Is this considered an offence of unlawful detention????????

Article 238 of the Criminal Law: Whoever illegally detains another person or unlawfully deprives another person of his or her personal liberty by other means shall be sentenced to up to three years imprisonment, 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 articles 234 and 232 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.

Your friend's conduct has already constituted the crime of illegal detention, but the circumstances are relatively minor, and the punishment will be mitigated. Now that I have reported to the police, I have entered the judicial process. Civil cases can be private, but criminal cases cannot be private, except for those that are not sued and ignored.

The fixed-term imprisonment is more than six months, the short-term detention is one month to six months, and the controlled release is six months to two years. However, if the victim is asked to say something good for your friend in the court and ask the court to give a lighter punishment, the court believes that it will have a good effect in order not to increase the contradiction.

I think your friend's behavior constitutes illegal detention in the first place, and if the public security organs can impose a detention of up to 15 days and a fine of up to 200 yuan in accordance with the "Public Security Administration Punishment Regulations", because your friend did not inflict harm on the debtor, it should not involve the content of the Criminal Law, so it will not enter a more complicated judicial process.

Personally, I think so. Since it didn't hurt anyone. Let the guy who owes your buddy money. Give him back the money. Then the punishment depends on the severity. Because he owes people money, and there is a mistake in it. But usury

If you don't beat him, it's okay, the police station will release people after 24 hours, and there will be results, if you hit, there will be no time limit of 12 hours, It mainly depends on what your brother said at the police station, if you go in and talk nonsense, then there is no salvation The first recording is very important, if you beat someone, you must ask a lawyer to come into the police station to meet before the police station does not record a total of 6-8 months, and the heaviest is 1 year and 14 months.

A few points. 1. Who is the person who registers the room? 2. There is a certain amount of threats and violence used during illegal detention.

It is difficult to prove that it was not unlawful detention.

Because there were only three of them at the time, there was no evidence in favor of them, and if the judge had sentenced them to illegal detention, they would have nothing to do, because the time was short, only a few hours, and they did not beat or abuse them.

So they should be sentenced to a controlled release at most, and they can come out after the sentence.

Based on what you said, it cannot be considered unlawful detention. Most of them are illegal detentions. Distinguish between ordinary acts of illegal detention and crimes of illegal detention.

Unlawful detention is an offence only if it reaches a sufficiently serious level. Therefore, the nature of the act of illegal detention should be determined based on a comprehensive analysis based on factors such as the severity of the circumstances, the magnitude of the harm, the motive for private or public affairs, and the length of detention. Article 22 of the Regulations on Public Security Administration Penalties provides:

Where the physical liberty of others is unlawfully restricted, but it is not sufficient for criminal punishment, they are to be detained for up to 15 days, fined up to 200 RMB, or given a warning.

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 so-called public place must be a place where any person can enter and exit at will.

Internacined in a public place, with little maneuverability. There is no value to be discussed in practice.

Theoretically, the restriction of public places is less important to human freedom, and the purpose is to demand debts (for cause).

It may be determined that the perpetrator only took the act of restricting the victim's personal liberty to a certain extent in order to demand his own lawful debts, and his conduct did not meet the requirements for criminalization of the crime of illegal detention, and did not constitute a crime.

Of course it's illegal! At the very least, it is also the crime of illegal detention! If it is serious, it will constitute the crime of intentional injury, and civil compensation can be filed incidentally!

You should report the incident to your local police station and let them know the situation! At the same time, you can reflect to the news**, I don't think it will be illegal for no reason! (necessarily for some other illegal purpose).

In broad daylight, there is no national law, and we resolutely support you to protect your legitimate rights and interests! Such people deserve to be punished by law.

1. It does not constitute illegal detention, but constitutes intentional injury. Because their purpose is not to restrict your personal freedom, but to destroy you.

2. Judging from the behavior of the branch secretary's son stabbing you in the abdomen, it at least constitutes the crime of intentional injury, and may even be determined to be the crime of intentional homicide (attempt).

3. They have constituted a joint crime of the crime of intentional injury.

4. This is a public prosecution case, you should prepare the materials for the civil litigation attached to the criminal case.

Exceeding 4 hours constitutes unlawful detention.

Hello! If the other party restricts your freedom of life by means of violence or other means, it is an illegal detention.

Unlawful detention is time-limited and must be held for more than 24 consecutive hours. It doesn't have to be non-violent, such as locking you in the house, which is also a type of unlawful detention.

If there are no coercive measures against you, it can only be called forced retention.

That is, the police or the leader who can control the police does not like you, or you do something that makes him unhappy, and without passing the law, they abuse their power to detain you, and it must be a restriction of personal freedom.

Of course, this is an illegal detention.

The crime of unlawful detention refers to the act of unlawfully depriving others of their physical liberty by means of detention, confinement, or other coercive methods. 2. Interpretation The object of the violation of this crime is the right to bodily liberty of others, including innocent citizens, wrongdoers, persons who have committed ordinary offences and criminal suspects. The method of deprivation of personal liberty can be both tangible and intangible.

Illegal detention for three minutes is a very minor circumstance and is not considered a crime, and a crime requires certain circumstances, which should be grasped by the court on the basis of experience. Seriously injuring a person by a group of people is not the crime of unlawful detention, but the crime of intentional injury.

B's act is an accomplice to intentional injury or intentional homicide. It is not the crime of unlawful detention.

The crime of unlawful detention is for the purpose of unlawful detention. Unlawful detention, regardless of the length of time, constitutes the completion of this crime. The length of time is considered as a sentencing circumstance.

However, if the period of illegal detention is too short, the circumstances are obviously minor, and there is not much harm caused, it should not be treated as a crime. From the following considerations, B constitutes the crime of intentional injury and is an accomplice.

According to this lawyer's legal knowledge and experience in handling cases, illegally restricting the personal freedom of others for three minutes has not violated China's criminal law and has not constituted the crime of illegal detention. Beating another person to the point of serious injury violates the criminal law of our country in accordance with the law and is suspected of the crime of intentional injury. Professional criminal lawyer in Shenzhen.

does not constitute a crime.

The offence of unlawful detention requires that the unlawful deprivation of personal liberty is a continuous act, i.e., the act is in a state of continuation for a certain period of time, causing another person to lose his physical liberty for a certain period of time, without interruption. The length of time does not affect the establishment of the crime of illegal detention, but only the sentencing. However, if the deprivation of personal liberty is too short and instantaneous, it is difficult to establish the crime of unlawful detention.

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.