An administrative fine has been made and the case has been closed, can I still impose another admini

An administrative fine has already been imposed, and no further punishment may be imposed after the case has been concluded. If other illegal acts are discovered, administrative detention may be made for other acts. Administrative detention is the most severe form of administrative punishment, and is usually applied to situations where serious violations of public security administration do not constitute a crime, and warnings and fines are not sufficient punishments.

According to Article 8 of the Administrative Punishment Law of the People's Republic of China, the types of administrative punishments:

a) Warning; b) fines;

3) Confiscation of unlawful gains and confiscation of illegal property;

4) Order the suspension of production and business;

5) Temporarily withholding or revoking permits, or suspending or revoking licenses;

6) Administrative detention;

7) Other administrative punishments provided for by laws and administrative regulations.

Article 24: The same illegal conduct of a party must not be given an administrative penalty of two or more fines.

There are two things to say about this. The question you ask depends on whether you are a public security organ or an ordinary administrative organ. If it's a police officer, you can't do it anymore. In the case of a general administrative agency, it also depends on the circumstances.

On the basis of the principle of non res judicata, the same administrative organ must not give the perpetrator two or more different types of administrative punishments on the same grounds and legal basis.

First of all, you have already made a penalty decision, and later found that the punishment was not appropriate, and you want to make another administrative penalty decision, which is a procedural violation.

Second, it does not mean that penalties cannot be imposed at the same time, but they need to be made together in one penalty document or one administrative penalty.

Finally, different administrative organs are different, whether it is the same act, such as sand mining by the perpetrator, violent resistance in law enforcement, these are two reasons, the previous punishment can be based on the water law, and administrative detention can be based on the public security management regulations, so that administrative punishment can be made.

Handmade, hope to help you!

Is it because of the same thing? Are the penalties all the same or different? Tell us about the specifics.

According to the law, administrative detention can only be determined by the public security organs at or above the county level. The handling of the transformation of administrative cases into criminal cases shall be implemented in accordance with the "Reply of the Legislative Affairs Bureau of the Ministry of Public Security on How to Handle the Original Administrative Cases after the Handling of Administrative Cases into Criminal Cases" (November 1, 2004).

Hainan Provincial Public Security Department Legal Department:

You have received the "Request for Instructions on How to Handle the Need to Investigate Criminal Responsibility for the Same Illegal Conduct after the Conclusion of an Administrative Punishment Case" (Qiong Gong Fa Zi [2004] No. 24). After study, the reply is as follows:

Where, in the course of handling an administrative case, a public security organ discovers that the same illegal act is suspected of being a crime, if the administrative case has not yet been concluded, it may be directly transferred to a criminal case and there is no need to perform revocation formalities. If a punishment decision has already been made in an administrative case, the administrative punishment shall be revoked first, and then transferred to a criminal case. Where the requirements for criminal detention provided for in article 61 of the Criminal Procedure Law are met, criminal detention measures may be taken against the criminal suspect.

The nature of administrative detention and criminal detention is different, and administrative detention cannot be discounted from criminal detention.

If a party is dissatisfied with an administrative punishment decision made by a public security organ on administrative detention, he or she may apply for an administrative reconsideration or initiate an administrative lawsuit, which may be revoked; If a public security organ discovers that an administrative detention decision has been made in error, it may also take the initiative to revoke it.

Article 107 of the Public Security Administration Punishment Law: Where a penalized person is dissatisfied with a decision on the punishment of administrative detention and applies for administrative reconsideration or initiates an administrative lawsuit, he may submit an application to the public security organ for a suspension of administrative detention.

Where the public security organs find that the suspension of administrative detention will not cause danger to society, the person being punished or his close relatives is to submit a guarantor who meets the requirements provided for in article 108 of this Law, or pay a guarantee deposit at the rate of 200 yuan per day of administrative detention, and the punishment decision for administrative detention is suspended.

Article 111: Where the punishment decision for administrative detention is revoked, or enforcement of the punishment for administrative detention begins, the guarantee deposit collected by the public security organs shall be promptly returned to the person who paid it.

The second paragraph of Article 54 of the Administrative Punishment Law stipulates that "citizens, legal persons or other organizations have the right to appeal or report administrative punishments imposed by administrative organs; Administrative organs shall earnestly review and discover that there are errors in administrative punishments, and shall take the initiative to correct them." The administrative law enforcement procedures of various provinces basically also clearly stipulate that mistakes should be corrected on their own initiative.

1. The Public Security Bureau can be revoked.

2, but it's not the committee you mentioned, but it has to be revoked in the name of the Public Security Bureau to be effective.

The Public Security Bureau can certainly be abolished.

However, it was revoked by the department that made the decision in the first place.

There is obviously a question of the time limit for appeals.

The time limit for appealing to the question you provided has passed, and it is illegal for the Public Security Bureau to do so.

So the answer is: the title can example can't.

According to the provisions of law, if the penalized person submits an application for suspension of administrative detention during the period of administrative detention, the detention center shall immediately transfer the application to the public security organ that made the administrative detention decision. Whether or not to approve the approval is to be decided by the public security organs in accordance with the statutory requirements.

