How to deal with the defendant's illegal detention

Legal analysis: when the defendant is charged by the procuratorate with illegal detention, it is best to entrust a lawyer to defend him. Active and effective defense can exempt or mitigate criminal punishment. The crime of illegal detention is a criminal offence. When personal freedom is illegally violated, it may constitute the crime of illegal detention. The procuratorial organ will institute criminal proceedings against the infringer and bear criminal responsibility.

Legal basis: Article 33 of the Criminal Procedure Law of People's Republic of China (PRC). In addition to exercising the right of defense, criminal suspects and defendants may also entrust one or two people as defenders. The following persons may be entrusted as defenders:

(1) lawyers;

(2) A person recommended by a people's organization or the unit to which the criminal suspect or defendant belongs;

(3) Guardians, relatives and friends of criminal suspects and defendants.

A person who has been sentenced to punishment according to law or deprived of or restricted personal freedom shall not act as a defender. A person who has been dismissed from public office or has his lawyer's or notary's practice certificate revoked may not act as a defender, except the guardian or near relative of the criminal suspect or defendant.