Can I claim lost time pay if I am falsely accused of being sent to a detention center?

Criminal detention is a criminal justice act, and according to the provisions of China's Criminal Procedure Law, there is no effective remedy. If the criminal detention is found to be wrong, the public security organ can first be asked to confirm that the criminal detention is unlawful, and then the state can apply for compensation. However, if the public security organ refuses to confirm it, it cannot directly apply for compensation, and can only seek a solution by appealing to the public security organ at the higher level and other departments.

Article 20 of the State Compensation Law: "The organ with the obligation to compensate shall compensate the organ that confirms in accordance with law that it has any of the circumstances provided for in Articles 15 and 16 of this Law. Where the claimant for compensation requests confirmation of any of the circumstances provided for in articles 15 and 16 of this Law, and the requested organ refuses to confirm it, the claimant for compensation has the right to appeal.

Compensation claimants who request compensation shall first submit it to the organ with the obligation to compensate. The provisions of Articles 10, 11 and 12 of this Law shall apply to the compensation procedures. Article 21:

The organ with the obligation to compensate shall give compensation in accordance with the provisions of Chapter IV of this Law within two months from the date of receipt of the application; Where compensation is not paid within the time limit or the claimant has objections to the amount of compensation, the claimant may apply for reconsideration to the organ at the level above within 30 days of the expiration of the period. Where the organ with the obligation to compensate is a people's court, the claimant may apply to the compensation committee of the people's court at the level above to make a compensation decision in accordance with the provisions of the preceding paragraph. Article 26 of China's State Compensation Law stipulates:

In the case of infringement of a citizen's personal freedom, the daily compensation shall be calculated on the basis of the average daily wage of the state workers in the previous year. That is, the compensation is paid on a daily basis, and the daily compensation is calculated according to the average daily wage of the employees of the state in the previous year. According to the Supreme People's Court's "Interpretation of Several Issues Concerning the Enforcement of the State Compensation Law of the People's Republic of China by the People's Courts", the term "previous year" shall refer to the original compensation decision upheld by the organ with the obligation to compensate, the reconsideration organ, or the compensation committee of the people's court, and it shall be implemented in accordance with the previous year when the original compensation decision was made.

The amount of the average daily wage of employees in the previous year shall be calculated by dividing the average annual wage of employees by the number of statutory working days in the whole year. The average annual salary is based on the figures published by the National Bureau of Statistics. China's State Compensation Law adopts random criteria for compensation for infringement of citizens' right to personal liberty, rather than stipulating a maximum compensation limit or fixed standard

It can adapt to the situation of economic development and is conducive to uniform implementation throughout the country. In line with China's national conditions, it is not only easy to operate, but also relatively flexible, and can be uniformly implemented throughout the country, so as to ensure that citizens, legal persons and other organizations can receive reasonable compensation from the state when their legitimate rights and interests are infringed.

If they have indeed been falsely accused, they can apply for state compensation.

1. From this question, it can be seen that the detained person should not be yourself, because it is impossible for the detained person to use a mobile phone to ask for help from the outside world;

2. If you are a close relative of the detainee and know exactly that the criminal detention was caused by a false accusation, you can take two measures: first, send the relevant supporting materials or explanation of the situation to the case-handling organ; Second, send these materials to the prosecution and application section of the procuratorate at the same level as the case-handling organ, and request that the prosecution and application section handle them immediately.

3. Personally, I think that it is not very useful to hire a lawyer at this time, maybe you have spent a lot of money, and the lawyer is not as active as you. At this time, it is better to run more by yourself, and it will be more effective until it is effective.

Find out the facts of the false accusation and file a complaint with the judicial authority.

Answer: If the perpetrator's false accusation does not constitute a crime, he shall be detained for up to 5 days or fined up to 500 yuan; where the circumstances are more serious, they are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB. If the perpetrator's false accusation constitutes a crime, he shall be sentenced to up to three years imprisonment, short-term detention or controlled release; where serious consequences are caused, a sentence of between three and ten years imprisonment is to be given.

Legal basis] Article 243 of the Criminal Law.

Fabricating facts to falsely accuse and frame others, with the intent to cause others to be criminally prosecuted, and the circumstances are serious, is to be sentenced to up to three years imprisonment, short-term detention, or controlled release; where serious consequences are caused, a sentence of between three and ten years imprisonment is to be given.

Where employees of state organs commit the crimes described in the preceding paragraph, they are to be given a heavier punishment.

Where there is no intentional false accusation, but a false accusation, or the report is untrue, the provisions of the preceding two paragraphs do not apply.

Question: What should I do if I am falsely accused of indecent assault and brought to the Public Security Bureau?

Ask how long it will take to release people.

The duration of the response to a general summons or custodial summons must not exceed 12 hours; Where the circumstances of the case are especially major or complex, and it is necessary to employ measures of detention or arrest, the duration of the summons or custodial summons must not exceed 24 hours.

Question: If the truth is ascertained, can I sue the other party for slander? How to sue? Do you want to sue?

The question is whether you want to sue the other party for defamation.

Question: What to do if the false accuser ran away and did not go to the public security bureau.

The evidence is conclusive, and go to the public security bureau to report to the police.