Which is more serious, criminal detention or administrative detention

Of course, the criminal detention is serious, and this criminal detention is basically to be sentenced, commonly known as imprisonment, and it will be a criminal record in the future, which will be affected in many ways.

Criminal detention is criminal detention, and public security detention is administrative detention, and the differences between the two are as follows:

1. The nature of the law is different: criminal detention is a compulsory measure to ensure the smooth progress of criminal proceedings, and it is not punitive in itself; Administrative detention is punitive in nature for those who violate the Public Security Administration Punishment Law.

2. The applicable objects are different: criminal detention of current criminals or major suspects; Administrative detention of persons who violate the Public Security Administration Punishment Law and do not constitute a crime.

3. Different legal bases: Criminal Procedure Law; Administrative detention, the Public Security Administration Punishment Law, the Administrative Punishment Law and other administrative regulations.

4. The applicable purposes are different: criminal detention prevents criminal suspects from escaping, committing suicide, or continuing to endanger society, and ensures the smooth progress of criminal proceedings;

Administrative detention punishes ordinary administrative offenders.

5. The applicable organs are different: criminal detention is decided by the public security organs and people's procuratorates, and the public security organs enforce it; Administrative detention is to be decided and enforced by the public security organs.

Criminal detention is severe. Criminal detention is due to suspicion of violating criminal law. The point is that there is no conviction at this time, and the public security organs will supplement the investigation evidence during the criminal detention period.

At the end of the supplementary investigation, the person suspected of committing the crime and the evidence of the crime will be handed over to the court, and then the court will hear how the judgment should be punished.

As for administrative detention, theoretically it has not violated the criminal law, but it has only violated the regulations on the administration of public security, and it will be fine after a few days.

It must be that the criminal detention is more serious, and the criminal detention generally means that the idler has been suspected of a criminal offense. Administrative detention only violates the Public Security Administration Punishment Law, and the violation is relatively minor. In addition, if the criminal detention develops further, it is possible to make an arrest, and if it continues to develop, the court may judge the child's employment in the future.

In the case of administrative detention, such serious effects generally do not occur.

If you only talk about the detention itself, administrative detention is more serious, and administrative detention is the result of punishment, which is already a foregone conclusion, and your detention is definitely an administrative violation. Criminal detention is only a coercive measure, and you have not been convicted at this time. Temporary restriction of personal liberty only to prevent you from escaping or continuing to commit crimes.

But when it comes to the end result, it is often the criminal detention that is more serious. Because in most cases, criminal detention is when there is prima facie evidence that you have committed a crime, then the next step is to approve the arrest, review the prosecution, and finally go to jail or even the death penalty.

Of course, the criminal detention is serious. Criminal detention means that a crime has been suspected, while administrative detention has not yet reached the level of a crime.

Criminal detention is a criminal suspect, and administrative detention is a violation of public security regulations if it does not reach the level of a crime. Therefore, criminal detention is much more serious than administrative detention.

Legal analysis: Which is more serious should be analyzed according to the actual circumstances of the case. Criminal detention of blind friends refers to compulsory measures taken by public security organs in accordance with the provisions of the Criminal Procedure Law to temporarily restrict the personal liberty of existing criminals or major suspects who should be arrested; Administrative detention refers to an administrative punishment method adopted by the public security organs to deprive a person of his or her personal liberty against a person who violates the administration of public security.

It is possible that a person who has been detained has violated the criminal law, but he may also be acquitted after the facts have been clarified; On the other hand, those who are subject to administrative detention are those who have seriously violated the administration of public security but do not constitute a crime.

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

Article 82: Public security organs may first 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 of suspicion;

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.

Law of the People's Republic of China on Public Security Administration Punishments

Article 10: The types of public security administrative punishments are divided into:

a) Warning; b) fines;

3) Administrative detention;

4) Revoke permits issued by public security organs.

Legal Analysis: Compared with criminal detention, administrative detention should be more severe and severe. Administrative detention is an administrative punishment that restricts one's person for a short period of time, while criminal detention is a coercive measure in criminal proceedings and is likely to result in a criminal sentence later.

Legal basis: Article 82 of the Criminal Procedure Law of the People's Republic of China: Public security organs may first detain current offenders or major suspects if they return to the city 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.

Legal Analysis: And God.

Criminal detention is more serious than administrative detention, which is an administrative punishment and a violation of the law. Criminal detention means that the person concerned has been suspected of committing a crime, and the next step is to face arrest, sentencing, and imprisonment. Records of administrative detention generally do not affect the person's future life.

