The crime of kidnapping is similar to the crime of illegal detention and is easy to be confused. It is not difficult to distinguish them. Just remember that the former's subjective motive is to extort money or other illegal interests, while the latter's subjective intention is to illegally restrict the personal freedom of others. So, what is the difference between the crime of kidnapping and the crime of illegal detention? Let's take a look at it with the small series of the French Open. 1. What is the difference between the crime of kidnapping and the crime of illegal detention? 1. The targets of crimes are not exactly the same. The crime of kidnapping infringes on the complex object, that is, the victim's personal rights and property rights; The latter infringes on a single object, that is, the personal rights of the victim. 2. The objective aspects of crime are different. The crime of kidnapping generally includes kidnapping, extortion of property or other interests, and deprivation of personal freedom is the natural result of kidnapping; In general, the latter only has illegal deprivation of personal freedom, except for asking for debts, and there is no extortion of property or asking for other interests. 3. The purpose of the crime is different. The crime of kidnapping aims at extorting property or obtaining other benefits; The latter is for the purpose of illegally depriving personal freedom. 2. What are the principles for determining and handling the crime of kidnapping? The determination of the crime of kidnapping is based on the provisions of Article 239 of the Criminal Law. In any of the following circumstances, a case shall be put on file: 1. Kidnapping others for the purpose of extorting property; 2. Kidnapping others as hostages; 3. Stealing infants and young children for the purpose of extorting property. Kidnapping is a crime of behavior. As long as the perpetrator implements one of the above three situations, he should file a case for investigation. Relevant penalties In accordance with the provisions of the first paragraph of Article 239 of the Criminal Law, those who commit this crime shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated; If the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined. Whoever commits the crime mentioned in the preceding paragraph and kills the kidnapped person, or intentionally hurts the kidnapped person, causing serious injury or death, shall be sentenced to life imprisonment or death, and his property shall also be confiscated. Whoever steals a baby for the purpose of extorting property shall be punished in accordance with the provisions of the preceding two paragraphs. 3. How long does it take to illegally detain others to be a crime? If it lasts more than 24 hours, it will be considered a crime. In principle, the length of time does not affect the establishment of this crime, but only the sentencing. However, it is difficult to determine that this crime is a short-term and instantaneous deprivation of personal freedom. The above is about the difference between kidnapping and illegal detention. I hope it will help everyone. If there are any legal problems, it is recommended to consult a professional lawyer of the French Open.
Legal objectivity:
Criminal law of the people's Republic of China
Article 238
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.
Criminal law of the people's Republic of China
Article 239
Whoever abducts another person or abducts another person as a hostage for the purpose of extorting property shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated;
If the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined. Whoever commits the crime mentioned in the preceding paragraph and kills the kidnapped person, or intentionally hurts the kidnapped person, causing serious injury or death, shall be sentenced to life imprisonment or death, and his property shall also be confiscated. Whoever steals a baby for the purpose of extorting property shall be punished in accordance with the provisions of the preceding two paragraphs.