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Article 80 of the Criminal Procedure Law deals with criminal detention.
Article 80 of the Criminal Procedure Law stipulates that public security organs may detain current offenders or major suspects in advance under any of the following circumstances:
1) They are preparing to commit a crime, committing a crime, or are discovered immediately after committing a crime;
2) The victim or a person who witnessed it at the scene identified him as having committed the crime;
3) Evidence of a crime is found in the vicinity or residence;
4) Attempting suicide, escaping, or being at large after committing a crime;
5) There is a possibility of destroying or fabricating evidence or colluding confessions;
6) Not telling their real name or address, and their identity is unclear;
7) There is a major suspicion of committing a crime on the go, committing a crime multiple times, or committing a crime in a group.
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The specific content of Article 80 is as follows:
In any of the following circumstances, the public security organs may detain current offenders or major suspects in advance:
1) They are preparing to commit a crime, committing a crime, or are discovered immediately after committing a crime;
2) The victim or a person who witnessed it at the scene identified him as having committed the crime;
3) Evidence of a crime is found in the vicinity or residence;
4) Attempting suicide, escaping, or being at large after committing a crime;
5) There is a possibility of destroying or fabricating evidence or colluding confessions;
6) Not telling their real name or address, and their identity is unclear;
7) There is a major suspicion of committing a crime on the go, committing a crime multiple times, or committing a crime in a group.
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Article 80 of the Criminal Procedure Law regulates the division of powers for arrest. In criminal cases, the public security organs first file and investigate, and if it is necessary to detain, they may first detain them, and where it is found necessary to arrest, a request for approval of arrest is made within 3 days, and the procuratorate makes a decision within 14 days of receiving the application.
Article 80 of the Criminal Procedure Law: The arrest of a criminal suspect or defendant must be approved by the people's procuratorate or decided by the people's court, and shall be enforced by the public security organs. Article 165 of the Criminal Procedure Law: Where the circumstances provided for in items 81 and 82, paragraphs 4 and 5 of this Law are met in cases directly accepted by the People's Procuratorate, and it is necessary to arrest or detain a criminal suspect, the People's Procuratorate shall make a decision and the public security organs shall enforce it. Article 167 of the Criminal Procedure Law provides that if the People's Procuratorate finds that it is necessary to suspend arrest of a person detained in a case directly accepted by the People's Procuratorate, it shall make a decision within 14 days.
In exceptional circumstances, the time for deciding on arrest may be extended by one to three days. where arrest is not necessary, they shall be released immediately; Where it is necessary to continue the investigation and the requirements for release on guarantee pending further investigation or residential surveillance are met, they are to be released on guarantee pending further investigation or placed under residential surveillance in accordance with law.
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Legal Analysis: Article 80 of the Criminal Procedure Law of the People's Republic of China: Public security organs may detain current offenders or major suspects in any of the following circumstances: (1) they are preparing to commit a crime, committing a crime, or are discovered immediately after committing a crime; 2) The victim or a person who witnessed it at the scene identified him as having committed the crime;
Legal basis: Article 80 of the Criminal Procedure Law of the People's Republic of China: Public security organs may detain current offenders or major suspects in any of the following circumstances:
1) They are preparing to commit a crime, committing a crime, or are discovered immediately after committing a crime;
2) The victim or a person who witnessed it at the scene identified him as having committed the crime;
3) Evidence of a crime is found in the vicinity or residence;
4) Attempting suicide, escaping, or being at large after committing a crime;
5) There is a possibility of destroying or fabricating evidence or colluding confessions;
6) Not telling their real name or address, and their identity is unclear;
7) There is a major suspicion of committing a crime on the go, committing a crime multiple times, or committing a crime in a group.
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1. Article 80 of the Criminal Procedure Law stipulates the statutory circumstances for criminal detention. Sentencing for crimes is provided for in the criminal law.
2. Drunk driving constitutes the crime of dangerous driving, and shall be sentenced to criminal detention and a fine. [Relevant Laws and Regulations].
1. Article 80 of the Criminal Procedure Law: Public security organs may detain current offenders or major suspects in any of the following circumstances:
1) They are preparing to commit a crime, committing a crime, or are discovered immediately after committing a crime;
2) The victim or a person who witnessed it at the scene identified him as having committed the crime;
3) Evidence of a crime is found in the vicinity or residence;
4) Attempting suicide, escaping, or being at large after committing a crime;
5) There is a possibility of destroying or fabricating evidence or colluding confessions;
6) Not telling their real name or address, and their identity is unclear;
7) There is a major suspicion of committing a crime on the go, committing a crime multiple times, or committing a crime in a group.
