The criteria for determining the crime of illegal detention are as follows:
1, objective factor. The crime of illegal detention is objectively manifested as the act of illegally depriving others of their personal freedom;
2. Object elements. The object of the crime of illegal detention is the personal freedom of others;
3. Main elements. The subject of the crime of illegal detention can be either a state functionary or an ordinary citizen, who is a natural person who has reached the age of 16 and has criminal responsibility;
4. Subjective factors. The crime of illegal detention is subjective and intentional, aiming at depriving others of their personal freedom.
The injury standard of intentional injury is as follows:
1. Serious injury causes limb disability, disfigurement, hearing loss, vision loss, loss of other organ functions or other injuries that have great harm to personal health, including serious injury level I and serious injury level II;
2. Minor injuries cause damage to limbs or appearance, dysfunction of hearing, vision or other organs, or other injuries with moderate harm to personal health, including first-degree and second-degree minor injuries;
3. Minor injuries to primary injuries caused by various injury factors, resulting in slight damage to tissues and organs or slight dysfunction.
Legal basis:
Article 240th of the Criminal Code of People's Republic of China (PRC).
Crime of abducting and selling women and children Whoever abducts and sells women and children shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined; Under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated; If the circumstances are especially serious, he shall be sentenced to death and his property shall be confiscated:
(1) The ringleader of a group that abducts and sells women and children;
(2) Abducting and selling more than three women and children;
(3) raping a trafficked woman;
(4) luring or forcing trafficked women to engage in prostitution or selling trafficked women to others for forced prostitution;
(5) Kidnapping women and children by violence, coercion or anesthesia for the purpose of selling;
(6) Stealing infants and young children for the purpose of selling;
(7) Causing serious injury, death or other serious consequences to abducted women, children or their relatives;
(8) Trafficking women and children abroad.
Abduction and trafficking in women and children refers to one of the acts of abducting, kidnapping, buying, selling, picking up and transferring women and children for the purpose of selling.