What is the sentencing procedure for the crime of unlawful detention?

Article 238: [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 the provisions of article 234 [Intentional Injury] and Article 232 [Intentional Homicide] 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.

Interpretation of the Supreme People's Court on the Question of How to Convict the Illegal Detention of Others for the Purpose of Demanding Debts Not Protected by Law", 13 July 2000.

Where the perpetrator illegally seizes or detains others for the purpose of soliciting usury, gambling debts, or other debts that are not protected by law, it is to be convicted and punished in accordance with article 238 of the Criminal Law.

Article 238 of the Criminal Law of the People's Republic of China stipulates that anyone who 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 beating or insulting, a heavier punishment is to be given. If, as a result of illegal detention, serious injury is caused, the sentence shall be 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.

The offence of unlawful detention is subject to the following sentencing procedures:

1. File a case. When public security, judicial organs and other administrative law enforcement organs find that a crime has occurred and it is necessary to pursue criminal responsibility, they shall file a case;

2. Investigation. Procuratorates, public security and other organs conduct investigations into cases of illegal detention;

3. Review and prosecute. People's procuratorates decide whether to prosecute criminal suspects, not to prosecute, or to withdraw cases;

4. Trial stage;

5. Execution. Legal basis

Article 112 of the Criminal Procedure Law.

People's courts, people's procuratorates, or public security organs shall promptly conduct a review of materials for reporting, accusations, reports, and voluntary surrender in accordance with the scope of their jurisdiction, and when they find that there are facts of a crime that require criminal responsibility, they shall file a case; When it is found that there are no facts of the crime, or the facts of the crime are obviously minor, and it is not necessary to pursue the criminal responsibility of the friend, the case shall not be filed, and the accuser shall be notified of the reason for the good group tour not to file the case.

Article 200. After the defendant's final statement, the presiding judge announced an adjournment, and the collegial panel deliberated and made the following judgments on the basis of the ascertained facts, evidence, and relevant legal provisions:

1. Where the facts of the case are clear, the evidence is credible and sufficient, and the defendant is found guilty in accordance with law, a guilty verdict shall be made;

3) Where the evidence is insufficient and the defendant cannot be found guilty, a not-guilty verdict shall be made that the evidence is insufficient and the alleged crime cannot be established.

Legal Analysis: Sentencing Procedures for the Crime of Legal Custody: 1. File a case.

When public security, judicial organs and other administrative law enforcement organs find that a crime has occurred and it is necessary to pursue criminal responsibility, they shall file a case; 2. Investigation. Procuratorates, public security and other organs are to conduct investigations into cases of illegal detention that are late in being dissolved; 3. Review and prosecute. People's procuratorates decide whether to prosecute criminal suspects, not to prosecute, or to withdraw cases; 4. Trial stage; 5. Execution.

Legal basis: Article 112 of the Criminal Procedure Law of the People's Republic of China: People's courts, people's procuratorates, or public security organs shall promptly conduct a review of materials on reports, accusations, reports, and voluntary surrender in accordance with the scope of their jurisdiction, and shall file a case when they find that there are facts of a crime that need to be pursued for criminal responsibility; When it is found that there are no facts of a crime, or that the facts of the crime are obviously minor, and it is not necessary to pursue criminal responsibility, the case is not to be filed, and the accuser is to be notified of the reasons for not filing the case. If the accuser is not satisfied, he may apply for reconsideration.

In order to understand how illegal detention is sentenced, it is first necessary to understand what illegal detention is and the criteria for determining it.

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.

Those who commit the crime of illegal detention are to be sentenced to up to 3 years imprisonment, short-term detention, controlled release, or deprivation of political rights, and where there are circumstances of beating or insulting, they are to be given a heavier punishment; Whoever commits the crime of illegal detention and causes serious injury to another person is to be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years; and where death is caused, the sentence is to be fixed-term imprisonment of not less than 10 years.

Where employees of state organs abuse their authority to commit the crime of illegal detention, they are to be given a heavier punishment.

It should be noted that for the determination of the crime of illegal detention, special attention should be paid to the impact of the time of detention on the crime and non-crime. Although the Criminal Law does not impose a limit on the length of time for the establishment of this crime, it should generally not be punished as a crime if the detention is only for 10 minutes or even a few minutes. This is also in line with the Criminal Law's definition of a crime, where the circumstances are obviously minor and the harm is not great, it is not considered a crime.

How to sentence others for illegal detention and **.

Illegal detention caused Fu Li Jian and others** to be dealt with separately according to different circumstances:

1) The circumstances of unlawful detention resulting in serious injury or death as provided for in paragraph 2 of Article 238 of the Criminal Code are actually aggravated consequences of the crime of unlawful detention. Theoretically speaking, in the case of paragraph 2, the perpetrator's ** to the victim was caused by negligence, so it is an aggravated offense, and the nature of the act has not changed, and the crime of illegal detention is still convicted.

2) Paragraph 3 of this article stipulates that anyone who uses violence to cause disability or death shall be punished as the crime of intentional injury or intentional homicide, and shall be regarded as a converted offender. Because the perpetrator objectively adopted violent methods, and subjectively had an understanding of the result and an intentional state of mind, it met the constitutive elements of the crimes of intentional injury and intentional homicide, thus being transformed into the crime, and the nature of the act also changed.