Is the criminal detention serious? Will there be a sentence?

According to article 277 of the Criminal Law, "Whoever obstructs the lawful performance of duties by the personnel of state organs by means of violence or threats shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, controlled release or a fine." ”

In this case, your friend quarreled with the chengguan because of illegally setting up a stall and threatened the chengguan personnel with a knife to perform their official duties in accordance with the law.

However, if your friend has not caused serious consequences, if he has a good attitude of admitting his mistakes and shows repentance, he can be given a lighter punishment and a suspended sentence at the same time.

Now your friends and their families, or the lawyer they have retained, can apply to the police for release on bail pending further investigation, so that they can temporarily come back and wait for the court's decision.

The offence should be obstruction of official duties, which is a consequential offense, that is, it must have caused consequences, so it will never be like what you have stated, and in general, it will definitely cause injury to law enforcement officers or loss of public finances in the course of the dispute. So what you have to do is to find out what the result is first, and then if the person is injured, you will lose money, and if something is broken, you will also lose money, the purpose is to get the other party's understanding, and then report to the public security organ that 90% of the person can be released on bail pending trial, but the sentence must be sentenced, if the bail pending trial is 100% a suspended sentence, otherwise it will be sentenced to six months and eight months.

Criminal detention may result in a sentencing sentence.

A sentence of less than 3 years will not be very serious.

Legal Analysis: Criminal detention does not necessarily mean sentencing, and the sentencing is premised on being investigated for criminal responsibility and does not meet the statutory grounds for exemption from criminal punishment.

Article 82 of the Criminal Procedure Law of the People's Republic of China: If there are any circumstances in which an offender or a major suspect is discharged, he may be detained in advance

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.

In contrast to administrative detention, criminal detention is merely a criminal coercive measure, so even if it is taken, it does not necessarily leave a criminal record. So is there a sentence after criminal detention? I believe that many people who have been taken into criminal detention want to know, so let me give you a detailed answer below.

Is the criminal detention serious and will it be sentenced?

1. Compared with administrative detention, criminal detention is a relatively serious criminal coercive measure.

2. Criminal detention is one of the criminal coercive measures, and is a compulsory method adopted by the public security organs and people's procuratorates to temporarily deprive the current offender or major suspect of his personal liberty in the course of investigation of a case directly accepted by the public security organs or people's procuratorates when they encounter a statutory emergency.

3. Whether the suspect will be sentenced depends on whether the suspect has committed a crime and whether he needs to bear criminal responsibility. There is no direct relationship between the two. When a suspect is criminally detained, the best course of action is to entrust a professional lawyer to understand the relevant case as soon as possible, so as to protect the suspect's relevant litigation rights and interests to the greatest extent.

What are the conditions for criminal detention

1) The object of detention is an active offender or a major suspect. An active offender is a person who is in the process of committing a crime, and a major suspect is a person who has evidence to prove that he is suspected of committing a major crime.

2) Have one of the statutory emergency circumstances. Articles 61 and 132 of the Criminal Procedure Law provide different provisions for the detention of repentant public security organs and the detention of people's procuratorates as to what constitutes an emergency.

1. Article 80 of the Criminal Procedure Law stipulates that current offenders or major suspects who have one of the following circumstances shall be dealt with by means of enumeration. The public security organs may detain the public security organs in advance

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, running away, or being on the run after committing a crime.

5) There is a possibility of destroying or fabricating evidence or colluding confessions.

6) Those who do not tell their real names and addresses, and whose identities are unknown.

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.

2. In criminal proceedings, in accordance with the provisions of article 132 of the Criminal Procedure Law, except that the public security organs have the authority to decide on detention and enforce detention in accordance with law; In cases directly accepted by the people's procuratorate, the people's procuratorate also has the right to decide to detain criminal suspects or defendants in the following two circumstances:

1) Attempting suicide, escaping, or being at large after committing a crime;

2) There is a possibility of destroying or fabricating evidence or colluding confessions. After the people's procuratorate decides to detain you, the public security organs are to enforce it.

