Is it correct that the offense of abduction of a person under 16 is subject to 15 years of imprisonment in Vietnam? What are judgments on this offense?

1. Is it correct that the offense of abduction of a person under 16 is subject to 15 years of imprisonment in Vietnam?

Abduction of a person under 16 can be understood as an act where someone uses force, threats of force, or other deceptive means to detain or hand over a person under 16 to another person.

For the crime of abduction of children, it can be manifested through methods such as stealth, deception, or luring children away from the care and supervision of parents or guardians to sell, to raise as adopted children, or to seek revenge on the child’s parents.

Abduction of children can be carried out in various forms. However, regardless of the form, anyone who engages in the above-mentioned actions will be held criminally responsible for those actions.

According to the provisions of Article 153 of the Criminal Code 2015, amended 2017 concerning the crime of abduction of a person under 16:

- Anyone who uses force, threats of force, or other deceptive means to detain or hand over a person under 16 to another person shall be sentenced to imprisonment from 03 years to 07 years.

- Committing the crime in one of the following cases shall be subject to a prison sentence from 05 years to 10 years:

+ With an organized approach;

+ By taking advantage of position, authority, or profession;

+ Against a person under their care, custody, or upbringing;

+ Against 02 to 05 people;

+ Committing the crime 02 or more times;

+ Causing injury, harm to health, or mental disorder to the victim with a body injury rate of 31% to 60%.

- Committing the crime in one of the following cases shall be subject to a prison sentence from 10 years to 15 years:

+ Acting in a professional manner;

+ Against 06 or more people;

+ Causing injury, harm to health, or mental disorder to the victim with a body injury rate of 61% or more;

+ Resulting in the death of the victim;

+ Dangerous recidivism.

Moreover, the criminal may also be subject to a fine ranging from 10,000,000 VND to 50,000,000 VND, a ban on holding certain positions, practicing professions, or performing certain jobs from 01 year to 05 years.

As such, under the criminal law provisions in Vietnam, the crime of abduction of a person under 16 can result in a prison sentence from 03 years to 07 years, with the highest prison sentence being up to 15 years.

2. What are judgments on the crime of abduction of a person under 16 in Vietnam?

Listed below are some judgments related to the crime of abduction of a person under 16, resolved by courts in Vietnam:

Judgment 05/2020/HS-ST dated April 28, 2020, on the crime of abduction of a person under 16

- Judicial body: People’s Court of An Phu District, An Giang Province

- Excerpt: “H proactively became acquainted with Tran Tuan V2 through the social network FACEBOOK, and then they regularly communicated and developed a romantic relationship. During their conversations, V2 accidentally became acquainted and fond of N. H pretended to tell about N's pitiful situation and Vinh expressed a desire to adopt N to care for him. Consequently, H decided to kidnap N and hand him over to V2 for adoption, so that in times of difficulty, H could conveniently seek financial assistance from V2.

At about 07:00 AM on November 1, 2019, H pretended to ask for Mrs. T's permission to take N out for a ride, to which Mrs. T agreed. Subsequently, H drove a motorcycle with the license plate 67L7-62x, taking N to An Giang Province General Hospital, parked the motorcycle there, then took a taxi to the Martyrs' Cemetery area in District C, An Giang Province, and handed N over to V2, who brought N to his house in Ben Tre Province.”

- Sentencing: Defendant Thai Thi Bich H was sentenced to 02 (two) years in prison.

Judgment 06/2021/HS-ST dated February 22, 2021, on the crime of abduction of a person under 16

- Judicial body: People’s Court of Chau Phu District, An Giang Province

- Excerpt: “Nguyen Thi Ai N took Luong Phuoc Dang (N’s biological child) to Khánh Hoa C Primary School in Khanh Hoa Commune, Chau Phu District, to complete the admission procedures for Dang. While at the school canteen, Nguyen Thi Ngoc Y (born in 2015) approached to ask for food, and N gave Y some food. Seeing Y wandering alone, N asked Phan Thi T (a vendor in the canteen) about Y’s parents. T said: “Y’s father, Nguyen Huu D, lives behind the school and usually neglects Y as he frequently gets drunk, doesn’t take care of or send Y to school.” N then asked to adopt Y and was told that “many people had asked to adopt Y, but D didn't agree.” Following this, N asked Y “Do you want to be my adopted child?”, to which Y replied “Yes”, and was taken by N to her home in Khanh Chau Hamlet, Khanh Hoa Commune, Chau Phu District.”

- Sentencing: Defendant Nguyen Thi Ai N was sentenced to 02 (two) years in prison, suspended, with a probation period of 04 (four) years starting from February 22, 2021.

Judgment 76/2021/HS-ST on the crime of abduction of a person under 16

- Judicial body: People’s Court of Pleiku City, Gia Lai Province

- Excerpt: “On March 21, 2021, P traveled from Xuyen M District to Pleiku City to attend baby T's one-month birthday party and stayed at N’s boarding room. At approximately 12:30 PM on March 22, 2021, while N was sleeping, P secretly carried baby T outside the boarding room, took a taxi (driver and license plate unknown) to Buon Ma Thuot City, Dak Lak Province, and then took a coach with license plate 81B-057.X driven by Tu Quoc Q to transport baby T to Ho Chi Minh City.”

- Sentencing: Defendant Nguyen Le Hoang P was sentenced to 03 (three) years in prison.

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