Crime of Taking Hostages
Article 301 of the Criminal Code 2015 stipulates the crime of Taking Hostages as follows:
1. Any person who seizes, detains, or holds another person as a hostage in order to coerce a State, territory, international organization, agency, organization, or individual to perform or refrain from performing an act as a condition for the release of the hostage, and who does not fall under the circumstances prescribed in Articles 113 or 299 of this Code, shall be liable to a penalty of imprisonment for between 01 year and 04 years.
2. Committing the offence in any of the following circumstances shall carry a penalty of imprisonment for between 03 years and 07 years:
a) The offence is committed in an organized manner;
b) The offender abuses his/her position or power;
c) The offence is committed against a person under 18 years of age, a woman known to be pregnant, or a person aged 70 years or older;
d) The offence is committed against a person performing official duties;
đ) The offence causes serious consequences.
3. If the offence causes very serious consequences, the offender shall be liable to imprisonment for between 05 years and 10 years, in any of the following cases:
a) Causing the death of one person or inflicting injury or harm to the health of one person with a bodily harm rate of 61% or more;
b) Inflicting injury or harm to the health of two persons, each suffering a bodily harm rate from 31% to 60%;
c) Inflicting injury or harm to the health of three or more persons with a total bodily harm rate ranging from 61% to 121%;
d) Causing property damage valued from VND 100,000,000 to under VND 500,000,000;
đ) Causing a mental and behavioral disorder to the victim with an impairment rate of 46% or more.
4. If the offence causes particularly serious consequences, the offender shall be liable to imprisonment for between 08 years and 15 years, in any of the following cases:
a) Causing the death of two or more persons;
b) Inflicting injury or harm to the health of two or more persons, each suffering a bodily harm rate of 61% or more;
c) Inflicting injury or harm to the health of three or more persons with a total bodily harm rate of 122% or more;
d) Causing property damage valued at VND 500,000,000 or more.
5. Any person who makes preparations to commit this offence shall be liable to imprisonment for between 06 months and 03 years.
Legal Grounds:
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Article 301 of the Criminal Code 2015;
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Clause 103, Article 1 of the Law Amending and Supplementing the Criminal Code 2017.
