Article 238 of the Criminal Law whoever illegally detains another person or illegally deprives another person of his 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.
What is the role of lawyers in different stages of criminal cases?
Criminal cases are divided into three stages: public security investigation stage, examination and prosecution stage and court trial stage.
1, investigation stage:
Criminal suspects are held in detention centers, and relatives are generally not allowed to meet.
Lawyers can:
1) to meet, convey the information of both parties within the scope allowed by the lawyer, and appease the frightened criminal suspect;
2) provide legal advice;
3) Apply for bail pending trial, etc.
2, review and prosecution stage:
Lawyers can apply for marking papers, understand the specific case, what evidence the judicial organs have, and formulate defense strategies in time.
3. Trial stage: This is the most critical stage.
Lawyers implement defense strategies according to the case, argue with public prosecution agencies, and persuade judges to adopt their own defense opinions through facts and laws, so as to make the trial develop in favor of the criminal suspect and strive for innocence or lighter punishment for the criminal suspect.