Be in our country, encroach person kind crime is divided in criminal law medium it is a platoon in encroach belongings kind before crime, because prep above content counterpoises the human rights of everybody, because this country makes person to invading kind guilty blow strength is the biggest, his huge makes psychology of body of the injured party is affected. Seek the arm of the law today small make up take you to know next relevant law knowledge.
Recently Hunan girl by captivity news of 24 days, tremendous heat was caused to discuss in the society, guilty suspect already was arrested at was being submitted to to approve on March 15. The girl is to was saved to come out, but the psychological harm that after this causes to its is hard beforehand of appraise, and her female friend also needs those who understand this aspect to save oneself method. See Hunan girl today by captivity 24 days, what is understanding what imprison a blame illegally to make important document, what do punishment and bounds have?
One, Hunan girl by captivity 24 days, what is understanding what imprison a blame illegally to make important document
1, encroach an object
Imprison a blame illegally the object of enroach on, it is any natural people that enjoy person right lawfully. Body freedom authority counterpoises as a kind of character, it is the main component that the person that forms one of civil rights systems counterpoises, of civil rights enjoy be based on civil rights ability. Every has the natural average per capita of civil rights ability to enjoy the civil rights that includes body freedom to counterpoise inside lawfully. Civil rights ability is law gifts civil main body undertakes civil activity, enjoy civil rights and the qualification that assume civil obligation, only then at be born, die eventually, civil rights ability of the natural person is uniform and equal. Because this imprisons a blame illegally the object of enroach on, include all natural people (the person that be based on the order of nature namely and is born) , include the innocent citizen, person that make a mistake, person that has general illegal action and guilty suspect namely. A kind of viewpoint thinks, in imprisoning a blame illegally " other " , just point to the person that has the mobile capacity that controls oneself according to oneself volition, the person that includes faculty of potential intended annals activity inside, the person that be like cheeper, drunk wine and the person in sleeping soundly. But the person that should not include to do not have the mobile capacity that controls oneself according to oneself volition completely, be like baby, serious madman.
2, objective important document
Imprison a blame illegally to go up objectively the behavior that expression is freedom of body of illegal privative other.
Here " other " without limitation, can be law-abiding citizen already, also can be to make mistake or the person that have general illegal action, still can be guilty suspect. The diagnostic dispute law of behavior imprisons other to perhaps strip illegally with other method the body of other is free. All should maintain what every accords with this one feature for blame of freedom of illegal privative person, if be arrested illegally, detain, imprisonment, sequestered, kidnap, do enclosed " study class " , " segregation is examined " all be freedom of illegal privative person etc. 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 from music, be about to other is imprisoned at proper place, make its cannot or leave hard apparently, escape. The method of privative person freedom can be corporeal already, also can be aeriform. For example, when bathing the woman change wash the dress to take away, make its are based on ashamed heart to cannot walk out of the behavior of the bathroom, it is aeriform method. In addition, no matter be,lock another person with violent, threatening method, still lock another person with fraudulent means, all do not affect what imprison a blame illegally to hold water.
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 accident that time lasts does not affect what imprison a blame illegally to hold water, affect measurement of penalty only. But the behavior of the privative person freedom that time passes sex of short, instant, maintain hard hold water to imprison a blame illegally.
The behavior of privative person freedom must be illegal. The judiciary sets according to law, detain to the person of guilty fact and great suspicion is adopted, the behavior that arrests the coercive measures that waits for limitative person freedom, do not hold water to imprison a blame illegally. But when discovery should be not arrested, find an excuse does not grant to release, continue to detain, should consider as illegal privative person freedom. To what be being detected in time after execute crime or committing a crime, of on record of order circularly the arrest of a criminal at large, escape from prison escapes, the person that is being chased, masses twists those who send to the judiciary lawfully, it is a kind of right, is not freedom of illegal privative person. Accept a madman lawfully, also not be the behavior of freedom of illegal privative person.
3, main body important document
The main body that imprisons a blame illegally can be national staff member already, also can be average citizen. From the point of the case that produces actually, it is the national staff member that masters certain powers and authorities of office or cadre of basic level country more. Additional, the personnel that this kind of case often involves is more. Have a plenty of what discuss a decision via caucus collective; Have a plenty of what agree via ranking leader or acquiesce; Have a plenty of immediate plan, directorial, have a plenty of start work bind, act under orders guarder. Accordingly, want to notice when processing, ought to investigate criminal duty lawfully, it is among them direct responsibility only person with the personnel that stems from circumvent, retaliation and other and mean motive. Should execute distinction to treat to other personnel, do not investigate criminal duty commonly.
