论绑架罪的目的

绑架罪作为目的犯,具有双重“目的”,不同的目的在刑法上具有不同的性质。其直接目的“将人劫走”是绑架罪的犯罪目的,而间接目的“勒索财物”或“作人质”则是绑架罪的犯罪动机。绑架罪的目的内容具有特定性,即必须是针对第三人,并勒索财物,要求程度上为“重大”。绑架罪的既遂要求绑架罪直接目的的实现,但不要求其间接目的的实现。

On the Purposes of Crime of Kidnapping

Crime of kidnapping, being absichtsdelikte, has dual "purposes" with different characters in criminal law. The direct purpose of "kidnapping" is the criminal purpose of this crime, while the indirect purposes of "extortion" or "keeping a person as hostage" are criminal motives of it. The crime of kidnapping has specific contents of the purposes, namely, being directed against the third person, extorting and having serious degree. The completion of this crime requires the realization of the direct purpose instead of that of the indirect purposes.