On 22 December, the Supreme People’s Court promulgated the Interpretation of the Supreme People’s Court on Several Issues Concerning the Specific Application of Law in the Trial of Cases of Trafficking in Women and Children (hereinafter referred to as “Interpretation”). “Interpretation” in the clear, for infants and young children to deceive, inducement, etc. from the guardian as “theft of infants and young children”; medical institutions, social welfare agencies and other units of staff for the purpose of illegal profits, will clinics, nursing, Of the children to sell to others, to “trafficking in children” on. According to the “Criminal Law” provides that the circumstances of the crime is particularly serious, can be sentenced to death.
Trafficking in women and children
The application of laws and policies is controversial
The Supreme People’s Court Criminal Court, a responsible person said that in 2015, the National Court concluded trafficking in women and children 853 cases of crime, sentenced 1362 people, compared with 2012 decreased by more than 50%; 2016 January to November, the national court concluded 618, sentenced 1107 people.
“However, the trafficking of women, child crime cases, there are still some controversial legal policy, need to be clear.” The official said, “such as what is the theft of infants and young children to sell? How to distinguish between normal marriage and the introduction of marriage banner banner The boundaries of women’s crime are not known in practice. ”
To steal for the purpose of selling baby
The circumstances are particularly serious death penalty
Article 240 of the Criminal Law stipulates that women and children shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and fined for stealing infants and young children for the purpose of sale and shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and fined Or the confiscation of property; the circumstances are particularly serious, the death penalty, and confiscation of property.
Beijing Youth Daily reporter was informed that the judicial practice, such cases are common, the use of parents and other guardians or caregivers of the negligence, to pay for infant toys, go out to play and other means to kidnap infants. However, whether the situation is “theft of infants and young children”, the practice of controversy. The “explanation” clear, infants and young children to deceive, inducement and other means to make it out of the guardian or caregiver, as the “Criminal Code” Article 240 of the “theft of infants and young children.”
No abuse, no obstacle to rescue
Can be reduced or mitigated punishment
Article 241 of the Criminal Law stipulates that women and children who have been abducted and trafficked shall have no abusive behavior against the purchased children and shall not be hindered from rescuing them, and shall be given a lighter punishment; in accordance with the wishes of the women who are bought, they shall not be prevented from returning to their original residence Land, you can lighten or mitigate the punishment.
The “interpretation” provides that the state organs staff to detect children of unknown origin or rescue, the purchase of children hiding, transfer or other impediment to rescue behavior, persuasion and education still do not match, is to “impede its rescue”.
The above-mentioned person in charge added that the voluntary retention of women in the local co-existence of the situation, as “in accordance with the wishes of the women to buy, do not hinder their return to their place of residence”, “but can only be punished according to the law, need to be held criminally responsible
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