How to be illegally detained by the Public Security Bureau?

Legal analysis: Public security organs belong to state organs, and if they illegally detain others or deprive others of their personal freedom by other means, which meets the constitutive requirements of a crime, they can be prosecuted by procuratorial organs for the crime of illegal detention. At this time, the victim can find a lawyer or apply for legal aid; If it does not constitute a crime, the detainee may file an administrative lawsuit and apply for state compensation.

Legal basis: Article 238 of the Criminal Law of People's Republic of China (PRC) illegally detains others or illegally deprives others of their personal freedom by other means, and 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. 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.

Whoever illegally detains another person or detains another person in order to claim debts shall be punished in accordance with the provisions of the preceding two paragraphs.

Any functionary of a state organ who commits the crimes mentioned in the preceding three paragraphs by taking advantage of his power shall be given a heavier punishment in accordance with the provisions of the preceding three paragraphs.