Does this count as unlawful detention? What is unlawful detention

Updated on society 2024-04-16
14 answers
  1. Anonymous users2024-02-07

    Unlawful detention, of course!

    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 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.

    Of these, 232 are for intentional homicide and 234 for intentional injury.

  2. Anonymous users2024-02-06

    According to the information you provided, this is enough to constitute illegal detention, because according to the current laws of our country, the definition of illegal detention refers to the illegal detention of another person or the unlawful deprivation of personal liberty of another person by other means. Calling the police directly is the wisest option, don't be afraid, you can ask the police to keep it secret, they are obliged to do so.

  3. Anonymous users2024-02-05

    Counted as unlawful detention.

    The first floor is right.

  4. Anonymous users2024-02-04

    The whole thing is said in detail, including the time and place of the person, to be real, the majority of netizens or help you, I will also do my best, such a thing, only to mobilize the masses of the people, you send it out, I will go to the various big ** to post, to ** this thing!

  5. Anonymous users2024-02-03

    was arranged in a dark room by the unit, and it was definitely acquiesced by the local ** leader or secretly instructed by the local comprehensive management office or political and legal committee. Do you think you can sue for it? Do you know that the current high pressure is so fierce?

    What I'm doing here is a 24-hour follow-up of all the people in the county who have participated or are likely to go to Beijing in the past five years. Every unit and township has people squatting at the station and station, and as soon as there is one, they will take them back to run study classes.

  6. Anonymous users2024-02-02

    The crime of unlawful detention is objectively manifested as an act of unlawfully depriving another person of his or her physical liberty. There are no restrictions on "others" here, they can be law-abiding citizens, people who have committed mistakes or committed ordinary violations, and they can also be criminal suspects.

  7. Anonymous users2024-02-01

    The crime of unlawful detention is objectively manifested as an act of unlawfully depriving another person of his or her physical liberty. There is no restriction on "others ruining the ears" here, and it can be a law-abiding citizen, a person who has committed a mistake or a general illegal act, and can also be a criminal suspect.

  8. Anonymous users2024-01-31

    1.Where the crime of unlawful detention is established, the starting sentence is to be determined within the corresponding range on the basis of the following circumstances:

    1) Where the circumstances of the crime are ordinary, the starting sentence is to be determined within the range of up to one year imprisonment or short-term detention.

    2) Where serious injury is caused to one person, the starting sentence is to be determined within the range of 3 to 5 years imprisonment.

    3) Where the death of one person is caused, the starting point for sentencing is to be determined within the range of 10 to 13 years imprisonment.

    2.On the basis of the starting sentence, the sentence is to be increased on the basis of the number of people illegally detained, the length of detention, the consequences of causing the crime, and other facts of the crime that impact the establishment of the crime, and the base sentence is to be determined.

    Where multiple people are illegally detained multiple times, the number of people illegally detained is to be the fact of increasing the sentence, and the number of times of unlawful detention is to be the sentencing circumstance for adjusting the base sentence.

    3.In any of the following circumstances, increase the base sentence by 10%-20%:

    1) There are circumstances of beating, insulting, and insulting;

    2) Employees of state organs use their authority to illegally detain or detain others.

    4.Where the crime of unlawful detention is established, the application of a suspended sentence is to be determined based on comprehensive consideration of the facts of the crime and sentencing circumstances such as the cause, time, and harmful consequences of the illegal detention, as well as factors such as the defendant's subjective malice, personal dangerousness, and admission of guilt and expressions of remorse.

  9. Anonymous users2024-01-30

    Article 40: Those who commit any of the following acts are 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.

    You can take two police officers to her ex-husband to see what is going on first. But you don't have any means, and the police won't pay attention to you.

  10. Anonymous users2024-01-29

    Call the police early, I'm afraid that your wife will regret it and say that she was not detained.

  11. Anonymous users2024-01-28

    It is difficult for the outside world to intervene in housework, so you can try to call the police to try it.

  12. Anonymous users2024-01-27

    Yes, this is an unlawful detention and you can only report it because you have no direct relationship with her.

  13. Anonymous users2024-01-26

    It depends on whether your wife stays there voluntarily.

    But you can report it and have the police intervene in the investigation.

  14. Anonymous users2024-01-25

    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. 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.

    This kind of thing is very difficult to define, first of all, you have to come up with evidence to prove that you did not restrict his personal freedom, this is the key to characterization, if you have no way to provide evidence, it will be very troublesome, because the judge will be inclined to the victim's side, if you have a voice record or a third person's corroboration, the problem is not big, the landlord should not be careless, the crime of illegal detention is very serious, you must deal with it well.

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