The specific analysis is as follows:
State functionaries who illegally detain others by taking advantage of their powers and deprive them of personal freedom for more than 24 hours shall file a case.
According to the Standard Provisions on Filing Crimes of Dereliction of Duty and Infringement, if a staff member of a state organ illegally detains by taking advantage of his authority and is suspected of one of the following circumstances, he shall file a case:
1, illegally depriving others of their personal freedom for more than 24 hours;
2. Illegally depriving others of their personal freedom, using devices, binding and other bad means, or beating, insulting or abusing others;
3, illegal detention, resulting in minor injuries, serious injuries and death of detainees;
4. Illegal detention, if the circumstances are serious, causing the detainee to commit suicide or self-harm, causing serious injury, death or mental disorder;
5, illegal detention of more than 3 people;
6. Judicial personnel illegally detain others knowing that there are no illegal and criminal facts;
7. Other illegal detention acts that should be investigated for criminal responsibility.
According to the principle of priority, it usually takes more than 24 hours for the staff of state organs to illegally detain others before it constitutes a crime.
As an ordinary person, illegal detention of others constitutes a crime, and the duration should generally reach more than 24 hours.
Second, if the evil forces illegally detain others for more than three times, each time lasting more than four hours, or illegally detain others for more than twelve hours, they should be convicted and punished for the crime of illegal detention.
According to the Guiding Opinions on Handling Criminal Cases of Black and Evil Forces (hereinafter referred to as "Guiding Opinions"), if black and evil forces illegally detain others for many times in a short period of time, it shall be deemed as
"Illegally depriving others of their personal freedom by other means" as stipulated in Article 238 of the Criminal Law.
Whoever illegally detains another person for more than three times, each lasting for more than four hours, or illegally detains another person for more than twelve hours, shall be convicted and punished for the crime of illegal detention.
Three, for the illegal detention behavior before the promulgation of the Guiding Opinions, whether the subject belongs to the members of evil forces or not, the 24-hour rule should still apply.
Because at the time of the act, the judicial interpretation does not distinguish the constitutive conditions of illegal detention according to whether it belongs to members of evil forces, but it is uniformly stipulated as 24 hours.
In the later Guiding Opinions, the conditions for members of criminal gangs to commit the crime of illegal detention were reduced from 24 hours to 12 hours, which is unpredictable for members of criminal gangs to commit illegal detention.
If the old judicial interpretation is innocent and the new judicial interpretation constitutes a crime, the old judicial interpretation shall be applied according to the principle of combining leniency with severity, and if the illegal detention of members of the evil forces did not reach 24 hours before the promulgation of the two opinions, instead of the new standard 12 hours, it shall be regarded as innocence.
On the crime of illegal detention:
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.
Sentencing:
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.
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.
Any functionary of a state organ who commits the crime of illegal detention by taking advantage of his power shall be given a heavier punishment.
Specific sentencing standards:
1. If the crime of illegal detention is constituted, the starting point of sentencing shall be determined within the corresponding range according to the following circumstances:
(1) If the circumstances of the crime are general, the starting point of sentencing shall be determined within the range of fixed-term imprisonment and criminal detention of not more than one year.
(2) If one person is seriously injured, the starting point of sentencing shall be determined within the range of fixed-term imprisonment of not less than three years but not more than five years.
(3) If one person dies, the starting point of sentencing shall be determined within the range of fixed-term imprisonment of not less than 10 years but not more than 13 years.
2. On the basis of the starting point of sentencing, according to the number of illegal detainees, detention time, the consequences of casualties and other criminal facts that affect the composition of the crime, increase the amount of punishment and determine the benchmark punishment.
If many people are illegally detained for many times, the number of illegal detentions should be regarded as the fact of aggravating the punishment, and the number of illegal detentions should be regarded as the sentencing circumstances for adjusting the benchmark punishment.
3. In any of the following circumstances, the benchmark penalty 10%-20% shall be increased:
(1) has the circumstances of beating and insulting;
(2) State functionaries illegally detain others by taking advantage of their functions and powers.
4. If it constitutes the crime of illegal detention, it shall comprehensively consider the criminal facts such as the reason, time and harmful consequences of illegal detention, the circumstances of sentencing, and the defendant's subjective malignancy, personal danger, confession and repentance, and decide to apply probation.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: "Illegally depriving others of their personal freedom by other means" as stipulated in Article 238 of the Criminal Law. Whoever illegally detains another person for more than three times, each lasting for more than four hours, or illegally detains another person for more than twelve hours, shall be convicted and punished for the crime of illegal detention.
Article 238 of the Criminal Law stipulates that anyone who 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.
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.