The Case Analysis Of Unlawful Detention By Deng

On5September2012,the several defendants caught two thieves and tied themtogether. Then the defendants call both the victim’s family to take money to redeem.The victim’s family alarm, so the case happen. After Le Chang city people’s court trial,eventually sentenced to the crime of unlawful detention service to them.In the case of qualitative, the focus of dispute mainly has two points. First, thedefendants asked for the loss of stolen property whether belong to ask for the scope ofdebt. Second, the defendants’ conduct should be to the crime of unlawful detention orthe crime of kidnapping? After analyzing the case to know, the behavior of thedefendants for ransom belong to ask for the loss of the stolen property, by theanalysis, this loss is considered to belong to the category of generalizeddebt.Therefore, the defendants ask for the loss of the stolen property belong to askfor the category of the debt. But due to the debt without sufficient evidence, so itbelongs to illegal debt. That the defendants’ behaviors are to ask for debt, notsubjective intentional of extorting money. Therefore the defendants’ acts don’tconstitute kidnapping. In this case the defendants implemented kidnapping is ask forthe debt, their behaviors belong to the crime of unlawful detention, so they should setthe crime of unlawful detention. Distinguish the crime of unlawful detention for debtand crime of kidnapping for property should considered two aspects. First, todistinguish from the existence of debtor-creditor relationship,the crime of unlawfuldetention for debt based on the debtor-creditor relationship, but the crime ofkidnapping for property has not relevant to debtor-creditor relationship. Second, todistinguish from the constitutive requirements of crime, the object,objective aspect ofthe crime,subjective purpose, subjective vicious and harmful to the society aredifferent,in order to distinguish between the crime of unlawful detention for debt andcrime of kidnapping for property.