Will you be sentenced to a detention center after criminal detention?

During the period of criminal detention, the public security organs will investigate, interrogate, and find relevant evidence, and if they believe that a crime is committed, they must submit it to the procuratorate for arrest, and the procuratorate initiates a public prosecution, and the court will make a judgment, and if it constitutes a crime, it can be sentenced. It depends on whether it has violated the criminal law of the country.

Whether or not a sentence will be imposed depends on whether a crime is constituted. If a crime is committed, it is recommended that you find a lawyer to meet with the client to understand the details of the case and strive for a lighter sentence.

Shenzhen lawyer: Wang Ping'an.

Legal Analysis: Depends on the circumstances. After the criminal suspect is criminally detained, if it is found that there are facts of the crime and it is necessary to pursue criminal responsibility, he will be sentenced to criminal punishment.

If there is evidence showing that the criminal suspect did not commit a crime, the criminal suspect shall be acquitted and will not be sentenced.

Legal basis: Article 16 of the Criminal Procedure Law of the People's Republic of China: 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circumstances, criminal responsibility is not pursued, and where it has already been pursued, the case shall be withdrawn, or not prosecuted, or the trial shall be terminated, or Lu Mu shall be acquitted with a delay: (1) The circumstances are obviously minor and the harm is not great, and it is not considered a crime; (2) Companions whose crimes have already passed the statute of limitations; (3) Exemption from criminal punishment by 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.

That is, criminal detention, detention in criminal proceedings 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 organ or the people's procuratorate in the course of investigation when there is a statutory emergency. Detention does not necessarily lead to a sentence. Criminal detention can only be used in emergency situations.

Detention may only be taken if there is no time to arrest the offender or a major suspect of his liberty in an emergency; If there is no emergency and the public security organs and people's procuratorates have time to go through the arrest formalities, they cannot be detained first. Criminal detention is a coercive measure that deprives a citizen of his or her liberty. Compared with custodial summons, release on bail pending further investigation, and residential surveillance, detention is characterized by the complete deprivation of a citizen's personal liberty, rather than restricting the citizen's personal liberty.

As far as the deprivation of civil liberties is concerned, detention and arrest are similar in nature and are both types of detention and should therefore be used only when it is absolutely necessary. Criminal detention is a temporary measure. The duration of detention is short, and as the proceedings progress, the detention should be promptly modified, or converted to arrest, released on bail pending further investigation or placed under residential surveillance, or the person in custody should be released.

The object of criminal detention is specific. It can only be applied in cases strictly provided for by law.

Legal basis: Criminal Procedure Law of the People's Republic of China Article 80: Public security organs may detain current offenders or major suspects in advance in any of the following circumstances:

1) is preparing to commit a crime, committing a crime, or is discovered immediately after committing a crime;

(b) The victim or a person who witnessed the crime 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 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.

Legal analysis: Detention in criminal proceedings is a compulsory measure taken by the public security organs and the people's procuratorate to temporarily deprive a person of personal liberty against an active offender or a major suspect in the course of investigation of a case directly accepted by the public security organ or the people's procuratorate when there is a statutory emergency.

First of all, no citizen can be found guilty without a judgment by a people's court. Criminal detention is only a compulsory measure in criminal proceedings, whether it is suspected of violating the criminal law, the case under the jurisdiction of the public security organ or people's procuratorate responsible for the investigation shall first be investigated, and if it is found that it does not constitute a crime, the case shall be withdrawn, and if it is found that a crime is constituted, the case shall be transferred to the corresponding procuratorate, and it is recommended that a public prosecution be initiated, and then the procuratorate shall examine the case, and if it is found that it does not constitute a crime, return it to the investigating organ, at which point the compulsory measures against the criminal suspect will be lifted. If it is found that a crime has been constituted, a public prosecution shall be instituted with the corresponding court, and the court shall decide whether a crime has been constituted.

Therefore, criminal detention is not necessarily a sentence, but it is very likely.

Legal basis: Criminal Procedure Law of the People's Republic of China

Article 66: Based on the circumstances of the case, people's courts, people's procuratorates, and public security organs may issue custodial summonses, release on guarantee pending further investigation, or residential surveillance of criminal suspects or defendants.

Article 82: Public security organs may first detain current offenders or major suspects in any of the following circumstances:

1) is preparing to commit a crime, committing a crime, or is discovered immediately after committing a crime;

(b) The victim or a person who witnessed the crime 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 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.

Criminal detention does not necessarily lead to a sentence, which is premised on being held criminally responsible 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 a person is detained, the public security organ shall interrogate the detained person within 24 hours, and if it is found that it should not be detained, it must be released immediately;

Second, if the procuratorate does not approve the arrest, the public security organ should immediately release him;

The third is that after criminal detention, after the facts of the crime are clear and the evidence is sufficient, and the arrest is approved by the people's procuratorate, criminal responsibility should be pursued.

1. What are the differences between criminal detention and administrative detention?

1. Criminal detention is a safeguard measure in criminal proceedings, a procedural act, the purpose of which is to ensure the smooth progress of criminal proceedings, and is not punitive in itself; Administrative detention is a form of punishment in the administration of public security, which is essentially an administrative sanction whose purpose is to punish and educate people who have committed ordinary violations.

2. The law is different and criminal detention is adopted in accordance with the provisions of the Criminal Procedure Law; Administrative detention is used in accordance with administrative laws and regulations such as the Administrative Punishment Law and the Public Security Administration Punishment Law.

3. The applicable objects are different, and criminal detention is applicable to current offenders or major suspects suspected of committing crimes in criminal cases. Administrative detention is for persons who have committed ordinary offences. There is a line between sin and non-sin.

4. The maximum period of criminal detention for ordinary current criminals and major suspects is 14 days, and the maximum period of detention for major suspects who have committed crimes on the go, multiple times, or in groups is 37 days. The maximum period of administrative detention is 15 days.