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Unlawful imprisonment of another person for 40 hours constitutes the crime of unlawful detention.
Unlawful detention.
The crime of unlawful detention refers to the criminal act of illegally depriving others of their personal liberty by means of detention, confinement, or other coercive methods. The object of the crime of unlawful detention is the right to bodily freedom of others, and the so-called right to bodily liberty refers to the right of personality with the content of not unlawful interference with the movement and behavior of the body, that is, the right to freedom to decide one's own bodily actions according to one's own will within the scope of the law. A citizen's physical freedom is a guarantee for a citizen's normal work, production, life, and study, and if he loses his physical freedom, he loses the possibility of engaging in all normal activities.
Article 37 of the Constitution of the People's Republic of China stipulates: "The personal freedom of citizens of the People's Republic of China shall not be violated. No citizen shall be arrested without the approval or decision of the people's procuratorate or the decision of the people's court, and shall be enforced by the public security organs, and shall not be subject to arrest, and illegal detention or other unlawful deprivation or restriction of the citizen's personal liberty shall be prohibited.
Therefore, unlawful detention is a serious deprivation of a citizen's physical freedom.
Laws and Regulations. Article 238 of the Criminal Law [Crime of Unlawful Detention] Whoever illegally detains another person or unlawfully deprives another person of his or her personal liberty by other means shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, controlled release, or deprivation of political rights. Where there are circumstances of beating or insulting, a heavier punishment is to be given.
Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; and where death is caused, the sentence is to be 10 or more years imprisonment. Where violence is used to cause injury or death, it is to be convicted and punished in accordance with the provisions of article 234 [Intentional Injury] and Article 232 [Intentional Homicide] of this Law.
Where others are illegally seized or detained for the purpose of collecting debts, punishment is to be given in accordance with the provisions of the preceding two paragraphs.
Where employees of state organs abuse their authority to commit the crimes in the preceding three paragraphs, they are to be given a heavier punishment in accordance with the provisions of the preceding three paragraphs.
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The death penalty is unlikely to be imposed, the death penalty is rarely used abroad, and the state is gradually abolishing the death penalty in line with international standards. Unless someone who is particularly dangerous will be killed, like Zhou Kehua, it is not safe not to kill.
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For the crime of illegal detention, lynching is also used, fainting, the circumstances are serious, and the possibility of a real sentence is extremely great.
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Legal Analysis: Illegally detaining another person for more than 24 hours will constitute a crime, and the public security organs will file a case for investigation and investigate the criminal responsibility of the suspect.
Legal basis: Criminal Law of the People's Republic of China Article 228 Whoever, for the purpose of making profits, violates land management laws and regulations by illegally transferring or reselling land use rights, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention, and/or a fine of between 5% and 20% of the value of the illegally transferred or resold land use rights; where the circumstances are particularly serious, the sentence is to be between three and seven years imprisonment and a fine of not less than 5 to 20 percent of the value of the illegal transfer or resale of land use rights.
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1.Those who illegally detain others or unlawfully deprive others of their personal liberty by other means are to be sentenced to up to three years imprisonment, short-term detention, the management of regimental calendars, or deprivation of political rights.
2.If there are circumstances of assault or insult, a heavier punishment is required. Whoever commits the crime in the preceding paragraph shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years if the search causes serious injury. If death is caused, the sentence shall be imprisonment of not less than 10 years.
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Detention Center Visiting Time and Requirements:
1.Unconvicted prisoners in detention centers are not allowed to visit their detainees, except to meet with their lawyers.
2.Convicts who have been sentenced to serving a sentence in a detention center may be allowed to visit, but not more than three times a month. Generally, Saturdays and Sundays are not visiting times.
3.Not everyone has the right to visit, and generally only close relatives of the offender or other close relatives can. However, it is permissible to send things or money to prisoners from outside, but the items must be purchased from a store affiliated with the detention center or can be delivered after inspection.
You can look up the ** number and ask about the visiting hours.
Criminal defense in the world.
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Those who have already been sentenced and can apply for a prison visit at any time. For this kind of question, you'd better go to the lawyer's post to ask the lawyer. I guess it's the clearest.
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