Criminal Law Subjective Question Case Analysis A Crime of Illegal Detention, Intentional Homicide Proposed by Law, Kidnapping Crime Straw Hat Head 2 hours Ago Case 1, Zhou X tied up C, C struggled and scolded Zhou X loudly. Zhou Mou

Criminal Law Subjective Case Study: The crime of unlawful detention, intentional homicide, and kidnapping as the law proposes

Straw hat head

2 hours ago

Case 1: Zhou tied up C, and C struggled and scolded Zhou loudly. Zhou Mou was very angry, and casually picked up a stick to teach C, but unexpectedly there was a nail in front of the stick, and accidentally stabbed C to death.

Did Zhou constitute the crime of unlawful detention and cause death?

Zhou mou does not constitute the crime of illegal detention causing death, and should be formulated as intentional homicide. According to the second sentence of the second paragraph of article 238 of the Criminal Law, whoever causes injury, disability or death by violence shall be convicted and punished in accordance with the provisions of Articles 234 and 232 of this Law. According to the "principle of simultaneous existence of conduct and intent or purpose". The "cause" that leads to serious injury and the result of death cannot be the commission of the crime of unlawful detention, but only an act of violence other than the commission of the crime of unlawful detention, otherwise it constitutes an aggravated crime of "death caused by the crime of unlawful detention". In this case, Zhou used a stick to teach C, not to detain C, but to vent his anger, not to carry out the crime of illegal detention. Moreover, the act of violence is subjectively not intentional, but is a negligent death. According to the second paragraph of Criminal Law 238, it should be construed as intentional homicide.

Case 2: In order to illegally detain and detain B, A vigorously twisted B's arm, causing his arm to break (seriously injure).

Does A constitute non-unlawful or does it constitute the crime of unlawful detention causing serious bodily injury?

A does not constitute the crime of unlawful detention causing serious injury to a person, and does not establish an aggravated offense. According to the theory of criminal law, it is necessary to constitute the crime of illegal detention and cause serious injury to a person, and the result of the establishment is aggravated. Subjectively, negligence in the aggravation result, if intentional, is not the crime of unlawful confinement causing serious injury. In this case, A's act of harm was to detain B, which was also an act of unlawful detention, which was intentional. A one act of harm is committed at the same time as the crime of unlawful confinement and the crime of intentional injury (serious injury), and the imagination is compatible, and the felony is punished.

Case 3: A asks B for illegal debts arising from usurious lending, and B does not repay them. A then illegally detained B's wife, C, and forced B to repay the debt.

Does A constitute the crime of kidnapping?

A does not constitute the crime of kidnapping. A constitutes the crime of unlawful detention and the collection of illegal debts. According to paragraph 3 of article 238 of the Criminal Law, whoever illegally detains or detains another person for the purpose of collecting debts shall be punished in accordance with the provisions of the preceding two paragraphs. Article 293 stipulates that in any of the following circumstances, if the collection of illegal debts arising from usurious lending, etc., if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined or fined alone:

(2) Restricting the personal freedom of others or invading another person's residence

Illegal seizure of another person for the purpose of claiming debts constitutes the crime of unlawful internment, and the debts here also include illegal debts. In this case, A solicited illegal debts and illegally seized C, which at the same time constituted the crime of illegal detention and the crime of collecting illegal debts.

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