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In China's current laws and regulations, there is no provision on how to punish administrative detainees if they escape. However, from a legal point of view, the perpetrator's escape should be regarded as the interruption of the statute of limitations, and the six-month time limit for prosecution under Article 22 of the Public Security Punishment Law does not apply.
The provisions of the Law on Public Security Administration Penalties for Resisting Enforcement, Paying a Security Deposit, and Evading Administrative Detention after Suspension of Administrative Detention are as follows:
Article 194:The public security organ that made the decision is to send the person who has been sentenced to administrative detention to the detention center for enforcement. Where enforcement is resisted, restraining police equipment may be used.
Article 107: Where a person being punished is dissatisfied with a decision to impose a punishment on administrative detention and applies for administrative reconsideration or initiates an administrative lawsuit, he may submit an application to the public security organ for a suspension of administrative detention. Where the public security organs find that the suspension of administrative detention will not cause danger to society, the person being punished or his close relatives is to submit a guarantor who meets the requirements provided for in article 108 of this Law, or pay a guarantee deposit of 200 yuan per day of administrative detention, and the punishment decision for administrative detention is suspended.
Article 110: Where a person who has been given a decision to be given an administrative detention punishment pays a guarantee deposit, and after suspending administrative detention, evades the enforcement of the administrative detention punishment, the guarantee deposit is to be confiscated and turned over to the state treasury, and the administrative detention decision that has already been made shall still be enforced.
Article 22: Where violations of the administration of public security are not discovered by the public security organs within 6 months, they are no longer to be punished.
The time period provided for in the preceding paragraph is calculated from the date on which the violation of the administration of public security occurs; Where violations of the administration of public security are continuous or continuous, it is calculated from the date on which the conduct ends.
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If the law and order are kept, they will be released when the term expires.
Why jailbreak.
It's just a detention center, and if you catch it, you must be punished severely.
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There is no doubt that the punishment will definitely be harsher if caught.
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This depends on what method you use to jailbreak.
If you break down the cell door, you will also injure a couple of people, including police officers.
Then you're in big trouble.
If you're a superpower, swooping out of the prison, the trouble shouldn't be too big for someone to catch you, and you just keep teleporting.
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Hello friends, it's better not to do this, otherwise the consequences will be serious and you may be sentenced.
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Fifteen days are generally detention, and there is no such thing as an escape.
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I guess it's going to be more serious.
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Whether it is public security detention, criminal detention, or even military service, as long as they escape from the detention area, they will escape from the net, and if they are caught, they will be shot.
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Legal Analysis: Criminals escaping from prisons, detention centers, and juvenile education centers are all escapes. In addition, arrested criminal suspects who escape while escorted to the court for trial, and convicted criminals who escape while escorted are also suspected of escaping.
If the offender has committed an act of escape, but is discovered in time, or has not escaped from prison, he is suspected of attempted escape. Escaping the crime is punishable by up to five years in prison or criminal detention. Violent prison escapes or prison escapes are also to be determined on the basis of the specific crimes constituted.
Legal basis: Criminal Law of the People's Republic of China
Article 316:Where convicts, defendants, or criminal suspects who have been detained in accordance with law escape, they are to be sentenced to up to five years imprisonment or short-term detention.
Whoever robs a convict, defendant, or criminal suspect on the way to escort is to be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; where the circumstances are serious, a sentence of seven or more years imprisonment is to be given.
Article 317:Where the ringleaders who organize the escape from prison or actively participate in it, Hu Fanqiao is to be sentenced to fixed-term imprisonment of not less than five years; Others participating are to be sentenced to up to five years imprisonment or short-term detention.
Ringleaders who break out of prison in riots or assemble a crowd to rob a prison with weapons and actively participate in it, are to be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment; where the circumstances are especially serious, the death penalty is to be given; Others who participate are to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
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