Abduction in cummulation with other crimes
jurisprudence problems of legal qualification and penalty individualisation
Keywords:
abduction, kidnapping, hostage, unlawful detention, rape, extortion, multiple crime, complex crime forms, grave crimeAbstract
The crime of abduction under Article 142 of the Penal Code is excessively singular in terms of modus operandi and criminal motivation which complicates its correlation with other types of crime. It is often committed in combination with extortion, robbery, murder, illegal detention, sexual crimes, taking hostage, human trafficking, criminal exposure to risks of harm to life or health, etc. In reality these multiple crime are presented in complex factual contexts which are highly demanding in respect for judicial qualification and penalty individualisation. Judiciary response, however, is rather incomplete and controversial. By studying the identified challenges and possible solution, this article strives to contribute to its improvement
References:
Stoynov, Aleksandar. Nakazatelno pravo. Obshta chast. Sofia: Siela, 2019, s. 417.
Stoynov, Aleksandar. Nakazatelno pravo. Osobena chast. Prestaplenia protiv pravata na choveka. Sofia: Siela, 2006, s. 153.
Sandefer, David J. To Move or Not to Move? That Is the Metaphysical Question. – The University of Chicago Law Review, vol. 85, no. 8, 2018, pp. 1973–2014.