4, subjective important document
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. The motive that locks another person illegally is varied. Some is differred because of legal viewpoint, imprison illegally regard legal action as; Some stems from retaliation of vent one's anger, blow persecutes; Have a plenty of not investigation and study, subjective and arbitrary, force take a statement made by the accused under examination; Have a plenty of be troubled by prerogative, show one's authority; Have a plenty of misuse of authority, with situation pressing person; Also have a plenty of wicked, pursue additionally somewhat. No matter stem from what motive, want to have the objective of freedom of person of illegal privative other only, carried out intentionally lock another person illegally, form namely imprison a blame illegally, if freedom of body of illegal privative other is for other crime purpose, other crime is more serious than imprisoning a blame illegally to punish, should with other crime punish.
2, what is the punishment that imprisons a blame illegally
According to criminal law the 238th the 1st paragraph, the 2nd regulation, make what imprison a blame illegally, 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. Make what imprison a blame illegally to 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. Jobbery of national office working personnel makes what imprison a blame illegally, from heavy punishment.
Alleged have beat up, contemptuous clue, it is to point to be imprisoned illegally to execute and insult in imprisoning a process. As imprison a blame illegally of severe case beat up, whether does affront include to beat up, the case that insults behavior to make crime independently, ought to include flesh wound blame and contemptuous crime inside, but the intended harm crime that should not include to weigh harm inside, cause serious injury to error, should applicable and illegal the legal punishment that the aggravating result that imprisons a blame makes; Cause serious injury intentionally, answer basis this the 2nd change make a provision, with harming a blame intentionally punish.
Alleged " send a person to be weighed " , " the death that send a person " it is to show error sends a person to weigh the injury, death that send a person merely, and do not include to be with flesh wound intended and the state that crosses lost territory to cause serious injury inside, because this is planted,case still hurts the category of the blame to be weighed intentionally.
Alleged to ask for debt illegal distrain, lock another person, those who point to is to be the condition that demands legal liability. Criminal law the 238th the 3rd specific provision, "To ask for debt illegal distrain, lock another person " , according to imprisons the formulary punishment of the blame illegally. And if be behavior person to ask for illegal property distrain, lock another person, according to judicatory the explanation still imprisons a blame illegally surely
Behavior person does not accept the liability that law protects to ask for usurious, a debt of honour to wait, illegal distrain, lock another person, according to criminal law the 238th regulation convictions punishment.
Staff member jobbery makes national office imprison a blame illegally from heavy punishment, be confined to " jobbery " case; Do not have jobbery, must not from heavy punishment. Additional, ought to notice, behavior person is imprisoned illegally have many from heavy punishment clue, should be in more go up substantially from heavy punishment. For instance jobbery of national office working personnel is imprisoned illegally, have again beat up, insult a clue, attribute this kind of situation.
The behavior object that imprisons a blame illegally must be the natural person that has spatial shift freedom. Because the person's act gets consciousness to control, so body activity freedom is the freedom of meaning activity, of condition of this kind of free fact, and do not be in with actor jural a responsible ability and in the limit of of legal action competence. Change the meaning that its keep a place to decide capacity as to the lack such as patient of spirit of baby, height, do not have action freedom completely, cannot become the behavior target that imprisons a blame illegally. Have the aid of at crutch can the mover, cheeper that can move alone, can become the enroach on target that imprisons a blame illegally.
" criminal law " the 238th [imprison a blame illegally] 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 [intended harm blame] , the 232nd [intended homicide] the regulation convictions punishment.
To ask for debt illegal distrain, lock another person, before according to two regulation is punished.
Of before jobbery of national office working personnel makes 3 blames, before according to 3 regulation from heavy punishment.
" the debt that top people court does not grant to protect about asking for law to be imprisons other behavior illegally how to conviction the explanation of the problem " on July 13, 2000
Behavior person does not accept the liability that law protects to ask for usurious, a debt of honour to wait, illegal distrain, lock another person, according to criminal law the 238th regulation convictions punishment.
