The standards for filing the crime of illegal detention are:
According to the "Regulations of the Supreme People's Procuratorate on the Standards for Direct Acceptance of Cases for Investigation by the People's Procuratorate", state agency staff are suspected of taking advantage of their powers to illegally detain, If one of the following circumstances occurs, a case shall be filed:
1. Illegal detention for more than 24 hours;
2. Illegal detention of others more than 3 times, or illegal detention of more than 3 people at one time ;
3. Illegal detention of others, and the conduct of binding, beating, humiliation, etc.;
4. Illegal detention, causing disability, death or mental disorder;
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5. Under any of the above circumstances, illegally detaining others or detaining others for the purpose of extorting debts;
6. Judicial officers illegally detaining persons who know they are innocent.
Legal Basis
Article 238 of the "Criminal Law" stipulates that anyone who illegally detains others or illegally deprives others of their personal freedom by other methods shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. , control or deprive political rights. Those who are beaten or insulted will be severely punished. Anyone who commits the crime in the preceding paragraph and causes serious injury 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. Anyone who illegally detains others or detains others for the purpose of extorting debts shall be punished in accordance with the provisions of the preceding two paragraphs.
Any state agency staff member who takes advantage of his authority to commit the crimes in the first three paragraphs shall be severely punished in accordance with the provisions of the first three paragraphs.
The "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Crowd Fighting" details the filing standards for the crime of crowd fighting. The specific standards are attached.
First, the provisions of criminal law. Article 293 of the Criminal Law Whoever commits any of the following acts of provoking quarrels, provoking troubles, or disrupting social order shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, or surveillance: (1) Beating others at will, with serious circumstances;
(2) Chasing, intercepting, insulting or intimidating others, the circumstances are serious;
(3) Extorting, or arbitrarily damaging or misappropriating public or private property, the circumstances being serious;
>(4) Having sex together in public places. Causing serious disorder in public places.
Whoever gathers a crowd multiple times to commit the acts mentioned in the preceding paragraph and seriously disrupts social order shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and may also be fined.
Second, the refinement of judicial interpretation. "The Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Crowd Fighting" was issued at the 1579th meeting of the Judgmental Committee of the Supreme People's Court on May 27, 2013 and the 12th meeting of the Supreme People's Procuratorate on April 28, 2013. Passed by the fifth session of the Procuratorate Committee. It is hereby announced and will come into effect on July 22, 2013.
In order to punish the crime of picking quarrels and provoking trouble in accordance with the law and maintain social order, in accordance with the relevant provisions of the "Criminal Law of the People's Republic of China", several issues concerning the application of law in handling criminal cases of picking quarrels and provoking trouble are hereby explained as follows:
Article 1: The perpetrator creates trouble by seeking excitement, venting emotions, showing off, etc. , who commits the acts stipulated in Article 293 of the Criminal Law shall be deemed as the crime of "picking quarrels and provoking trouble."
If an actor commits an act stipulated in Article 293 of the Criminal Law due to occasional conflicts and disputes in daily life, it shall be deemed as "picking quarrels and provoking trouble", but the conflict was intentionally caused by the victim or the victim responded to the conflict. Except for those who are primarily responsible for the intensification.
Those who beat, insult, threaten others, damage, or appropriate other people's property due to disputes over marriage, family, neighborhood, or debt are generally not considered "picking quarrels and provoking trouble," but they will be stopped after being criticized by the relevant departments. Or continue to carry out cutting-edge behavior after being punished, except for disrupting social order.
Article 2: Anyone who beats others at will and disrupts social order under any of the following circumstances shall be deemed to be a "serious circumstance" as stipulated in Article 293, Paragraph 1, Item 1 of the Criminal Law:
(1) Causing minor injuries to one or more people or minor injuries to two or more people;
(2) Causing serious consequences such as mental disorder or suicide to others;
(3) Randomly beating others multiple times;
(4) Randomly beating others with weapons;
(5) Randomly beating mental patients, disabled people, vagrants and beggars, and the elderly People, pregnant women and minors, causing adverse social impact;
(6) Beating others at will in public places, causing serious disorder in public places;
(7) Others The plot is egregious.
Article 3: Chasing, intercepting, insulting, intimidating others, disrupting social order, and meeting any of the following circumstances shall be deemed to be "the following as specified in the second item of the first paragraph of Article 293 of the Criminal Law" "Egregious circumstances":
(1) Chasing, intercepting, insulting, or intimidating others multiple times, causing a negative social impact;
(2) Chasing, intercepting, insulting, or intimidating others with a weapon Others;
(3) Chasing, intercepting, insulting, and intimidating the mentally ill, disabled people, vagrants and beggars, the elderly, pregnant women, and minors, causing adverse social impact;
(4) Causing serious consequences such as mental disorder or suicide to others;
(5) Seriously affecting other people’s work, life, production and operation;
(6) Other serious circumstances of.
Article 4 Anyone who extorts money or arbitrarily damages or possesses public or private property and disrupts social order shall be deemed to be a "serious case" as stipulated in Item 3 of Article 293, Paragraph 1 of the Criminal Law:
(1) Extorting public or private property worth more than 1,000 yuan, or arbitrarily damaging or misappropriating public or private property worth more than 2,000 yuan;
(2) Repeatedly extorting or arbitrarily damaging, Misappropriating public or private property, causing a bad social impact;
(3) Extorting or arbitrarily damaging or misappropriating the property of mentally ill people, disabled people, vagrants and beggars, the elderly, pregnant women and minors, causing a bad impact Social impact;
(4) Causing serious consequences such as mental disorder and suicide of others;
(5) Seriously affecting other people’s work, life, production and operation;
(6) Other serious circumstances.
Article 5 Those who stir up trouble at stations, docks, airports, hospitals, shopping malls, parks, theaters, exhibition halls, sports fields or other public places shall consider the nature of the public place, the importance of the public activity, Factors such as the number of people in public places, the time of causing trouble, the scope and degree of impact on public places, etc.
Article 6: Anyone who gathers a crowd three or more times to commit the crime of picking quarrels and provoking trouble and has not been dealt with shall be punished in accordance with the provisions of paragraph 2 of Article 293 of the Criminal Law.
Article 7: Carrying out acts of picking quarrels and provoking troubles meets the constituent elements of the crime of picking quarrels and provoking trouble, intentional homicide, intentional injury, intentional destruction of property, extortion, and robbery. , should be convicted and punished according to the crime with a heavier punishment.
Article 8 If the perpetrator pleads guilty or regrets, actively compensates the victim for losses or obtains the victim's understanding, he may be given a lighter punishment; if the crime is minor, he may not be prosecuted or be exempted from criminal punishment.