The crime of illegal detention often occurs in reality, mostly for restricting others' personal freedom in pyramid schemes or demanding debts (including gambling debts). The legal provisions, manifestations and sentencing of this case are analyzed as follows:
Lawyer Du Kai.
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case study
Defendant Tang Mou (nickname:), male, born on X, X, 19xx, Han nationality, Weinan city, high school education, living in Group X, xx Village, Lintong District, Xi City, Shaanxi Province. He was criminally detained on August 20 12 1 on suspicion of illegal detention, and was criminally detained on the same day. He was arrested in August of the same year 14, and is now detained in Linwei District Detention Center.
Defendant Guo, male, born on X+09XX, Han nationality, is from a residential area in Linwei District, Weinan City, Shaanxi Province. He was criminally detained on August 3, 20 12 on suspicion of illegal detention, and was criminally detained on the same day. He was arrested on August 4th of the same year 14, and is now detained in Linwei District Detention Center, Weinan City.
The People's Procuratorate of Linwei District of Weinan City prosecuted the defendants Tang and Guo for the crime of illegal detention. [20 12] 0 * *, filed a public prosecution with our hospital on 20 12 1.7. Our court applied summary procedure according to law, conducted a separate trial and heard the case in public. Zhang Moumou, an attorney appointed by the People's Procuratorate of Linwei District, appeared in court to support the public prosecution, and the defendants Tang Mou, Guo Mou and his defender Du Mou attended the proceedings. The trial is now over.
Case facts
The defendant Tang had a loan contract with the victim Jiang, and Jiang borrowed 350,000 yuan from Tang for project construction. However, due to problems in the project, Jiang went out to hide debts, and Jiang's vehicle was detained by creditors. Tang asked for money many times, but he couldn't find ginger. 20 12 At 20 o'clock on June 5, Tang gathered Guo and others to detain Jiang in Room 3.7 of a hotel in Weinan City, demanding that Jiang ask his family for money and beat Jiang until he suffered a cerebral hemorrhage and a broken rib. Jiang asked his family to take money 1 10000 yuan. The beating ginger was identified as a minor injury by forensic doctors. At about 0/2 o'clock the next day, after Jiang's family called the police, Tang and others released Jiang.
The court ruled as follows:
1. Defendant Tang was convicted of illegal detention and sentenced to 10 months' imprisonment.
(The term of imprisonment shall be counted from the date of execution of the judgment. If a person is detained before the execution of the judgment, one day of detention shall be reduced to one day of imprisonment. That is, from 20 12 * to 20 13 *).
2. Defendant Guo was convicted of illegal detention and sentenced to eight months' imprisonment.
(The term of imprisonment shall be counted from the date of execution of the judgment. If a person is detained before the execution of the judgment, one day of detention shall be reduced to one day of imprisonment. That is, from 20 12 * to 20 13 *).
If you refuse to accept this judgment, you can appeal to Weinan Intermediate People's Court through our hospital or directly within ten days from the second day of receiving the judgment. If a written appeal is made, an original and a copy of the appeal shall be submitted.
Lawyer Du Kai further analyzed.
I. What is illegal detention
Illegal detention refers to the act of illegally depriving others of their personal freedom by detention, confinement, illegal detention, illegal arrest or other coercive methods.
Second, the manifestations of illegal detention
Illegal detention is generally manifested as follows: first, it directly binds people's bodies and deprives others of their freedom of physical activity, such as detention and binding; One manifestation is to indirectly bind a person's body and deprive others of their freedom of physical activity, that is, to limit others to a certain range, making it impossible or difficult for them to leave or escape. This deprivation of freedom of others can be intangible or tangible. For example, if you want to detain women subjectively, you should take away the clothes of women who are taking a bath, so that women are ashamed to go out.
Three, the standard of filing the crime of illegal detention
Anyone suspected of one of the following circumstances shall be placed on file: (1) illegally depriving others of their personal freedom for more than 24 hours; (2) Illegally depriving others of their personal freedom, using violent means such as weapons and binding, or committing acts of beating, insulting or maltreating; (3) Illegal detention causes minor injury, serious injury or death to the detainee; (4) Illegal detention, if the circumstances are serious, resulting in the detainee committing suicide or self-mutilation, resulting in serious injury or death; 5] Illegal detention for more than 3 times; [6] Judicial personnel illegally detain people who know that they have no criminal facts; Once other illegal detention, criminal responsibility should be investigated.