in a particularly serious case there is a prison sentence of at least one and a maximum of ten years into consideration.
Now that the criminal grounds of the kidnapping have been described, the following is briefly the Child abduction to be discribed. Such police cases are particularly prominent in the press and illustrate the feature of kidnapping very well. In addition, this fact is different from the others in that it is here as well Motives of parental affection be considered.
Deprivation of Minors: The criminal protection of abducted children
In Section 235 of the Criminal Code are subject to Minors special protection. Children are often defenseless and this is often exploited by criminals. But it is not just financial considerations, such as ransom extortion, that are a common cause of kidnapping.
Kidnapping can also be a sign of love for the child. At Custody disputes or separated parents, it happens that one of the parents commits a child withdrawal. But just like the ransom note, it is Child abduction also punishable in this case.
In the case of abducted children, the law first distinguishes between Age of the protégé. Are children kidnapped that not yet 14 years are old so are no means of crime necessary to make yourself a criminal offense. Through this wide applicability Secret stealing from infants is also made a criminal offense.
Basically, people who younger than 18 years and those of the kidnapper withdrawn from the custodian or withheld become.
A withdrawal occurs when the exercise of custody by the caused spatial separation is so impaired for a certain period of time that it can no longer be dutifully carried out.
The second inspection variant sees one Withheld in front. Refused or difficult to surrender the perpetrator, the boy or the girl who was kidnapped. Therefore, one also gets involved according to the provisions of custodysole custodial parent punishable if he dem parent with access rights the child withdraws.
As a means of action here Cunning, threat or violence Apply against the parents, third or that child judge yourself.(34 Ratings, average: 4,24 of 5)
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