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During the period of criminal detention, the family of the criminal suspect is not allowed to meet with the criminal suspect. If you want to know the situation of the criminal suspect, you can entrust a lawyer to provide you with legal assistance, only the lawyer can meet with the criminal suspect, learn about the criminal suspect's alleged crimes, consult the case file, collect favorable evidence, and ask the criminal suspect about the relevant circumstances of the case.
Legal basis: Article 37 of the Criminal Procedure Law of the People's Republic of China provides that defense lawyers may meet and correspond with criminal suspects or defendants in custody.
2. Can I be released early after being placed under administrative detention?
Administrative detention is generally not possible for early release. However, the person detained by the offender may apply to the enforcement department for a suspension of administrative detention, and if he needs to provide a suitable guarantor to guarantee him or pay a guarantee deposit, the department that made the administrative detention decision may consider the application for suspension of administrative detention.
According to article 222 of the "Provisions on the Procedures for the Handling of Administrative Cases by Public Security Organs", if a penalized person is dissatisfied with an administrative detention decision and applies for administrative reconsideration or initiates an administrative lawsuit, he may submit an application to the public security organ that made the administrative detention decision to suspend the execution of administrative detention. Article 223 stipulates that the public security organs shall make a decision within 24 hours of receiving an application for suspension of administrative detention.
What conditions does the guarantor need to meet: 1. It is not involved in this case. 2. Enjoy political rights in accordance with the law, and personal freedom is not restricted. 3. Have a permanent residence and fixed residence in the local area. 4. Have the ability to fulfill the guarantee obligation.
When the guarantor cannot be found, then a security deposit can be provided, and a security deposit of 200 yuan per day of administrative detention is required.
3. Will there be a criminal record after being placed in administrative detention? Does it affect life and work?
After administrative detention, there will be a record of violations, and there will be no criminal record (criminal punishment will leave a criminal record, that is, a criminal record). Administrative detention, on the other hand, generally does not affect life and work. If it is a civil servant or public institution, it may be subject to corresponding disciplinary action.
or individuals or their children need to be politically reviewed for positions in some special industries, and they are required to go to the police station to issue a criminal record.
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Administrative detention visits once to see the relevant provisions. The detainee's close relatives and the responsible person of the unit may visit them within the prescribed time.
1. Article 28 of the "Detention Center Regulations" stipulates that "during the period of detention, with the consent of the case-handling organ and the approval of the public security organ, a prisoner may correspond and meet with his close relatives".
2. Relatives and friends of the penalized person may visit the penalized person under detention at the designated time of the detention center when they make an appointment in advance, and at the time specified in the detention center.
3. During visits, they may bring daily necessities and food (food needs to be inspected by the police on duty in the detention center), and other items must not be brought to the punished person.
4. The power to adjudicate administrative detention belongs to the public security organ at or above the county level; The time limit is generally less than 10 days, and the heavier ones are not more than 15 days;
5. After the administrative detention decision is announced, during the period of applying for reconsideration and administrative litigation, the punished person and his relatives find a guarantor;
6. or where a guarantee deposit is paid in accordance with regulations, an application may be made for the administrative entity to suspend the execution of administrative detention. Administrative detention refers to a type of administrative punishment in which a statutory administrative organ (specifically referring to a public security organ) restricts the personal liberty of a person who violates administrative laws and norms for a short period of time in accordance with the law. Visits may be granted during the period of administrative detention.
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Administrative detention for all the prescribed visiting hours. Relatives and friends of the person being punished may make an appointment in advance and visit the person being punished during the time provided for in the administrative detention center.
During visits, they may bring necessary daily necessities, clothing, and food (with the approval of the police in the detention center), and other items must not be sent to the person being punished.
According to the "Measures for the Implementation of the Regulations on Detention Centers", Article 52: Persons meeting with detainees shall hold valid identity documents. The people's police in the detention facility shall inspect the relevant documents and vouchers of the persons meeting with them, complete the registration form for meeting with the detainee, and promptly make arrangements for them.
The number of meetings with detainees shall generally not exceed 2, the number of persons at each meeting shall not exceed 3, and the duration of the meeting shall not exceed 30 minutes. Where there are special circumstances requesting a meeting on a non-meeting day or increasing the number, number of people, and time of the meeting, it shall be upon the approval of the detention facility leadership.
Meetings with detainees by lawyers appointed by detainees are not limited in number or time, but shall be conducted during normal working hours. Where the regulations on the management of meetings are violated, the detention center may give a warning or order the meeting to be stopped.
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Can administrative detention be visited?
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5 Appreciation? Holistic appreciation.
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During detention, it is generally a finger pat fluid that can be visited. However, depending on the circumstances, such as the type of detention period, the time and method of visitation, etc., will vary. Comma.
The duration and manner of visits need to be agreed upon in advance between the detainee and the family, and the more common forms are prison visits and visits by lawyers.
Prison visits are a common method used by family members, and generally speaking, prison visits require an appointment and need to inform the place of detention in advance to facilitate the visitation time. It is generally recommended that family members understand the visitation rules in advance to avoid unnecessary trouble.
Visits by a lawyer are a common method for detainees, which are generally prioritized, do not require appointments, and can be carried out between lawyers and detainees at any time. However, before a lawyer can enter for a visit, he or she will generally need to go through a security check and prepare the relevant documents.
It is important to note that the rules vary from detention to detention period and place of detention, so it is important to strictly follow the relevant regulations during the visitation process to avoid unnecessary legal risks. For example, you need to go through a security check before entering the detention center, you are not allowed to bring in dangerous goods, and you are not allowed to take photos at will.
It is important to be reminded that the relevant regulations must be complied with during the visit, and if there is any misconduct, it will be regarded as disturbing public order and you need to bear the corresponding legal responsibility. The freedom of those under controlled detention is restricted, and it is necessary for family members to keep in touch through visits, so as to enhance the spiritual comfort and encouragement of detainees. <>
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Legal analysis: There are two types of applications for visits during detention, one is criminal detention, and the detainee's lawyer may apply for visits, meet and communicate with him, and his family members are not allowed to visit. The second is civil detention, where the family of the detainee may apply for visitation.
When visiting a detainee, they shall bring their valid identity card, fill out the registration form, and the people's police shall check it before they can visit. During the visit, the detainee may not be handed over to the detainee except for those approved by the civilian police.
Legal basis: According to article 52 of the Measures for the Implementation of the Regulations on Detention Centers, a meeting with a detainee shall be accompanied by a valid identity document. A lawyer retained by a detainee to meet with a detainee shall also present a lawyer's practice certificate, a law firm certificate, and a power of attorney or an official letter of legal aid.
The people's police in the detention center shall inspect the relevant documents and vouchers of the persons meeting with them, complete a registration form for meeting with the detainee, and promptly make arrangements for the bureau to clear the detainee.
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