Kidnapping the Children, and Abducting the Girls whereby Egypt criminal law

kidnapping is the unlawful taking away or transportation of a person against that person’s will, usually to hold the person unlawfully. This may be done for ransom or in furtherance of another crime, or in connection with a child custody dispute.

In some countries such as Egypt a large number of child abductions arise after separation or divorce when one parent wishes to keep a child against the will of the other or against a court order. In these cases, jurisdictions consider it kidnapping whatever the child, being competent, agrees.

The legislature has extended his legal protection from the crime of kidnapping to whom are the most vulnerable people in need of such protection, they are  the children and women. In a results of this caring , there are special articles for determining and show all sides for this crime and it’s punishment, for extend this legal protection by clear way.

In according with this target, the Egypt legislator has made up one’s mind about making powerful protection from this criminal actions against any one thinking to start react with this illegal actions, by this way the legislator had affirmed that there is no complacency with that.

We will show that in follow:

The children kidnapping:

The law is so clear about that all types of this action against child are forbidden, and we can see that clearly from style of criminal act which has already punished the offender of this crime.

The newborn child (alive or not): 

Whoever kidnaps or hides a newborn child, or replaces him/her by another, or ascribes him/her falsely to other than his/her mother, shall be punished with detention. If it is not proved the child was born alive, the penalty shall be detention for a period not exceeding one year.But, if it is proved the child was not born alive, the penalty shall be detention for a period not exceeding two months.

Who is guardian of a child:

Whoever is guardian of a child, and  child is claimed from him by another person having a right to claim that child, but he does not deliver him/her thereto, shall be punished with detention, or a fine not exceeding five hundred pounds.

The case of expose a child to danger:

1. Whoever exposes to danger a child that has not reached seven complete years of age, and leaves him/her, or impels another to leave him/her in a place unoccupied by human beings, shall be punished with detention for a period not exceeding two years.
2. If exposing a child to danger and leaving him/her in an unoccupied place, as mentioned in the previous Article, result in separating any of the child’s members or in losing a utility, the perpetrator shall be punished with the penalties prescribed for a deliberately caused wound. If it results in the death of the child, the inflicted punishment shall be that determined for willful murder,
3. Whoever exposes to danger a child that has not reached seven complete years of age, and leaves him/her in a place occupied with people, whether he does that personally or through others, shall be punished with detention for a period not exceeding six months or a fine not exceeding two hundred pounds.

Kidnapping a child:

1. Whoever personally, or through others, kidnaps cunningly or coercively a male child that has not reached  eighteen complete years of age, shall be punished with temporary rigorous imprisonment not less than five years.
2. Whoever, personally or through others, kidnaps un forcibly and un cunningly a child that has not reached twelve complete years of age, shall be punished with rigorous imprisonment for a period of five years. If the kidnapped child has reached twelve complete years of age but still less than eighteen complete years of age, shall be punished with imprisonment for a period of five years. If the kidnapped child is a female, the punishment shall be death sentence or  temporary  rigorous imprisonment,  if the perpetration of this felony is accompanied with a felony of lying with the kidnapped female.
3. Whoever, personally or through others, kidnaps cunningly or forcibly, a female shall be punished with temporary  rigorous imprisonment. However, if the perpetration of this felony is accompanied with a felony of lying with the kidnapped female without her consent, the perpetrator shall be punished with a death sentence.