Case Law No.64/2023/AL regarding the determination of punishment bracket and aggravating factor of "organized crime" regarding the crime of "Kidnapping for ransom"

Case Law No.64/2023/AL regarding the determination of punishment bracket and aggravating factor of “organized crime” regarding the crime of “Kidnapping for ransom”

– Case law situation 1:

The defendant planned and prepared tools and means of committing the crime of Kidnapping for ransom but did not succeed in taking possession of the property.

– Case law situation 2:
Among the defendants, there is one who is the leader, initiator, directly persuading other defendants to participate in the act of kidnapping for ransom, planning, and assigning tasks to other defendants; there is close collusion among the defendants, carrying out consistent actions under the direction of the leader defendant.

– Legal Solution 1:
In this case, the defendant must be held criminally liable for the crime of “Kidnapping for ransom.” The court must rely on the value of the property that the defendant intended to appropriate in order to determine the punishment bracket.

– Legal Solution 2:
In this case, the defendants must be prosecuted for criminal liability for the crime of “Kidnapping for ransom” with the aggravating factor of “organized crime” specified in Point a, Clause 2, Article 169 of the Penal Code 2015 (amended and supplemented in 2017).

Link for full: Case Law No.64/2023/AL regarding the determination of punishment bracket and aggravating factor of “organized crime” regarding the crime of “Kidnapping for ransom”