Object elements. The object of this crime is a complex object, that is, the personal rights of the supervised person and the normal activities of the supervisory organ. The corporal punishment and abuse of detainees often involve corporal punishment, flogging, abuse, insult, mental torture and violation of citizens' personal rights. Objective elements. Objectively, this crime is manifested in violation of regulatory laws and regulations, beating or physically abusing the supervised person, and the circumstances are serious. Regulatory laws and regulations mainly refer to the relevant regulatory provisions in laws and regulations such as the Regulations on Labor Reform in People's Republic of China (PRC). The so-called supervised person refers to the person whose personal freedom is restricted according to law, including all criminal suspects and defendants in custody, whether sentenced or pending, and other people who are detained and supervised according to law. These people include criminals serving their sentences in prisons, reform-through-labour camps and juvenile delinquents' reformatories, criminal suspects and defendants held in detention centers and detention houses, and people who have been detained according to law or otherwise supervised for violating the regulations on administrative penalties for public security. Beating refers to the act of causing temporary physical pain to the supervised person. Physical abuse refers to all methods that can destroy or torture the body or mind of the supervised person except beating, such as lying down, running, sunbathing, freezing, hunger, verbal abuse, forced physical labor, no sleeping, no drinking, etc. It should be pointed out that beating and physical abuse in this crime do not require consistency. One-time beating and physical abuse are serious enough to constitute a crime. As for whether the perpetrator directly carried out the act of beating or corporal punishment, or whether the perpetrator used the hand of the supervised person to beat or physically abuse other supervised persons, it is only a difference in ways, which does not affect the establishment of this crime. If the perpetrator acquiesces in the prisoner's beating or physical abuse of other prisoners, it should also be considered as an act of instructing the prisoner to beat or physically abuse other prisoners. Beating or physically abusing a criminal, if the circumstances are serious, constitutes a crime. The so-called serious circumstances generally refer to the use of torture and bad means; Frequently beating or physically abusing the supervised person, and still refusing to change after repeated education; Beating and physically abusing many people many times, with bad influence, and so on. To determine whether the circumstances are serious, we should generally determine the subjective intention, means, object and consequences of the perpetrator's punishment and abuse. The same behavior will be recognized differently because of the different conditions of the supervised person. If you are forced to overwork, the consequences will be different for strong people and the elderly, weak people or juvenile offenders. The latter person may be physically disabled due to excessive physical labor. If the perpetrator intentionally does it, it belongs to the nature of corporal punishment and abuse, and the circumstances and consequences are serious, so it should be punished as this crime; If the circumstances are general and the consequences are not too serious, it will not be punished as a crime, and the competent department may criticize and educate or give administrative sanctions as appropriate. If a supervisor commits assault or physical abuse, resulting in disability or death of the supervised person, he shall be convicted and given a heavier punishment in accordance with the provisions of Article 234 of the crime of intentional injury and Article 232 of the crime of intentional homicide. It is necessary to distinguish corporal punishment and abuse from the confinement of criminal suspects and defendants who violate the supervision order according to law, and from the use of restraints and even weapons. The discipline of criminal suspects and defendants, especially the reform and management of criminals, has its particularity. Only through strict discipline and certain coercive measures can criminals change from evil to good and become new people. Detainees who do not observe discipline, gang up to make trouble, violate prison rules and openly resist reform can be detained according to law, and if necessary, they can use restraint or even weapons. This is a necessary punishment and vigilance measure to strengthen supervision. It is legal, different from corporal punishment and abuse in principle, and cannot be confused. If the misuse of weapons constitutes a crime, criminal responsibility shall be investigated according to law. Taking compulsory measures, abusing restrictions or confinement due to work mistakes, and the perpetrator has no intention to commit a crime, can not be punished as this crime, but the competent department can give necessary administrative sanctions according to different situations. Theme elements. The subject of this crime is a special subject, that is, the supervisors of prisons, detention centers, detention centers and other regulatory agencies. The so-called prison refers to the executive organ of punishment. The so-called detention center refers to the place where people sentenced to judicial custody and administrative detention are held. The so-called detention center refers to the place where criminal suspects and defendants are detained according to law. In judicial practice, the identification of the subject of this crime is not limited to those who directly abuse the supervised person. Although some judicial staff did not directly abuse corporal punishment, they instigated, instigated, condoned or implied that one or some of the prisoners abused other prisoners by corporal punishment in the process of discipline. If the circumstances are serious, it can also constitute the subject of this crime according to the provisions of the second paragraph of this article. In this case, the supervised persons who commit corporal punishment and abuse are not supervisors, and although they cannot constitute the subject of this crime alone, they are the direct executors of corporal punishment and abuse, and they can still constitute the * * * offenders of this crime. However, because the supervised person may have participated under coercion or deception, he should be sentenced according to his role and status and in accordance with the relevant provisions of the same crime. Subjective factors. Subjectively, this crime is intentional, and negligence cannot constitute this crime, that is, the corporal punishment and abuse of the supervisor and the violation of regulatory laws and regulations are intentional. The purpose of crime is generally to subdue the supervised person. There are various criminal motives, some for revenge, some for bravado and so on. Whatever the motive, it does not affect the establishment of the crime. But whether the criminal motive is bad or not can be considered as the plot of sentencing.

legal ground

Criminal law of the people's Republic of China

Article 248 Supervisors of prisons, detention centers, detention centers and other supervisory institutions beat or physically abuse the supervised person, and if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. Whoever causes disability or death shall be convicted and given a heavier punishment in accordance with the provisions of Articles 234 and 232 of this Law.

If the supervisor instructs the supervised person to beat or physically abuse other supervised persons, he shall be punished in accordance with the provisions of the preceding paragraph.