Under what circumstances to restrict personal liberty Interference with personal liberty can be char

There is no house arrest in the law, and if a person is illegally deprived of his or her personal liberty, he is suspected of the crime of illegal 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.

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.

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.

State organs can only restrict citizens' personal liberty if they are authorized by law, and all other cases are illegal detentions.

Unlawful detention for more than 24 hours constitutes the crime of unlawful detention.

You can look at the provisions of the criminal code.

Legal Analysis: Restriction of personal liberty refers to the use of detention, confinement or other coercive means to deprive or restrict the freedom of others to control their own physical activities according to their own will.

Legal basis: Article 238 of the Criminal Law of the People's Republic of China: The crime of illegal detention is the act of illegally detaining another person or illegally depriving another person of his or her personal liberty by other means. In determining the crime of unlawful detention, the act of detention must be objectively coercive, i.e., the forced use of the other person against his or her will to be controlled.

It is mainly manifested in the use of coercive means sufficient to deprive oneself of one's liberty, such as kidnapping, detention, confinement, etc.

Article 40 of the Public Security Administration Punishment Law of the People's Republic of China: Anyone who commits any of the following acts is to be detained for between 10 and 15 days and fined between 500 and 1,000 RMB; where the circumstances are more minor, they are to be detained for between 5 and 10 days and fined between 200 and 500 RMB

1) Organizing, coercing, or enticing persons under the age of 16 or persons with disabilities to perform terrorist or cruel performances;

2) Forcing others to work by violence, threats, or other means;

3) Unlawfully restricting the physical liberty of others, illegally trespassing into others' homes, or illegally searching others' bodies.

Legal analysis: The people of provinces, autonomous regions, or municipalities directly under the Central Government authorized by *** may decide on an administrative organ to exercise the administrative punishment power of the relevant administrative organ, but the administrative punishment power restricting personal liberty can only be exercised by the public security organ. The law may set various administrative penalties.

Administrative penalties restricting personal liberty can only be set by law.

Legal basis: Legislation Law of the People's Republic of China

Article 8 The following matters can only be enacted by law:

1) Matters of national sovereignty;

2) The formation, organization, and powers of all levels of people's congresses, people's courts, people's courts, and people's procuratorates;

3) The system of regional ethnic autonomy, the system of special administrative regions, and the system of grassroots mass autonomy;

4) Crimes and punishments;

5) Compulsory measures and punishments for deprivation of civil and political rights or restriction of personal liberty;

6) The establishment of taxes, the determination of tax rates, and the management of tax collection and other basic tax systems;

7) the expropriation and requisition of non-state-owned property;

8) the basic civil system;

9) the basic economic system and the basic systems of finance, customs, finance and foreign trade;

10) Litigation and arbitration systems;

11) Other matters on which laws must be enacted by the National People's Congress and its Standing Committee.

Article 9: Where laws have not yet been enacted on the matters provided for in Article 8 of this Law, the National People's Congress and its Standing Committee have the right to make a decision and authorize them to first formulate administrative regulations on some of these matters based on actual needs, except for matters related to crimes and punishments, compulsory measures and punishments for deprivation of citizens' political rights and restrictions on personal liberty, and the judicial system.

Summary. The main means of restricting personal liberty are detention, confinement, or other coercive means, depriving or restricting the freedom of others to control their own physical activities according to their own will.

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The main means of restricting personal liberty are detention, confinement, or other coercive means, depriving or restricting the freedom of others to control their own physical activities according to their own will.

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Hello dear, glad to answer for you. Restriction of personal liberty: Where the perpetrator employs detention, detention, or other coercive means to deprive or restrict the freedom of others to carry out physical activities according to their own will, it may be viewed as a restriction of physical liberty.

where the restriction of physical liberty does not constitute a crime, the sentence is usually between 10 and 15 days of detention and a concurrent fine of between 500 and 1,000 RMB; where the crime of illegal short-term detention is constituted, the sentence is up to three years imprisonment, short-term detention, controlled release, or deprivation of political rights. Article 238 of the Criminal Law of the People's Republic of China: Whoever illegally detains another person or illegally deprives another person of his 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 assault or insult, 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; If the person causes death, Huichaqiao shall be sentenced to fixed-term imprisonment of not less than 10 years. Where the use of Poly causes occupational disability or death, the provisions of Article 234 of the Criminal Law of the People's Republic of China and Article 232 of the Criminal Law of the People's Republic of China on conviction and punishment shall apply. Where others are illegally detained or seized for the purpose of obligatory rights, punishment is to be given in accordance with the provisions of the preceding two paragraphs.