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Whether assigning a red code to a depositor can constitute the crime of illegal detention?

2023-02-28 04:07:54


不妨把复杂的事实进行抽象提炼并提出一个具体的法律问题:给储户赋红码导致储户被强制隔离的,是否构成非法拘禁罪。


有些案件本身就是段子,笑过之后再思考某些沉重的东西。

In order to prevent depositors from centralizing their rights, a certain place turned the depositors' health code red, regardless of whether it was 3721 or 3721. Even for those savers who haven't had a chance to defend their rights, the health code has gone red overnight. In the national epidemic situation gradually good, suddenly appear a large number of red code personnel, not only to the people troubled, but also shocked other areas of the epidemic prevention agencies in a cold sweat.

From a legal point of view, arbitrarily assigning red codes to depositors is not only a violation, but also constitutes a crime.It is advisable to abstract and distill the complex facts and raise a specific legal question: whether assigning a red code to depositors and causing depositors to be forcibly isolated constitutes the crime of illegal detention.

非法拘禁罪的行为表现是非法对他人人身自由进行限制,这种限制应是现实的,而非一种可能性。健康码为红码人员,根据各地的防疫规定,无论是在定点医疗机构隔离还是居家隔离,都是对其人身自由的限制且具有强制性。因此,对红码人员的强制隔离应当视为一种拘禁。

但不可否认的是,对健康码做手脚与对红码人员强制隔离是二个行为。如果能够证明二行为是同一人(授意)实施或基于同一犯意下,定罪会稍显简单。但如果防疫机构并不知道红码为假,依当地防疫政策对红码人员采取强制隔离措施,那么对健康码做手脚的人是否应当构成非法拘禁罪。

The act of tampering with health codes and the act of forcibly isolating people with red codes are independent but related to each other. The result of the former action is the cause of the latter. Although the mandatory quarantine is carried out in accordance with regulations, but if the health code is false, then the premise of mandatory quarantine is false, mandatory quarantine that there is no legitimacy. The use of epidemic prevention policy, through the behavior of modifying health code, causes the epidemic prevention agencies to fall into a wrong understanding and take the means of compulsory isolation to those who do not need to be isolated, so as to achieve the goal of restricting the free activities of depositors. This behavior accords with the constitutive requirements of the crime of illegal detention, and the perpetrator should be regarded as the indirect principal offender of the crime of illegal detention.

Giving depositors red codes and limiting their ability to defend their rights in accordance with the law can be a big deal. If it must be given a benefit, it is to provide criminal law theory with a real case material.