Latest regulations on the crime of illegal arrest or detention
(Baonghean.vn) - My cousin borrowed money from a sister, and after 1 month of not paying the debt, she was arrested by her sister's people to collect the debt. What is the criminal penalty for illegally detaining someone to collect a debt? Question from Nguyen Hong Quang (Thai Hoa town).
Reply:
Illegal arrest and detention is the act of preventing or depriving another person of their freedom of physical movement in violation of the provisions of law.
Pursuant to Article 157 of the 2015 Penal Code, amended by Clause 30, Article 1 of the Law amending the 2017 Penal Code, the crime of illegal arrest, detention or imprisonment is stipulated as follows:
1. Anyone who illegally arrests, detains or imprisons another person, if not in the cases specified in Article 153 and Article 377 of this Code, shall be subject to non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years.
2. Committing a crime in one of the following cases shall be punishable by imprisonment from 02 years to 07 years:
a) Organized;
b) Abusing position and power;
c) For people performing official duties;
d) Committing the crime 2 times or more;
d) For 02 people or more;
e) For people under 18 years old, women known to be pregnant, the elderly or people unable to defend themselves;
g) Causing the arrested, detained, imprisoned person or their family to fall into particularly difficult economic circumstances;
h) Causing injury, damage to health or mental and behavioral disorders to the arrested, detained or imprisoned person with a body injury rate of 31% to 60%.
3. Committing a crime in one of the following cases shall be punishable by imprisonment from 05 years to 12 years:
a) Causing the arrestee, detainee, or prisoner to die or commit suicide;
b) Torture, cruel, inhuman or degrading treatment or punishment of arrested, detained or imprisoned persons;
c) Causing injury, damage to health or mental and behavioral disorders to the arrested, detained or imprisoned person with a body injury rate of 61% or more.
4. The offender may also be banned from holding certain positions from 01 to 05 years.
Thus, for the act of illegally detaining a debtor, the offender can be imprisoned for up to 12 years and can also be banned from holding certain positions from 01 to 05 years.
