Is it illegal to search a body? What are the laws and penalties for unlawful body searches?

It is an offence to conduct a body search without permission and may be suspected of the crime of unlawful search.

Legal analysisIllegal search of the ancient city without permission. The crime of illegal search refers to the act of searching another person's body or home in violation of the law. According to the relevant laws and regulations, it is a crime of infringing on citizens' personal rights and democratic rights.

The main characteristics of this crime are: (1) Subjectively intentional, that is, intentionally doing it knowing that the unauthorized search is illegal. The motive or purpose of the perpetrator does not affect the establishment of this crime.

2) Objectively carrying out an illegal search of another person's body or home. In China, except for public security, security, and procuratorial organs, which may conduct searches of the bodies and residences of criminals or suspects with search warrants in accordance with the law, no other organ or individual has the right to conduct searches. Investigators conducting a search in violation of the provisions of the law, and the circumstances are serious, also constitute this crime.

The object of the offence is the right to privacy of others. The so-called right to privacy refers to the personality rights enjoyed by natural persons to have their homes and personal lives not disturbed, and personal information and personal affairs unrelated to society not to be improperly disclosed as content, including the right to control personal information, the right to freedom of personal life, and the right to possess the private sphere. The so-called search refers to search and inspection, which includes both searches of others' bodies, such as groping, excavation, etc., and searches of others' homes, such as searches, searches, inspections, excavations, etc.

The subject of this crime is the general subject. This offence can be committed by any natural person who has reached the age of criminal responsibility and has the capacity for criminal responsibility, regardless of whether he or she is an investigator with the power to search. It is also believed that this crime is a special subject, that is, investigators with the right to search.

Legal basisCriminal Law of the People's Republic of China》 Article 245 Whoever illegally searches another person's body or residence, or illegally trespasses into another person's residence, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention. Where judicial personnel abuse their authority and commit the crimes described in the preceding paragraph, they are to be given a heavier punishment.

Only when the procuratorate of the public security organ presents a search warrant can the person and property be searched, otherwise it is completely illegal, and no matter who it is, it is also illegal to search the body without a search warrant.

Article 37 of the Constitution: 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 is enforced by the public security organs.

It is forbidden to illegally detain or otherwise unlawfully deprive or restrict a citizen's personal liberty, and to illegally search a citizen's body.

An unlawful body search is punishable by up to three years in prison or criminal detention.

Illegal body searches infringe on the right to personal liberty and are constituted by liability for infringement of privacy rights or privacy interests, and must meet the general elements of tort liability, that is, there must be four elements of illegal conduct, facts of harm, causal relationship, and subjective fault.

In addition, the perpetrator of the infringement of the right to privacy must be subjectively at fault. The applicable principle of attribution is the principle of fault liability, and the principle of no-fault liability and the principle of equitable responsibility do not apply.

Natural persons enjoy the right to privacy, and no organization or individual may infringe upon the privacy rights of others by means such as espionage, intrusion, leakage, or disclosure.

Article 245 of the Criminal Law of the People's Republic of China [Crime of Illegal Search] [Crime of Illegal Invasion of Residence] Whoever illegally searches the body or residence of another person, or illegally trespasses into another person's residence, is sentenced to fixed-term imprisonment of not more than three years or short-term detention.

Where judicial personnel abuse their authority and commit the crimes described in the preceding paragraph, they are to be given a heavier punishment.

Article 110 of the Civil Code of the People's Republic of China: Natural persons enjoy rights such as the right to life, the right to body, the right to health, the right to name, the right to portrait, the right to reputation, the right to honor, the right to privacy, and the right to marital autonomy.

Legal persons and unincorporated organizations enjoy the right to name, reputation and honor.

Article 1032: Natural persons enjoy the right to privacy. The privacy rights of others must not be infringed upon by any organization or individual by means such as espionage, invasion, leakage, or disclosure.

Privacy refers to the tranquility of a natural person's private life and the private space, private activities, and private information that he or she does not want others to know.

1) Intruding on the tranquility of others' private lives by means such as **, text messages, instant messengers, e-mails, leaflets, etc.;

2) Entering, photographing, or peeping into other people's residences, hotel rooms, or other private spaces;

3) Photographing, peeping, eavesdropping, or disclosing the private activities of others;

4) Photographing or peeping at the intimate parts of another person's body;

5) Handling the private information of others;

6) Infringing on the privacy rights of others in other ways.

Article 1039: State organs, legally-designated bodies undertaking administrative functions, and their staffs shall keep confidential the private and personal information of natural persons that they learn of in the course of performing their duties, and must not disclose or illegally provide it to others.

1. Where they are illegally searched by others, and the circumstances are serious, they may be charged with the crime of illegal search. The crime of illegal search (Article 245 of the Criminal Law) refers to the act of illegally searching another person's body or home. China's Criminal Law stipulates that anyone who illegally searches another person's body or home shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Judicial personnel who abuse their authority and illegally search the bodies or homes of others are to be given a heavier punishment. 2. If the person is illegally searched by another person, and the circumstances are minor, it is a violation of the Public Security Administration Punishment Law, and the police may be called to request that the public security organs investigate the legal responsibility of the offender in accordance with the law. Article 40 of China's "Public Security Administration Punishment Law" Whoever 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.

In addition to the public security organs, there must also be a search warrant, an arrest warrant, and the ability to search the body, other people do not have any right to search the body of others, no matter what they suspect, or what they check, this is a violation of personal rights, if they suspect others of stealing things and forcibly search their bodies, it is even more insulting to the right of reputation of others.

Compensation for unlawful searches is compensation for the damage caused to the victim by the criminal act. At the same time, the act is suspected of the crime of illegal search, and the law stipulates that anyone who illegally searches another person's body or residence, or illegally trespasses into another person's residence, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Legal basisArticle 14 of the Criminal Law of the People's Republic of China.

Intentional crimes are committed when one clearly knows that one's conduct will have a result that is harmful to society, and hopes or allows such a result to occur, thus constituting a crime.

Those who commit intentional crimes shall bear criminal responsibility.

Article 245.

Whoever illegally searches another person's body or home, or illegally trespasses into another person's home, is to be sentenced to up to three years imprisonment or short-term detention.

Where judicial personnel abuse their authority and commit the crimes described in the preceding paragraph, they are to be given a heavier punishment.

Doxing may constitute an illegal online "doxing" that is currently prevalent, and it will also cause infringement. The law states that "those who infringe on civil rights shall be liable for infringement of the rights of the drafts in accordance with this law", while civil rights and interests include rights such as the right to reputation, the right to honor and honor, the right to portraiture and the right to privacy.

No organization, individual, or state functionary may arbitrarily search a citizen, which is a violation of a citizen's right to freedom of life, the most basic right of a citizen, and a necessary condition for citizens to enjoy other rights. The law prohibits searches of citizens' bodies, and if law enforcement officers are going to search citizens in criminal cases, they should also present relevant evidence, such as search warrants and the like.

It depends on the circumstances, if the police officer handles the case in accordance with the law, it is not illegal.

Such circumstances are relatively minor, are illegal, and do not constitute a crime.