1, the object is different, the crime of illegal detention only violates the personal rights of others, while the object of kidnapping crime includes personal rights and property rights;
2. The constitution of crime is different;
3. Different degrees of punishment.
The crime of kidnapping refers to the act of forcibly hijacking or controlling others by means of violence, coercion or anesthesia for the purpose of extorting property or meeting other illegal demands, taking advantage of the close relatives of the kidnapped person or others' concerns about the kidnapped person's safety. The crime of illegal detention refers to the act of intentionally illegally detaining others or illegally depriving others of their personal freedom by other means.
The constitutive requirements of the crime of kidnapping are:
1, the object of this crime is the personal rights of others. Because the perpetrator kidnapped others by violence or coercion, it directly endangered the life and health of the victim. In judicial practice, actors often threaten to hurt victims and force their families to pay ransom; In the process of kidnapping, victims are often abused, burdened and even killed; Others will hurt the victim first and then extort property.
2. Objectively speaking, it is an act of kidnapping others by violence, coercion or other means. "Violence" means that the perpetrator directly binds the victim, gags, blindfolds and sacks, or hurts and beats the victim. "Coercion" refers to mental coercion of the victim or threats of violence to the victim and his family. "Other methods" refers to methods other than violence, such as using drugs, drunkenness and other methods to make the victim in a coma.
3. The subject of crime is the general subject. On the question of whether a person who has reached the age of 14 and is under the age of 16 should bear criminal responsibility for this crime, some scholars believe that because of the great harm of this crime, anyone who has reached the age of 14 and has the ability to be responsible can constitute it.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 238 of the Criminal Law
Crime of illegal detention Whoever illegally detains others or illegally deprives others of their personal freedom by other means 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.
Article 239
The crime of kidnapping is to kidnap others for the purpose of extorting property, or to kidnap others as hostages, and 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.