What is the punishment standard for the crime of illegal detention?

1. What is the standard for the determination of the crime of illegal detention? 1. The boundary between the crime of illegal detention and non-crime 1. Draw a clear line between general illegal detention and the crime of illegal detention. Illegal detention only constitutes a crime if it reaches a serious level. Therefore, the nature of illegal detention should be comprehensively analyzed and determined according to the seriousness of the circumstances, the size of the harm, the motivation of private interests, the length of detention and other factors. 2. Draw a clear line between illegal arrest and illegal detention. The main difference between the two is that illegal detention and arrest are in violation of the legal provisions on detention and arrest. Generally speaking, the judicial personnel decide, approve and execute the arrest according to the statutory authority and conditions, which violates the relevant procedures, formalities and deadlines stipulated by law and does not have the motive and purpose of illegal detention. Such as: general overdue arrest and arrest; Failing to handle and produce the detention certificate and detention certificate in time; Failing to notify the family members of the criminal suspect or the unit to which he belongs in time according to law; If the criminal is detained for an extended period without going through the extension formalities first, it does not constitute the crime of illegal detention. A person who is wrongly arrested or arrested due to various objective factors does not constitute a crime. (2) The boundary between the crime of illegal detention and the crime of extorting a confession by torture is 1, and the constitutive requirements are different. The former is the general subject, and the latter can only be the national judicial staff. 2. The targets of crimes are different. The former is an ordinary citizen, and the latter can only be a criminal suspect accused of illegal and criminal acts. 3. The manifestations and purposes of criminal acts are different. The former illegally deprives others of their personal freedom by detention or other coercive methods, while the latter extorts confessions by torture by corporal punishment or disguised corporal punishment. If the two crimes occur together and are interrelated, they should generally be treated as felonies as implicated offenders. Non-state employees who commit detention acts such as "extorting a confession by torture" can be punished as the crime of extorting a confession by torture. (3) One crime and several crimes of illegal detention 1, and the involvement and concurrence of illegal detention with intentional homicide, intentional injury, extorting confessions by torture and obtaining evidence by violence 2. The imaginary concurrence of illegal detention and obstruction of official duties refers to obstructing the staff of state organs from performing their duties according to law by violence or threat, obstructing NPC and local people's congresses from performing their duties according to law by violence or threat, or obstructing the work of the Red Cross by violence or threat in natural disasters and emergencies. 3. The imaginative concurrence of the crime of illegal detention and the crime of violent interference with the freedom of marriage is basically the same as that of the crime of obstructing official duties. The difference is that the crime of violent interference with freedom of marriage is stipulated in our criminal law as "handling after informing", while the crime of illegal detention has no such stipulation. In this way, in the specific case of the concurrence of two crimes, it is necessary to analyze it according to different situations: (1) If illegal detention interferes with the freedom of marriage of others, it has not caused serious consequences, and the victim has not reported the case to the judicial organ. (2) If illegal detention interferes with the freedom of marriage of others, resulting in the death of the victim, the defendant shall be investigated for criminal responsibility according to the principle of imaginative joinder of offenses. (3) Those who interfere with others' freedom of marriage by illegal detention and cause serious injuries shall be dealt with separately depending on whether the parties have informed them. First, if the parties inform the judicial organs, the criminal responsibility of the defendant should be investigated according to the principle of imaginative joinder of offenses. The legal punishment basically constituted by the crime of illegal detention should not be regarded as the legal punishment of illegal detention "causing serious injuries". Second, if the parties fail to inform, the perpetrator should not be investigated for criminal responsibility. Second, the punishment standard for the crime of illegal detention According to the provisions of paragraphs 1 and 2 of Article 238 of the Criminal Law, those who commit the crime of illegal detention shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, and those who beat or insult others shall be given a heavier punishment. Whoever commits the crime of illegal detention and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than 3 years 10 years; Whoever causes death shall be sentenced to fixed-term imprisonment of 10 years or more. 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. Any functionary of a state organ who commits the crime of illegal detention by taking advantage of his power shall be given a heavier punishment. The so-called beating and insulting circumstances refer to beating and insulting in the process of detention for the purpose of illegal detention. As a serious situation of the crime of illegal detention, beating and insulting includes the crime of minor injury and insulting, but it should not include the crime of intentional injury of serious injury. For those who cause serious injuries through negligence, the legal punishment of illegal detention aggravating consequential crime should be applied; Whoever intentionally causes serious injury to others shall be punished as the crime of intentional injury in accordance with the provisions of the second paragraph of this article. The so-called "causing serious injury" and "causing death" only refer to causing serious injury and death due to negligence, and do not include the situation of causing serious injury due to intentional negligence, because this situation still belongs to the category of intentional serious injury. The so-called illegal seizure and detention of others for claiming debts refers to the situation of claiming legal debts. The third paragraph of Article 238 of the Criminal Law clearly stipulates that "anyone who illegally hijacks or detains others for the purpose of obtaining debts" shall be punished in accordance with the provisions of the crime of illegal detention. If the actor detains or detains others for the purpose of obtaining illegal property, it shall be deemed as the crime of illegal detention according to judicial interpretation. I hope the problems you encounter can be solved. Judging from the actual cases, the main actors of the crime of illegal detention are mostly state workers or grassroots rural cadres with certain powers. In addition, such cases often involve more people. Have a plenty of direct planners and commanders, have a plenty of hands tied, ordered to guard. Therefore, it should be noted that only those who are directly responsible and those who have despicable motives such as framing and revenge should be investigated for criminal responsibility according to law. Other personnel should be treated differently and generally not be investigated for criminal responsibility. In this case, it is recommended to consult a professional lawyer and entrust a lawyer to help. Further reading: What are the constitutive elements of the crime of illegal detention? The object of this crime is the citizen's right to personal freedom ... what is the standard for filing the crime of illegal detention? Is it possible that the staff of state organs use their powers to be suspected of illegal detention ... Is the juvenile criminal record eliminated? The criminal record cannot be eliminated, but according to the criminal procedure law, ...