Original text on Weibo: [A woman in Quanzhou entered a store to steal two pieces of bread and was tied to a pole for public display] Southeast Morning Post: On the morning of the 4th, a woman was caught by the shopkeeper on the spot when she stole two pieces of bread on Zhongshan Middle Road, Anhai Town, Jinjiang. In order to warn her and prevent her from committing crimes again, the owner, Mr. Lin, tied the thief to a telephone pole and hung a cardboard with “I am a thief” on his chest.
1
crime of illegal detention, refers to the act of illegally depriving others of their personal freedom by detention, confinement or other coercive methods.
insult, refers to the use of violence or other methods to openly demean the personality of others, damage the reputation of others, and the circumstances are serious.
Article 238: Whoever illegally detains others or deprives others of their personal freedom by other means shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, public surveillance or deprivation of political rights. If there are circumstances of beating or humiliating, a heavier punishment shall be given. Whoever commits the crime mentioned in the preceding paragraph and causes serious injury shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; and whoever causes death shall be sentenced to fixed-term imprisonment of not less than ten years. Whoever uses violence to cause injury, disability or death shall be convicted and punished in accordance with the provisions of Articles 234 and 232 of this Law. Whoever illegally seizes or detains others for the purpose of extorting debts shall be punished in accordance with the provisions of the preceding two paragraphs. State organ functionaries who commit crimes in the preceding three paragraphs by taking advantage of their powers shall be given heavier punishments in accordance with the provisions of the preceding three paragraphs.
Article 246 Whoever publicly insults others or fabricates facts to slander others by violence or other means, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, surveillance or deprivation of political rights. The crimes mentioned in the preceding paragraph shall only be dealt with upon complaint, except for cases that seriously endanger social order and national interests.
2
The Supreme People’s Procuratorate’s “Regulations on the Standards of the People’s Procuratorate for Directly Accepting Cases for Filing and Investigating Cases (Trial)” clearly stipulates that the crime of illegal detention must exceed 24 hours. The case should also be filed, that is, “illegally detaining others for more than 24 hours” and “illegally detaining others and performing acts of binding, beating, insulting, etc.” are objective behavioral manifestations of the crime of illegal detention, and there is no time limit for illegal detention in the latter case.
3
No matter what the motive is, as long as there is the purpose of illegally depriving others of their personal liberty, and the purpose of illegally detaining others is intentional, it constitutes the crime of illegal detention. If the illegal deprivation of personal freedom is for other criminal purposes, the punishment for other crimes is heavier than the crime of illegal detention. should be punished as other crimes.
4
Illegal detention for more than 24 hours has insulting circumstances, and insulting behavior constitutes a crime. This situation should belong to several crimes, and should be punished as the crime of illegal detention and the crime of insulting (or the crime of compulsively insulting women).
5
In the crime of illegal detention, the provisions on “heavy punishment if there are circumstances of beating or insulting” should not include the situation that illegal detention and insulting behaviors constitute crimes at the same time.
6
Deprivation of liberty must be unlawful. According to the law, the judiciary does not constitute the crime of illegal detention for persons with criminal facts and major suspicions who take compulsory measures such as detention and arrest to restrict personal freedom. However, if it is found that the arrest should not be made, and the person is not released with excuses and continues to be detained, it should be considered as illegal deprivation of personal liberty. For those who are committing crimes or are discovered in time after committing crimes, those who are wanted, those who have escaped from prison, or those who are being hunted down, it is a right, not illegal deprivation of personal freedom. Accepting mentally ill patients according to law is not an act of illegal deprivation of personal liberty.
7
The illegal detention did not exceed 24 hours, and there were insulting circumstances, and the insulting behavior constituted a crime. Since the constituent element of the crime of insult has the element of “openness”, and illegal detention is generally carried out in a secret state, the “crime of insult” in this case should be the crime of compulsively insulting women against women. Of course, if there are multiple people committing a crime together or multiple victims, it can also be considered as “open”, then “insulting behavior constitutes a crime” may also refer to constituting the crime of insulting. In the case of the crime of insult, according to the judicial interpretation, it must also constitute the crime of illegal detention. This kind of situation belongs to the overlapping of laws and regulations. According to the principle of special law priority of overlapping and overlapping laws and regulations, in this case, illegal detention should be established. crime. When the crime of compulsively insulting women is constituted, a concurrent criminal offense shall also be established. If the illegal detention does not have other aggravating or transforming circumstances, the crime of compulsively insulting women is a felony. “principle, the crime of compulsively insulting women.
8
The illegal detention did not exceed 24 hours, and there were insulting circumstances, and the insulting behavior did not constitute a crime. Whether this situation constitutes a crime needs to be judged in light of the specific circumstances of the case.