II. Article 133 of the Criminal Law [Crime of Dangerous Driving] Whoever drives a motor vehicle on the road in any of the following circumstances shall be sentenced to short-term detention and a concurrent fine:
1) Chasing and racing, where the circumstances are heinous;
2) Driving a motor vehicle while intoxicated;
C) engaged in school bus business or passenger transport, seriously exceeding the rated occupant capacity, or seriously exceeding the speed limit;
4) Transporting hazardous chemicals in violation of the regulations on the safety management of hazardous chemicals, endangering public safety. Where the owner or manager of a motor vehicle bears direct responsibility for the conduct in items (3) or (4) of the preceding paragraph, punishment is to be given in accordance with the provisions of the preceding paragraph. Where conduct in the preceding two paragraphs simultaneously constitutes other crimes, follow the provisions for the heavier punishment at trial and sentencing.
Article 120 of the Provisions on Procedures for the Handling of Criminal Cases by Public Security Organs.
In any of the following circumstances, public security organs may detain current offenders or major suspects: (1) those who are preparing to commit a crime, committing a crime, or being discovered immediately after committing a crime; 2) The victim or a person who witnessed it at the scene identified him as having committed the crime; 3) Evidence of a crime is found in the vicinity or residence; 4) Attempting suicide, escaping, or being at large after committing a crime; 5) There is a possibility of destroying or fabricating evidence or colluding confessions; 6) Not telling their real name or address, and their identity is unclear; 7) There is a major suspicion of committing a crime on the go, committing a crime multiple times, or committing a crime in a group.
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Summary. Hello dear and happy to answer your <>
Article 80 of the Criminal Procedure Law states that public security organs may detain current offenders or major suspects in advance in any of the following circumstances: (1) they are preparing to commit a crime, committing a crime, or are discovered immediately after committing a crime; 2) The victim or a person who witnessed it at the scene identified him as having committed the crime; 3) Evidence of a crime is found in the vicinity or residence; 4) Attempting suicide, escaping, or being at large after committing a crime; 5) There is a possibility of destroying or fabricating evidence or colluding confessions; 6) Not telling their real name or address, and their identity is unclear; 7) There is a major suspicion of committing a crime on the go, committing a crime multiple times, or committing a crime in a group. <>
What is the content of Article 80 of the Criminal Procedure Law?
Hello dear and happy to answer your <>
Article 80 of the Criminal Procedure Law states that public security organs may detain current offenders or major suspects in advance in any of the following circumstances: (1) they are preparing to commit a crime, committing a crime, or are discovered immediately after committing a crime; 2) The victim or a person who witnessed it at the scene identified him as having committed the crime; 3) Evidence of a crime is found in the vicinity or residence; 4) Attempting suicide, escaping, or being at large after committing a crime; 5) There is a possibility of destroying or fabricating evidence or colluding confessions; 6) Not telling their real name or address, and their identity is unclear; 7) There is a major suspicion of committing a crime on the go, committing a crime multiple times, or committing a crime in a group. <>
Article 274 of the Criminal Law, laws and regulations on pro-relatives, where the amount of extortion or extortion of public or private property is relatively large or there are multiple extortions, a sentence of up to three years imprisonment, short-term detention or controlled release, and/or a fine of a large amount or other serious circumstances, a sentence of between three and ten years imprisonment, and where the amount of the fine is especially huge or there are other especially serious circumstances, a sentence of not less than 10 years imprisonment and a concurrent fine.
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Article 80 of the Criminal Procedure Law of the People's Republic of China (2018 Revision): "[Approval, Decision and Enforcement of Arrest] The arrest of a criminal suspect or defendant must be approved by the people's procuratorate or decided by the people's procuratorate, and shall be enforced by the public security organs. ”
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Article 80 of the Criminal Procedure Law of the People's Republic of China: Public security organs may first detain an active offender or a major suspect in any of the following circumstances: (1) he or she is preparing to commit a crime, committing a crime, or being discovered immediately after committing a crime; 2) The victim or a person who witnessed it at the scene identified him as having committed the crime; 3) Evidence of a crime is found in the vicinity or residence; 4) Attempting suicide, escaping, or being at large after committing a crime; 5) There is a possibility of destroying or fabricating evidence or colluding confessions; 6) Not telling their real name or address, and their identity is unclear; 7) There is a major suspicion of committing a crime on the go, committing a crime multiple times, or committing a crime in a group.
[Legal basis].Criminal Procedure Law of the People's Republic of China
Article 80: The arrest of a criminal suspect or defendant must be approved by the people's procuratorate or decided by the people's court, and is to be enforced by the public security organs.
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