Imprison a blame illegally to have the following two features: Was to carry out the behavior that locks another person above all, be this kind imprisons behavior dispute law next. The method that imprisons behavior is varied, if bind, lock up, detain etc, the person that is compelling privative other people character actually is free. Be in our country, to arresting, detain have strict legal regulation, the program that must set according to law by special office undertakes. Basis " constitution " and " criminal procedural law " wait for legal provision, person freedom of the citizen does not suffer encroach any; citizens to be not classics people procuratorate approval perhaps decides or people court decides, carry out by public security mechanism, do not suffer arrest; to detain can decide by procuratorate of public security mechanism, people only, carry out by public security mechanism. Accordingly, the program that any mechanism, organization, enterprise, institution and individual not comply to set or not comply to set according to law according to law locks another person is illegal. To infringe person, ought to penalize lawfully. According to " criminal procedural law " the regulation that reachs concerned law, the citizen commits a crime to be being executed or guilty hind is detected in time, of on record of order circularly the arrest of a criminal at large, escape from prison escapes, the person that is being chased has authority to be twisted instantly send a judiciary. This kind twists see sb off to be, include what carry out during transit to bind, detain wait for behavior, cannot think dispute law imprisons behavior. Form imprisoning a blame illegally must be the behavior that carries out intentionally.
According to the regulation of criminal law, to imprisoning the punishment of the blame illegally cent is the following kinds of circumstances:
1. imprisons 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. "Beat up, affront " , basically be to point to in the process that imprisons illegally, carried out to the injured party beat up, contemptuous behavior, if beat and scold, publicly expose of parade sb through the streets.
2. imprisons other illegally to perhaps strip illegally with other method other person is free, send a person to be weighed, be in 3 years of above 10 years; of the following set term of imprisonment sends a person to die, be in set term of imprisonment of 10 years of above. "Send a person to be weighed " , it is to point to in imprisoning a process illegally, because had bound close, long-term captivity, during making mistreating waiting causing health of body of be murdered person to be in by the; the injured party of great harm be imprisoned illegally, can't bear bearing, self-wounding from incomplete, healthy get of great harm. "The death that send a person " , it is to point to in imprisoning a process illegally, because had been bound close, block Pull in your ears! up to bring about with the thing asphyxial wait for those who cause death of the injured party, and the injured party is in what during be being imprisoned illegally, the suicide dies.
If 3. is in imprison other illegally to perhaps strip illegally with other method in the process of other person freedom, use force sends a person to disable, of death, according to intended harm blame or the regulation of homicide convictions punishment. "Use force sends a person to disable, death " , it is to point to in imprison illegally while, use force intentionally to damage the healthy killing perhaps the injured party of the injured party, cause the injured party to disable, of death.
Jobbery of working personnel of 4. state office makes what imprison a blame illegally, ought to from heavy punishment.
The illegal to providing promising to ask for debt distrain, behavior that locks another person, also want according to imprison a blame illegally to punish. "To ask for debt illegal distrain, lock another person " , it is to point to fulfill legal liability for threatening other, and arrest another person illegally, privative the behavior of its person freedom. Although this kind of behavior is in on the feature with general imprison illegally different, its purpose does not depend on the person freedom of privative other, it is a method with freedom of privative other person however, come threatening other fulfills debt. But the enroach on that goes up objectively to had created freedom of person of didymous the injured party, also ought to according to imprison a blame illegally to handle. If jobbery of national office working personnel, to ask for debt illegal distrain, those who lock another person, criterion ought to from heavy punishment.
3, what is the bounds that imprisons a blame illegally
1, with violate arrestment limit
Both distinction basically depends on breaking the law detain, arresting is to disobey detain, the behavior that arrests code, it is judicatory personnel commonly in according to legal powers and authorities of office is mixed circumstance decision of the condition, approval, carry out when arresting, lawbreaking regulation concerns program, formalities and time limit about, do not have the motive that imprisons illegally and objective. Be like: General overtime is restricted to capture, batch catch; Deal with not in time, show detain, warrant for arrest; Did not inform guilty suspect of in time family member or unit lawfully; Did not deal with delay formalities first and exceed period detain person makes etc, do not form imprison a blame illegally. Because all sorts of objective elements cause what wrong arrest, fault catchs, also do not make crime.
2, the bounds with staking blame
Imprisoning a blame illegally is to pass the kind that limits person freedom to confine the person inside a fixed area to make its cannot loose-jointed; Staking blame is with detinue other property is a purpose, adopt violent restriction other person is free, in order to ask for gold; Also can behave serve as hostage for staking other, in order to satisfy a few illegal requirements that the individual raises (not be graph money certainly) .
Be imprisoned illegally and kidnap the main body of the blame is general main body; Imprison illegally subjective be it is a purpose in order to limit other person freedom, staking is subjective be in order to pass freedom of limitative other person in order to get gold or achieve other goal; Imprison a blame illegally objective it is limitative person freedom, staking is to restrict person to be mixed freely obtain money; Lock the person right that encroachment object is a citizen illegally; The object that staking blame encroachs is person right of the citizen and property right.