Legal Analysis: Detention does not necessarily lead to a sentence. Criminal detention is a compulsory measure in criminal investigation, and during or after the investigation, if the investigating organ finds that the criminal suspect has not committed a crime or does not pursue criminal responsibility, it may decide to withdraw the case; After transferring the case to the public prosecution organ for review for prosecution, the public prosecution organ may make a decision not to prosecute if it finds that a crime is not constituted or criminal responsibility is not pursued; Where a lawsuit is brought to the people's court, after trial, the court finds that a crime is not constituted or that criminal responsibility is not pursued, it may be declared acquitted or exempted from criminal responsibility.

Legal basis: Article 16 of the Criminal Procedure Law In any of the following circumstances, criminal responsibility is not pursued, and where it has already been pursued, the case shall be withdrawn, or not prosecuted, or the trial shall be terminated, or acquittal shall be declared:

1) The circumstances are obviously minor and the harm is not great, and it is not considered a crime;

2) The statute of limitations for prosecution has already expired;

3) Punishment is waived by a special amnesty order;

4) Crimes that were handled in accordance with the Criminal Law's macro material accusations, and there is no accusation or withdrawal of the accusation;

5) The criminal suspect or defendant is deceased;

6) Other laws provide for exemption from criminal responsibility.

Legal Analysis: Criminal detention does not necessarily mean that the sentence will be imposed, and the sentencing is premised on being investigated for criminal responsibility and does not meet the statutory grounds for exemption from criminal punishment. There are several situations that must be explained:

The first is that after the public security organ detains a person, it shall interrogate the detained person within 24 hours, and when it is found that it should not be detained, it must be released immediately; The third is that after criminal detention, after the facts of the crime are clear and the evidence is sufficient, and the people's procuratorate approves the arrest, criminal responsibility shall be pursued.

Legal basis: In any of the following circumstances, article 16 of the Criminal Procedure Law of the People's Republic of China does not pursue criminal responsibility, and where it has already been pursued, the case shall be withdrawn, or not prosecuted, or the trial shall be terminated, or acquitted: (1) the circumstances are obviously minor and the harm is not great, and it is not considered a crime; 2) The statute of limitations for prosecution has already expired; 3) Punishment is waived by a special amnesty order; (4) Crimes that were handled in accordance with the Criminal Law, and there is no accusation or withdrawal of the accusation; 5) The criminal suspect or defendant is deceased; 6) Other laws provide for exemption from criminal responsibility.

Not necessarily. Criminal detention does not necessarily lead to a sentence. Criminal detention is only a compulsory measure in criminal proceedings, and the final sentence depends on whether the perpetrator's conduct constitutes a crime and whether he needs to be investigated for criminal responsibility, and if there is evidence to prove that a crime is constituted, the sentence will generally be imposed.

Legal basis. Article 200 of the Criminal Procedure Law.

After the defendant's final statement to Li Tong, the presiding judge announced an adjournment, and the collegial panel deliberated and made the following verdict on the basis of the ascertained facts, evidence, and relevant legal provisions: Shut down.

1) Where the facts of the case are clear, the evidence is credible and sufficient, and the defendant is found guilty on the basis of law, a guilty verdict shall be made;

2) Where the defendant is found not guilty in accordance with law, a not-guilty verdict shall be made;

3) Where the evidence is insufficient and the defendant cannot be found guilty, a not-guilty verdict shall be made that the evidence is insufficient and the alleged crime cannot be established.

No, not necessarily, it depends on the evidence that ** has, and whether they will be handed over to the procuratorate or not.

From a legal point of view, the key is to see the circumstances and consequences of the offense, as well as the relevant evidence and materials, and the specific situation can be analyzed on a case-by-case basis

In criminal cases, the detention of a criminal suspect or defendant does not necessarily mean that a criminal sentence will be imposed. Criminal detention is only a short-term compulsory measure to restrict the personal liberty of a criminal suspect or defendant that is found necessary to be detained in advance by the public security organs, the procuratorate, or the court, and shall be immediately released or transferred to other compulsory measures when the period of detention expires. The sentencing of criminal punishment means that the court finds after trial that the defendant has committed a specific crime before constituting the world, and shall impose a criminal punishment.

Legal basis.

Criminal Procedure Law of the People's Republic of China Article 86: Public security organs shall interrogate detained persons within 24 hours of their detention. In the event that he should not be detained, he must be released immediately and a certificate of release must be issued.