The boundaries of the crime of illegal detention are as follows:
1. The object of infringement is citizens' personal freedom;
2. Objectively, it is the act of illegally depriving others of their physical freedom;
3. The subject can be either a state functionary or a general citizen;
4. Subjectively, it is intentional and aims to deprive others of personal freedom.
[Legal Basis]
Article 238 of the Criminal Law stipulates that anyone who unlawfully detains another person or unlawfully deprives another person of his personal freedom by other means shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights. Those with circumstances of beating or insulting shall be given a heavier punishment.
Whoever commits the crime mentioned in the preceding paragraph and causes serious injury to another person shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years; Whoever causes death shall be sentenced to fixed-term imprisonment of not less than 10 years. Whoever uses violence to cause injury, disability or death to a person shall be convicted and punished in accordance with the provisions of Articles 234 and 232 of this Law.
Whoever unlawfully detains or detains another person for the purpose of claiming debts shall be punished in accordance with the provisions of the preceding two paragraphs. Any functionary of a State organ who commits the crimes mentioned in the preceding three paragraphs by taking advantage of his power shall be given a heavier punishment in accordance with the provisions of the preceding three paragraphs.