1. Article 194 of the "Provisions on the Procedures for the Handling of Administrative Cases by Public Security Organs" The public security organ that made the decision shall send the person who has been sentenced to administrative detention to the detention center for enforcement. Where enforcement is resisted, restraining police equipment may be used.

2. Article 196: Where a person being punished is dissatisfied with a decision to impose a punishment on administrative detention and applies for administrative reconsideration or initiates an administrative lawsuit, he may submit an application to the public security organ that made the decision to suspend the execution of administrative detention; Where an application is submitted orally, the people's police of the public security organs shall record it, and the applicant is to sign or leave a fingerprint.

3. Where the penalized person submits an application for suspension of administrative detention during the period of administrative detention, the detention center shall immediately transfer the application to the public security organ that made the administrative detention decision.

The answer is not really. Article 21 of China's Law on Administrative Penalties for Public Security stipulates the circumstances under which administrative detention is not enforced: "In any of the following circumstances, the person who violates the administration of public security shall be punished with administrative detention in accordance with this Law, the punishment of administrative detention shall not be enforced:

Those who have reached the age of 14 but are not yet 16 years old; 2.Those who have reached the age of 16 but are not yet 18 years old, and who have violated the administration of public security for the first time; 3.Over the age of 70; 4.

Those who are pregnant or breastfeeding their own infant under the age of one. ”

You haven't implemented it yet, it may be the cause of the epidemic, and if you have the conditions for enforcement, you will still enforce it, although you have gone through the detention procedures, but you end up in the detention center, is it an administrative detention punishment, can the household registration police station find out?

Administrative detention can only be found on the public website of the police station, you can bring your ID to ask hello, are you satisfied with the answer I provided? If you have anything else you would like to ask, please let us know and I will do my best to answer them.

Thank you for your question.

Generally speaking, the maximum period of administrative detention is 15 days, and the end of the punishment indicates the closure of the case, and as for civil compensation, the victim can file a lawsuit with the people's court for compensation.

Administrative detention is the result of punishment, and the case is closed after the execution is completed.

What if the other party is held accountable.

It is sufficient to meet the standards for filing a case, and if a sentence is given in the future, the time of administrative detention may be offset against the sentence.

The reply of the Supreme People's Court in 1957 Fa Yan Zi No. 20358 stipulates: "If the criminal act for which the defendant is sentenced is the same act as the previous act of administrative detention, the date of his detention shall be deducted from the sentence." ”

On February 23, 1988, the Reply of the Research Office of the Supreme People's Court on the Issue of Reducing the Period of Administrative Detention into a Sentence (Hubei Provincial High Court) reaffirmed the validity of this provision and explained the "same act".

Where there is new evidence after administrative detention to confirm that he is suspected of committing a crime, criminal responsibility shall be pursued.

1. Article 28 of the Administrative Punishment Law stipulates that when the illegal act constitutes a crime and the people's court sentences him to short-term detention or fixed-term imprisonment, and the administrative organ has already given the party administrative detention, the corresponding sentence shall be deducted in accordance with the law.

2. For those who are sentenced to controlled release for committing a crime, Article 41 of the Criminal Law stipulates that if the sentence of controlled release is taken into custody before the judgment is enforced, 1 day of detention shall be deducted from 2 days of the sentence.

3. Articles 44 and 47 of the Criminal Law stipulate that a person who is detained before the judgment is executed shall be deducted from the sentence by one day for one day of detention.

4. For those who are sentenced to a suspended sentence for committing a crime, in view of the fact that Article 73 of the Criminal Law stipulates that the probationary period of a suspended sentence shall be calculated from the date on which the judgment is determined. Therefore, the sentence is not deducted.

Where an administrative organ has already imposed an administrative punishment for the same act, specifically administrative detention, and is later sentenced to fixed-term imprisonment or other punishment that restricts personal liberty, it can be offset.

Article 28 of China's "Administrative Punishment Law" stipulates: "When an illegal act constitutes a crime and the people's court sentences him to short-term detention or fixed-term imprisonment, and the administrative organ has already given the party an administrative detention, the corresponding sentence shall be deducted in accordance with law." Where the illegal conduct constitutes a crime, and when the people's court gives a fine, and the administrative organ has already given the party a fine, the corresponding fine shall be deducted. ”

Penalty. Administrative detention is a type of public security punishment and may be carried out separately or concurrently. For example, administrative detention and fines.

It may be carried out at the same time, and in accordance with the provisions of the Public Security Punishment Law, in some public security cases, detention may be carried out for up to 15 days and a concurrent penalty of imprisonment may be imposed.

Good! In accordance with the relevant laws and regulations, combined penalties may be imposed at the same time.

However, if the offender has been fined or detained alone, the law enforcement agency cannot impose administrative penalties on the offender.

According to the provisions of the Administrative Punishment Law: no penalty will be imposed on any matter.

If the law enforcement agency has already punished the violator, and then punishes the violator again on the same facts and reasons, it is a duplicate punishment. In case of violation of the provisions of the Administrative Punishment Law, the offender has the right to file a complaint.