However, if a person is sentenced to a criminal penalty after being detained, it will affect the application for public service in the future. Administrative detention refers to the most severe sanction given to general violations of the "Public Security Administration Punishment Law of the People's Republic of China", which is a type of administrative punishment. Criminal detention refers to the compulsory measures temporarily taken by public security organs or people's procuratorates against current criminals or major suspects during the investigation of criminal cases.

The public security organs shall interrogate the detained person within 24 hours of detention. If the detainee is granted arrest, the case is heard in accordance with the Code of Criminal Procedure, and if the detainee is acquitted after the trial, the arrested person can apply for compensation from the State. Criminal detention is not a punishment or sanction.

Legal basis: Law of the People's Republic of China on Public Security Administration Punishments Article 83: After being summoned, the public security organs shall promptly inquire and verify the violators of the administration of public security, and the time for questioning and verification must not exceed 8 hours; Where the situation is complicated and the punishment of administrative detention might be applied in accordance with the provisions of this Law, the time for questioning and verification must not exceed 24 hours. The public security organs shall promptly notify the family of the summoned person of the reason for the summons and the location.

Criminal Procedure Law of the People's Republic of China》 Article 80: Public security organs may take into custody in advance under the following emergency circumstances:

1) They are preparing to commit a crime, committing a crime, or are discovered immediately after committing a crime; The so-called preparation for crime refers to the preparation of tools and the creation of conditions for the purpose of Ye Hui's crime. The commission of a crime refers to the activity in which a crime is being committed.

There shall be certain evidence to prove that the current offender or major suspect is preparing to commit a crime, committing a crime, or being discovered immediately after committing a crime.

2) Where the victim or a person who witnessed the crime identifies him as a criminal suspect, that is, a person who has been directly harmed by the criminal act or a person who witnessed the criminal activity at the scene of the crime identifies a person as a criminal suspect.

3) Evidence of a crime is found in the vicinity or residence; The so-called body refers to the body, clothing, and items that are carried with them. The so-called residence includes permanent and temporary residence, office location, etc.

4) Attempting suicide, escaping, or being at large after committing a crime; After committing the crime, there is certain evidence showing that there were attempts or signs of suicide or escape, or that they have fled after committing the 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; This refers to the person who refuses to disclose his or her name, address, occupation, and other basic information.

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 is more serious than administrative detention. Administrative detention is an important and common type of administrative punishment. Administrative detention refers to an administrative punishment in which a statutory administrative organ (specifically referring to a public security organ) restricts the personal freedom of a person who violates administrative laws and norms for a short period of time in accordance with the law.

Administrative detention is the most severe administrative punishment, which is usually applied to situations where serious violations of public security administration do not constitute a crime, and warnings and fines are not enough to punish them. Detention in criminal proceedings is a compulsory method adopted by the public security organs and the people's procuratorate to temporarily deprive the current offender or major suspect of his personal liberty in the course of investigation and when encountering a statutory emergency. Criminal detention must meet two conditions at the same time:

First, the target of detention is an active offender or a major suspect. An active offender is a person who is committing a crime, and a major suspect is a person who has evidence to prove that he is suspected of committing a major crime. Second, it has one of the statutory emergency circumstances.

Articles 80 and 163 of the Criminal Procedure Law provide different provisions for detention by the public security organs and detention by the people's procuratorates.

Which is more serious, criminal detention or administrative detentionCriminal detention is more serious than administrative detention. Administrative detention is an important and common type of administrative punishment.

Administrative detention refers to an administrative punishment in which a statutory administrative organ (specifically referring to the public security organ) restricts the personal freedom of a person who violates the norms of administrative law in accordance with the law. Administrative detention is the most severe administrative punishment, which is usually applied to situations where serious violations of public security administration do not constitute a crime, and warnings and fines are not enough to punish them. Detention in criminal proceedings is a compulsory method adopted by the public security organs and people's procuratorates to temporarily deprive a person of his or her personal liberty in the course of investigation of a case directly accepted by the people's procuratorate and in the event of an emergency prescribed by law.

Criminal detention must meet two conditions at the same time: first, the object of detention is an active offender or a serious suspect. An active offender is a person who is committing a crime, and a major suspect is a person who has evidence to prove that he is suspected of committing a major crime.

Second, it has one of the statutory emergency circumstances. Articles 80 and 163 of the Code of Criminal Procedure provide different provisions for detention by the public security organs and detention by the people's procuratorates.

Article 82 of the Criminal Procedure Law of the People's Republic of China: Public security organs may first detain current offenders or major suspects in any of the following circumstances: (1) Those who 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 nuclear weapons, 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.