How to distinguish the crime of kidnapping from the crime of illegal detention

First, how to distinguish the crime of kidnapping from the crime of illegal detention? As far as the kidnapper violates the personal freedom of others, kidnapping is actually illegal detention, which is very similar to the crime of illegal detention The main difference between them is that (1) the crime of kidnapping must be aimed at extorting property or other illegal interests subjectively, while the crime of illegal detention has no such purpose. It should be noted here that "illegally detaining others or detaining others for debt" stipulated in the third paragraph of Article 238 of the Criminal Law shall be punished as the crime of illegal detention. Does the debt here include usury, gambling debt and other illegal debts that are not protected by law? According to the Supreme People's Court's Interpretation on How to Criminally Detain Others for Creditor's Rights and Debts Not Protected by Law (Fa Shi [2000]19) dated June 30, 2000, if the actor illegally detains or detains others for creditor's rights and debts not protected by law, he shall be convicted and punished in accordance with the provisions of Article 238 of the Criminal Law. It can be seen that the debts in the "demand for debts" in the above paragraph 3 include both legal debts and illegal debts, because from the actor's point of view, whether it is legal debts or illegal debts, the actor only wants to get back his own part, not the problem of illegally extorting other people's property. (2) The crime of kidnapping with different behaviors can only be carried out in a positive way, while the crime of illegal detention can be either an act or an omission. Second, how to measure the penalty for the crime of kidnapping According to the provisions of the first paragraph of Article 239 of the Criminal Law, anyone who commits 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, resulting in the death of the kidnapped person or killing the kidnapped person, shall be sentenced to death and confiscated property. Whoever steals a baby for the purpose of extorting property shall be punished in accordance with the provisions of the preceding two paragraphs. When applying the punishment stipulated in this article, the judicial organs should pay attention to the following issues: (1) "Causing the kidnapped person to die" refers to the act of using violence or ill-treatment against the kidnapped person to cause the kidnapped person to die, and the act of the kidnapped person committing suicide in the process of kidnapping. "Killing the kidnapped person" refers to the intentional killing of the kidnapped person after kidnapping because of extortion of property or other purposes. (2) Because the law adopts an absolutely definite statutory punishment for kidnapping causing the death of the victim or killing the kidnapped person, and it is the death penalty, the judicial organs should take a very cautious attitude when applying it and strictly grasp the applicable conditions. Whoever commits intentional injury or intentional homicide after kidnapping another person shall be included in the crime of kidnapping and shall not be convicted separately. If you commit rape, you should be punished for several crimes. According to the above, we know that the criminal punishment of kidnapping is very heavy, and in very serious cases, the suspect will be sentenced to death. If the perpetrator is investigated for criminal responsibility for kidnapping, his family may entrust a professional criminal defense lawyer for him. At different stages, the help that professional lawyers can provide is actually very great.