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Unlawful detention.
Article 238:Unlawfully detaining others or illegally stripping others by other means.
and where the personal liberty of others is deprived, a sentence of up to three years imprisonment, short-term detention, or controlled release is to be given.
deprived 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 and causes serious injury to another person shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Punishment; and where death is caused, the sentence is to be 10 or more years imprisonment. Use of violence to cause injury.
In the case of disability or death, articles 234 and 232 of this Law are to be followed.
provisions on conviction and punishment.
Where others are illegally seized or detained for the purpose of collecting debts, the provisions of the preceding two paragraphs are to be followed.
Penalties are imposed. Where employees of state organs abuse their authority to commit the crimes in the preceding three paragraphs, follow the preceding three paragraphs.
The provisions of this paragraph impose heavier penalties.
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You should be suspected of unlawful detention, but you are not the principal offender and did not instruct them to commit this violation, but you did not stop and report the situation to the relevant authorities after discovering this situation, so you are also suspected of knowingly failing to report it, and you should be fined and warned or detained. As for your wife, it depends on what reason they detained her, and it is legal to detain her mobile phone! The money he owes you will still be paid back!
Hope mine helps you!
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An accomplice who may constitute unlawful detention. It shouldn't make sense for the police station to detain your wife, at this time you can ask your friend to help you hire a lawyer, it's best to get out on bail first!!
Illegal detention may generally be up to 3 years in prison, but depending on the determination of your case, from the above, if the relationship is handled well, it may be criminal detention or probation.
Your mistake is that you know that your friend has committed a crime, and you don't call the police, but get involved!
Hurry up and deal with it!! Straightening out the relationship can also shift the blame to your friend, so that there is also the possibility of avoiding punishment!!
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It should constitute the crime of unlawful detention.
If the police station believes that the mobile phone is evidence of a crime, it can be detained, but only with the receipt.
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What the law stipulates is that a person who violates the Criminal Law and is convicted and sentenced by a court is subject to criminal punishment. Article 3 of the Criminal Law: Where the criminal law clearly stipulates that it is a criminal act, the sentence shall be in accordance with the law; Where the law does not expressly provide for criminal conduct, it must not be convicted and sentenced. Article 32: Principal Punishment and Supplementary Punishment Punishment is divided into principal punishment and supplementary punishment.
Article 33: Types of Principal Punishments: The types of principal punishments are as follows: (1) Control; (2) Detention ; 3) Fixed-term imprisonment; 4) Life imprisonment; (v) The death penalty. Article 34: Types of Supplementary PunishmentsThe types of supplementary punishments are as follows:
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1. The punishment for the suspension of the crime shall be: where no harm has been caused, punishment shall be waived, and where harm is caused, the punishment shall be commuted, and in the course of the crime, the crime shall be suspended if the crime is automatically discarded or the crime is automatically and effectively prevented. 2. Legal basis; Article 22 of the Criminal Law provides that where tools are prepared and conditions are created for the purpose of committing a crime, it is a preparation for a crime, and the preparatory offender may be given a mitigated punishment, commuted punishment, or waived punishment by comparison with the completed offense.
Article 23 of the Criminal Law of the People's Republic of China has already begun to commit a crime, and it is an attempt to commit a crime if it is not succeeded due to reasons other than the will of the criminal. For attempted offenders, the punishment may be mitigated or commuted by comparison with the completed offenses. Article 24 of the Criminal Law of the People's Republic of China: In the course of committing a crime, the crime is suspended if the crime is voluntarily abandoned or the outcome of the crime is automatically and effectively prevented.
Where the offense is suspended and no harm is caused, punishment shall be waived; where harm is caused, punishment shall be commuted.
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Legal analysis: The Criminal Law of the People's Republic of China adopts a two-penalty system for the vast majority of punishments for crimes committed by units, that is, the punishment of fines and nullifications for units, and the punishment of liberty or fines and confiscation of property for the directly responsible managers and other directly responsible personnel. Legal basis:
Criminal Law of the People's Republic of China" Article 200: Where a unit commits the crimes provided for in Articles 194 and 195 of this section, the unit shall be fined, and the directly responsible managers and other directly responsible personnel shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention, and may be fined concurrently; where the amount is huge or there are other serious circumstances, a sentence of up to 5 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine.
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