NCJ Number
51482
Journal
Revue internationale de criminologie et de police technique Volume: 30 Issue: 4 Dated: (OCTOBER-DECEMBER 1977) Pages: 359-364
Date Published
1977
Length
5 pages
Annotation
THE DESCRIPTION OF A KIDNAPPING ILLUSTRATES THE SHORTCOMINGS OF EXISTING SWISS LAW APPLICABLE TO SUCH CIRCUMSTANCES.
Abstract
THE CASE IN QUESTION TAKES PLACE NEAR GENEVA: A FIVE-YEAR-OLD GIRL IS KIDNAPPED FROM HER HOME WHILE THE CHAUFFEUR IS PISTOL-WHIPPED; THE RANSOM OF $2 MILLION IS PAID AND SHE WAS RECOVERED AFTER 10 DAYS. IT IS NOTED THAT THE PUBLIC FAILS TO COOPERATE WITH THE POLICE AND THAT THE PERSONS WHO CALL AND GIVE INFORMATION ON THE KIDNAP CAR OR OTHER DETAILS INSIST ON REMAINING ANONYMOUS, FOR ALTHOUGH SWISS LAW REQUIRES REPORTING THIS TYPE OF CRIME DATA, NO PENALTY IS PROVIDED FOR FAILING TO DO SO. ANALYSIS OF THE PENALTIES TO WHICH THE KIDNAPPERS ARE SUBJECT SHOWS THAT WHILE THE MAXIMUM SENTENCE FOR KIDNAPPING A MINOR IS 20 YEARS IF THE CHILD IS HELD FOR LONGER THAN A MONTH, THE MAXIMUM PENALTY IN THIS CASE WOULD BE 7 1/2 YEARS, PLUS A FINE OF 40,000 SWISS FRANCS FOR THE CRIME OF EXTORTION. IT IS DOUBTFUL THAT OTHER POSSIBLE VIOLATIONS SUCH AS THREATENING WITH A DEADLY WEAPON, BODILY INJURY, OR VIOLATION OF PRIVATE PROPERTY WOULD ADD MUCH TO THE SENTENCE. THE PUNISHMENT NO LONGER SEEMS APPROPRIATE TO THE CRIME, GIVEN KIDNAPPINGS AND VIOLENCE WHICH OCCUR WITH INCREASING FREQUENCY NOT ONLY IN SWITZERLAND BUT THROUGHOUT THE WORLD, AND THE LAWS SHOULD THEREFORE BE REVIEWED. NO BIBLIOGRAPHY IS SUPPLIED. --IN FRENCH. (INL)