What will happen to the 4 suspects arrested for kidnapping 7-year-old Albertine?
In Malaysia, kidnapping is a serious criminal offense with severe penalties.
The potential charges and legal consequences for someone who kidnaps a child can include the following:
1. Kidnapping
Penal Code Section 363: This section addresses kidnapping from lawful guardianship. If found guilty, the offender can face imprisonment for up to 7 years and may also be fined.
2. Abduction
Penal Code Section 362: This section defines abduction, which can involve forceful or deceitful inducement. The penalties for abduction can vary, depending on the circumstances and whether other offenses are also committed.
3. Kidnapping for Ransom
Penal Code Section 3 of the Kidnapping Act 1961: Kidnapping for ransom is a more severe offense. Conviction can lead to a death sentence or life imprisonment, with the possibility of whipping if the death penalty is not imposed.
4. Wrongful Confinement
Penal Code Section 340: This section deals with wrongful confinement. If the confinement exceeds 10 days, the penalties can include imprisonment of up to 3 years and a fine.
5. Criminal Intimidation
Penal Code Section 503: If the kidnapper uses threats to instil fear, they can be charged with criminal intimidation, which can result in imprisonment, a fine, or both.
6. Causing Hurt or Grievous Hurt
Penal Code Sections 323 and 325: If the kidnapper causes physical harm to the child, additional charges for causing hurt or grievous hurt can be applied, leading to further imprisonment and fines.
7. Human Trafficking
Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007: If the kidnapping is related to human trafficking, the penalties include imprisonment for up to 20 years and fines. The severity of the punishment depends on the extent of the exploitation.
8. Sexual Offences
Penal Code Sections 376, 377, etc.: If the kidnapping involves any form of sexual assault or exploitation, the offender can face additional charges for sexual offenses, leading to significant prison sentences and possibly whipping.
Sexual Offences Against Children 2017: If the kidnapping of a child involves unwanted physical touch or sexual assault on a child this act could apply as well. Section 14(a) of this Act covers the offence of touching a child for sexual purposes and carries the penalty of a maximum 20 years’ jail and whipping.
9. Murder or Culpable Homicide
Penal Code Sections 302 and 304: If the kidnapping results in the death of the child, the kidnapper can be charged with murder or culpable homicide, which can lead to the death penalty or life imprisonment.
Legal Procedures
Arrest and Detention: The suspect will be arrested and detained by the police. An investigation will be conducted, and evidence will be gathered.
Trial: If charged, the suspect will face trial in a court of law, where the charges will be presented, and both the Prosecution and Defence will argue their cases.
Sentencing: If found guilty, the court will impose a sentence based on the nature of the crime and the applicable legal provisions.
In Malaysia, the legal system takes kidnapping very seriously, and the penalties reflect the gravity of the offense. The aim is to deter such crimes and ensure that justice is served for the victims and their families.
In Albertine’s case the Accused were arrested under Section 363 of the Penal Code and Section 14(a) of the Sexual Offences Against Children Act. However, it appears that there was no physical harm to Albertine.
If there is any evidence that there was a request for any ransom, they could be charged under Section 3 of the Kidnapping Act which carries the death penalty.