First, the case: the most recent paragraph is related? Daqiang? The video was widely circulated on the Internet: at the entrance of a lawsuit center, several men controlled another man, and while beating him, they forced him into a white off-road vehicle, and the controlled man shouted loudly. The scene is chaotic and looks scary. A woman next to her said:? 1 10, I want to call the police, kidnap, and kidnap at the gate of the court. ? A man turned around and pointed to the video shooter and said, I am a strong man in Siping. I don't care where you come from. How dare you provoke me in Siping? All three northeastern provinces know me. ? After that, the vehicle drove away with people. According to the video, some netizens judged that the location of the incident was the tiedong district Court in Siping City.
Second, the investigation and handling results of the incident! After learning this information, Siping police quickly launched an investigation. After investigation, there was an economic dispute between the victim Pang Moumou and Guo Moumou. After the two sides held a court session in tiedong district People's Court, Guo Moumou, Chen Moumou and Zhang Moumou forcibly took Pang Moumou to the car and took him to Guo's office to restrict his personal freedom for more than an hour. Considering the consequences of his actions, Guo took the initiative to terminate the illegal act of restricting Pang's personal freedom. Tiedong district Public Security Bureau imposed administrative detention on Guo Moumou 10, and imposed administrative detention on Zhang and Zhang for 7 days.
Third, why don't Guo Moumou and others constitute it? Kidnapping ? Guo Moumou and others beat and held others at the gate of the court. Nature is so bad that it affects them. Why do the police only impose administrative detention, not pressure? Kidnapping What about investigating their criminal responsibility?
Fourth brother, what can you say? Explain to you what the video said? Crime of kidnapping in the sense of criminal law? Kidnapping, but illegal detention. The crime of kidnapping refers to the act of kidnapping others by violence, coercion or other means for the purpose of extorting property, or kidnapping others as hostages. The act of taking others hostage by Guo Moumou and others is illegal detention, not kidnapping.
Article 238 of the Criminal Law whoever illegally detains another person or illegally deprives another person of his 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.
Guo Moumou and others beat and held others at the gate of the court and restricted people in the office for more than an hour. Why does bad influence not constitute the crime of illegal detention? Siping police did not pursue the criminal responsibility of Guo Moumou and others, mainly because they believed that after all, the two sides had a cause, did not cause serious consequences, and did not meet the time standard. How long does illegally restricting the freedom of others constitute the crime of illegal detention? There is no clear stipulation in the law, and it may not be stipulated in the face of complex cases. In the process of implementation, everyone is eager to have a time? Ruler? . Since 2006, the basis of the crime of illegal detention in practice is the Supreme People's Procuratorate's Provisions on the Standards for People's Procuratorates to Directly Accept Cases for Investigation (Trial). This provision is aimed at state functionaries who illegally detain others by taking advantage of their authority and are detained for ordinary illegal detention? Borrow? . In 20 18, "guiding opinions on handling criminal cases of black and evil forces", new provisions were made on the conviction standard of the crime of illegal detention of black and evil forces: three times, each time exceeding 4 hours; Accumulated over 12 hours.
Conclusion: It is reported that the dispute between them was caused by Guo's purchase of a vehicle mortgaged by Pang. Guo Moumou was supposed to be a reasonable party, but the result was this farce. Instead of getting the money back, he took his friends to the detention center to study law.