First, how to convict human trafficking?
Whoever abducts and sells women and children shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined; Under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated; If the circumstances are especially serious, he shall be sentenced to death and his property shall be confiscated:
(1) The ringleader of a group that abducts and sells women and children;
(2) Abducting and selling more than three women and children;
(3) raping a trafficked woman;
(4) luring or forcing trafficked women to engage in prostitution or selling trafficked women to others for forced prostitution;
(5) Kidnapping women and children by violence, coercion or anesthesia for the purpose of selling;
(6) Stealing infants and young children for the purpose of selling;
(7) Causing serious injury, death or other serious consequences to abducted women, children or their relatives;
(8) Trafficking women and children abroad.
Second, why can't human trafficking be sentenced to death?
1. First of all, this violates the principle that a legally prescribed punishment for a crime is commensurate with a crime. Some intentional homicide can't be sentenced to death, let alone crime of trafficking in children.
Secondly, severe punishment can not only reduce crime, but also increase the probability of crime.
Third, the full implementation of the death penalty will only turn traffickers into outlaws. Since abducting and selling children and intentional homicide are both death sentences, traffickers may kill children, thus causing greater losses.
Third, the statute of limitations for human trafficking.
The limitation of action for human trafficking is 20 years. Whoever abducts and sells women and children, if the circumstances are especially serious, shall be sentenced to death and confiscated property;
Therefore, the statutory maximum penalty for the crime of human trafficking is the death penalty, so the limitation of prosecution is 20 years from the date when the criminal commits the crime, and it cannot be prosecuted beyond 20 years unless it is reported to the Supreme People's Procuratorate for approval.
(1) Five years have passed if the statutory maximum penalty is less than five years of fixed-term imprisonment;
(2) Ten years if the statutory maximum penalty is fixed-term imprisonment of not less than five years but not more than ten years;
(3) Fifteen years if the statutory maximum penalty is fixed-term imprisonment of not less than ten years;
(4) Twenty years have passed if the maximum legal punishment is life imprisonment or death penalty.
20 years later, if it is deemed necessary to prosecute, it shall be submitted to the Supreme People's Procuratorate for approval.
Legal basis:
Criminal law of the people's Republic of China
Article 240th whoever abducts and sells women and children shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined; Under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated; If the circumstances are especially serious, he shall be sentenced to death and his property shall be confiscated:
(1) The ringleader of a group that abducts and sells women and children;
(2) Abducting and selling more than three women and children;
(3) raping a trafficked woman;
(4) luring or forcing trafficked women to engage in prostitution or selling trafficked women to others for forced prostitution;
(5) Kidnapping women and children by violence, coercion or anesthesia for the purpose of selling;
(6) Stealing infants and young children for the purpose of selling;
(7) Causing serious injury, death or other serious consequences to abducted women, children or their relatives;
(8) Trafficking women and children abroad. Abduction and trafficking in women and children refers to one of the acts of abducting, kidnapping, buying, selling, picking up and transferring women and children for the purpose of selling. How many years is the buyer's sentence? In any case, the crime will be light.