One day in May, 20 16, when Xiao Tao asked Jun Xiao for 50,000 yuan, he was beaten by Jun Xiao. In a rage, Xiao Tao borrowed a container, forcibly took control of Jun Xiao and dragged Jun Xiao to a remote tree garden. And tell Xiaojun when to pay back the money and when to let you go. Trapped the next night, Xiaojun took advantage of Xiao Tao and others unprepared and took the opportunity to escape. After Xiaojun escaped, he alerted the public security organs, and Xiao Tao and others were arrested!
Xiao Tao and others have committed the crime of illegal detention!
crime of false imprisonment
Whoever illegally detains others or illegally deprives others of their personal freedom by other means shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights. Those who are beaten or insulted shall be given a heavier punishment.
Whoever commits the crime mentioned in the preceding paragraph and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death shall be sentenced to fixed-term imprisonment of not less than ten years. Whoever uses violence to cause disability or death shall be convicted and punished in accordance with the provisions of Articles 234 and 232 of this Law (intentional injury and intentional homicide).
Whoever illegally detains another person or detains another person in order to claim debts shall be punished in accordance with the provisions of the preceding two paragraphs.
Any functionary of a state organ who commits the crimes mentioned in the preceding three paragraphs by taking advantage of his power shall be given a heavier punishment in accordance with the provisions of the preceding three paragraphs.
Retention behavior
The crime of illegal detention refers to the act of intentionally and illegally depriving others of their personal freedom. The legal interest infringed by this crime is personal freedom. The essence of detention is objectively and illegally depriving others of their freedom of physical activity. Means can be varied.
Example 1: Take away women's clothes and make them ashamed to leave the bathroom. Example 2: The car is driving at a high speed, so that passengers who want to get off out of fear cannot get off.
Exodus 3: I found that my classmate was locked in the room by mistake, but deliberately did not open the door, which constituted illegal detention by omission. Example 4: lying to the police about the case and deceiving the police to detain others constitute an indirect principal offender of the crime of illegal detention (and may also commit the crime of false accusation and framing).
Whether the victim is aware of it or not
As long as the perpetrator illegally deprives the victim of personal freedom, it is illegal detention. As for whether the victim realized being cheated, I don't ask. On the contrary, if the perpetrator deceives the victim without depriving him of his personal freedom, it is not illegal detention.
Example 1: Zhang San tricked Li Si into turning off the power supply after entering the elevator, so that Li Si could not get out of the elevator, and lied to Li Si about power outage maintenance. Although Li Si didn't realize Zhang San's deception, he realized that his physical freedom had been lost. Zhang San belongs to illegal detention.
Ex. 2: When the plane was able to land, the captain deceived the passengers that "the weather was not good enough to land" and deliberately refused to land. The captain was illegally detained. Example 3: When Zhang San learned that Li Si wanted to see Wang Wu, he tricked Li Si into staying in his room and lied that Wang Wu would come soon and Li Si would stay in his room for a long time. Objectively, Li Si did not lose his physical freedom, subjectively, Li Si did not realize that he had lost his physical freedom. Zhang San does not constitute illegal detention.
Example 4: Zhang San wants to keep Lisi with him, and under the guise of taking Lisi to play for free, he takes Lisi to a high-end restaurant for consumption and plays games in the game hall. Objectively, Li Si did not lose his physical freedom, subjectively, Li Si did not realize that he had lost his physical freedom. Zhang San does not constitute illegal detention.
Detention must be illegal.
Example 1: detention and arrest by judicial organs according to law are not illegal detention. However, intentional extended detention belongs to illegal detention. It's illegal to put a sane person in a mental hospital. Exodus 2: A promise based on the victim's promise or presumption is not illegal detention. For example, Zhang San said to Li Si, "I'm going to practice in seclusion for three days. Please lock me in my room." Li Si's compliance does not constitute illegal detention. Exodus 3: Imprisonment in order to prevent violent drunkards from hurting others is not illegal detention.
Other plots
The last sentence of the first paragraph, "whoever has the circumstances of beating or insulting, shall be given a heavier punishment" is the statutory heavier punishment circumstances of this crime.
The first sentence of the second paragraph "causing serious injury or death" is the result of this crime and aggravates the crime. "Causing serious injury or death" here means that illegal detention itself causes serious injury or death; There is a direct causal relationship between the result of demanding serious injury and death and illegal detention.
The last sentence of the second paragraph "Whoever uses violence to cause disability or death shall be punished as intentional injury and intentional homicide respectively". This is the crime of intentional injury and intentional homicide invented by law.
Example 1: Zhang San tied Li Si to a post. The next day, Li Si was found dead. The cause of death was tight binding and suffocation. This is the situation of the first sentence. Zhang San constituted the crime of illegal detention and caused death. Example 2: Zhang San bound Li Si, Li Si insulted Zhang San, and Zhang San taught Li Si with a stick, which inadvertently led to Li Si's death. Zhang San used violence other than detention itself, causing death through negligence. If the latter sentence is applied, it is suggested that the crime of intentional homicide be determined.
The case was solved by the truth.
After Xiao Tao was arrested by the public security organs, Xiaojun's sister-in-law thought that even if Xiao Tao paid the price for her illegal behavior, Xiaojun still had to pay Xiao Tao 50 thousand yuan, and Xiaojun's recent business fiasco was greatly stimulated and his mood was very unstable, so he came to settle! Xiaojun's sister-in-law doesn't want to stimulate Xiaojun anymore. Without Xiaojun's knowledge, she gave Xiaotao 50,000 yuan.
According to the settlement agreement between Xiaojun and Xiaotao, Xiaojun will no longer pursue Xiaotao's illegal detention, and Xiaotao will no longer ask Xiaojun for a debt of 50,000 yuan, and the debts of both parties will be paid in one lump sum. After the incident, Xiaojun didn't even know that her sister-in-law had paid herself 50 thousand yuan. It turned out that a complicated case was solved by the truth!