Sham " pass instead annul " personnel,
4 men make imprison a blame illegally to be sentenced!
The cummer before man general binds a tree to go up the menace that hold a knife is compound
Make imprison a blame illegally to obtain punishment
The girl is insolvent leasehold money is imprisoned by 4 people
Lock another person illegally in order to recover mortgage vehicle for the name
. . . . . .
"Imprison illegally " this word in more and more in all sorts of news caption occurrence. Today, lu Jianjun takes everybody to walk into the world that imprisons illegally with case, understanding imprisons a blame illegally is after all how one and the same. . . . . .
Imprison a blame illegally
Basis " criminal law of People's Republic of China " the 238th regulation, imprisoning a blame illegally is to point to with take into custody, confinement other perhaps and compulsive method, the criminality of freedom of person of illegal privative other. The body freedom that the object that imprisons a blame illegally to encroach is other counterpoises.
Alleged body freedom counterpoises, it is to show the moral quality that does not get illegal interpose to be content with the activity bearing of the body counterpoises, i.e. decides the free right that him body acts according to his volition inside legal limits. The citizen's body is free, it is a citizen the assurance of regular job, production, life and study, lose body freedom, lost the possibility that pursues all normal activities.
Our country " constitution " thirtieth sets 7 times: "The person freedom of citizen of People's Republic of China does not suffer encroach. Any citizens, procuratorate of blame classics people is approved or decide or people court decision, carry out by public security mechanism, do not suffer arrest, prohibit be imprisoned illegally and limitting person freedom of the citizen with other method. " accordingly, imprison the behavior that is freedom of body of a kind of serious privative citizen illegally.
That boxes up the person even if imprison illegally?
Below, we combine case to look
Imprisoning the crime with specific crime illegally to form is what kind of
Case reviewing
Xiaohuang puts Xiaobai of the accused person and the injured party in economic dispute. In January 2017, small Bai Wei of the accused person begs debt, after Xiaohuang of the injured party is blocked on the road, use beat up, procrastinate drag wait for a method to get on small Huang La the car forcibly, take to one rental room inside. Inside rental room when, to force Xiaohuang is opposite Zhang, write a bill signed in acknowledgement of debt, xiaobai of the accused person undertakes beating up to Xiaohuang, minatory, imprison freedom of young yellow person to amount to two days overnight. Classics appraisal, injury affection of Xiaohuang forms slight injury. Xiaobai of person of final the accused is sentenced by the court with imprisoning a blame illegally set term of imprisonment a year.
The crime that imprisons a blame illegally is formed
Basically include the following 4 respects
1 encroach an object
Imprison a blame illegally the object of enroach on, it is any natural people that enjoy person right lawfully. Every has the natural average per capita of civil rights ability to enjoy the civil rights that includes body freedom to counterpoise inside lawfully.
2 external condition
Imprison a blame illegally to go up objectively the behavior that expression is freedom of body of illegal privative other. Wraparound rise cent is two kinds: One kind is the body of direct and cabined person, privative its body activity is free, if bind; Another kind is the body of indirect and cabined person, privative its body activity is free, be about to other is imprisoned at proper place, make its cannot or leave hard apparently, escape.
Freedom of illegal privative person is one kind lasts behavior, namely this behavior is in inside proper time continue condition, make other loses body freedom inside proper time, do not have discontinuity.
The behavior of privative person freedom must be illegal.
Condition of 3 main body
The main body that imprisons a blame illegally can be national staff member already, also can be average citizen.
4 subjective conditions
Imprison a blame illegally to be in subjective side expression intended, it is a purpose with freedom of privative other person. Error is not formed imprison a blame illegally.
Imprison the punishment of the blame illegally
According to criminal law the 238th imprison other illegally to perhaps strip illegally with other method of other person freedom, manage battle of 3 years of the following set term of imprisonments, arrest, control right of privative perhaps politics, have beat up, insult a clue, from heavy punishment.
Blame of the money before making, send a person to be weighed, be in 3 years of above 10 years the following set term of imprisonment; Of the death that send a person, be in set term of imprisonment of 10 years of above. Use force sends a person to disable, of death, according to Benfadi 234, the 232nd regulation convictions punishment.
To ask for debt illegal distrain, lock another person, before according to two regulation is punished.
Jobbery of national office working personnel makes what imprison a blame illegally, from heavy punishment.
Person freedom counterpoises, it is the right that the citizen dominates him body activity according to his volitional freedom, it is a of the citizen basic right, person freedom of the citizen counterpoises, depend on legal provision to be stripped lawfully by the unit ability of legal accredit only its counterpoise freely, divide this beyond, any units and individual all do not get the person freedom of privative citizen to counterpoise.
