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Anonymous users2024-02-07There is no time limit for unlawful detention, and the crime can be committed for several hours, and the academic interpretation is generally more than 6 hours, and the legal interpretation is not clearly specified.
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Anonymous users2024-02-06I am a lawyer, and as far as you mentioned, 24 hours, there is no such restriction if there is a beating or insulting circumstance.
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Anonymous users2024-02-05Legal Analysis] The difference between the crime of unlawful restriction of personal liberty and the crime of unlawful detention is mainly as follows: 1. The difference between the two is actually a matter of degree. The offence of unlawful detention is more severe and already constitutes a crime and is subject to criminal penalties.
The restriction of personal liberty by the law is relatively minor, and it is not a crime, and may only involve public security penalties and civil compensation. 2. Illegal restriction of the personal freedom of others refers to the act of violating the provisions of the law and using various methods and means to restrict the personal freedom of others, and if the circumstances are relatively minor, it will not be sufficient for criminal punishment. 3. Personal freedom is one of the most basic rights of citizens.
Personal liberty in the narrow sense refers only to the inviolability of the physical freedom of citizens, that is, the right of citizens not to be unlawfully restricted, imprisoned, arrested or detained. Personal freedom in a broad sense also includes the personal dignity that is closely related to the person, the inviolability of citizens' homes from being invaded, and the freedom and privacy of citizens' correspondence are protected by law.
Legal basis] Criminal Law of the People's Republic of China Article 238 Whoever illegally detains another person or illegally deprives another person of his or her personal liberty by other means is to 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. 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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Anonymous users2024-02-04The difference between the two is really a matter of degree. The offence of unlawful detention is more severe and already constitutes a crime punishable by criminal penalties. However, the illegal restriction of personal freedom is less serious and is not a crime, and may only involve public security penalties and civil compensation.
Illegal restriction of the personal freedom of others refers to the use of various methods and means to restrict the personal freedom of others in violation of the provisions of the law, and if the circumstances are relatively minor, it will not be sufficient for criminal punishment.
According to article 238 of the Criminal Law of the People's Republic of China, the crime of illegal 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 offence of unlawful detention is the right to bodily liberty of others.
Personal liberty is one of the most basic rights of citizens. Personal freedom in the narrow sense refers only to the inviolability of the physical freedom of citizens, that is, citizens enjoy the right not to be restricted, imprisoned, arrested or detained by illegal lawyers. The human body in a broad sense.
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