What is the difference between criminal detention and administrative detention?

1) The applicable objects are different. Criminal detention is a compulsory method adopted by the public security organs to temporarily restrict personal liberty of current criminals or major suspects in the course of investigation, while administrative detention is applicable to persons who generally violate the law.

2) The nature of the law is different. Criminal detention is not punitive, but only a temporary safeguard measure, and administrative detention is a punishment.

3) The purpose is different. The purpose of criminal detention is to ensure the smooth conduct of criminal proceedings, while administrative detention is to punish and educate persons who have generally violated the law.

4) The duration of detention is different. Ordinary criminal detention must not exceed 14 days, and the period of detention for major suspects who have committed crimes on the go, multiple crimes, or gangs must not exceed 37 days, while the maximum period of administrative detention is 15 days, and the maximum period of combined detention is not more than 20 days.

The difference between criminal detention and administrative detention is that criminal detention is a suspected criminal offense and is subject to criminal punishment, whereas administrative detention is a public security punishment. Administrative detention is applicable to minor offences in public order cases. This type of detention usually lasts up to 15 days; Criminal detention is only applicable to persons whose conduct is serious and violates the law to the extent that it has committed a crime, and criminal detention can reach a maximum of 37 days, but it cannot be understood that a person will be released as soon as the 37 days are reached, which is completely different from administrative detention.

Legal basis: Article 91 of the Criminal Procedure Law: Where a public security organ finds it necessary to arrest a detained person, it shall submit it to the people's procuratorate for review and approval within three days of the detention. Under special circumstances, the time for submitting a request for review and approval may be extended by one to four days.

For major suspects who have committed crimes on the go, committing crimes multiple times, or committing crimes in groups, the time period for submitting a request for review and approval may be extended to 30 days. The people's procuratorate shall make a decision to approve or not to approve arrest within 7 days of receiving a written request for approval of arrest from the public security organs. Where the people's procuratorate does not approve the arrest, the public security organs shall release them immediately after receiving the notice, and promptly notify the people's procuratorate of the execution situation.

Where it is necessary to continue the investigation and the requirements for release on guarantee pending further investigation or residential surveillance are met, they are to be released on guarantee pending further investigation or placed under residential surveillance in accordance with law. Article 16 of the Law on Penalties for the Administration of Public Security: Where there are two or more violations of the administration of public security, they shall be decided separately and enforced together.

Where administrative detention punishments are to be combined, the longest is not to exceed 20 days.

There is a big difference between criminal detention and administrative detention. First of all, the legal nature of the two is different, and criminal detention is a kind of guarantee measure in criminal proceedings, which is not punitive in itself. Administrative detention, on the other hand, is an administrative punishment imposed in accordance with administrative laws, which is itself punitive. Second, the two are applicable to different objects: criminal detention is applicable to current criminals or major suspects in criminal cases, who are about to be investigated for criminal responsibility; Administrative detention, on the other hand, applies to persons whose violations are punishable in accordance with the corresponding administrative laws, and whose violations do not constitute criminal offenses.

Thirdly, the purpose of application of the two is different, and the purpose of applying criminal detention is to ensure the smooth progress of criminal proceedings; The purpose of administrative detention is to punish and educate people who have violated the law in general. Finally, the maximum period of detention is 14 days for ordinary criminals and major suspects, and 37 days for major suspects who commit crimes on the go, multiple times, or in groups. The maximum duration of administrative detention is 15 days.

3.The objects are different. Criminal detention is mainly directed at criminal suspects.

The targets of administrative detention are mainly offenders who have violated the Law on Administrative Penalties for Public Security. There is a distinction between sin and non-sin. 4.

The duration of detention varies. The period of administrative detention is generally 15 to 20 days. Criminal detention generally lasts between 14 and 33 days.

Criminal detention is a compulsory measure for suspected crimes, while administrative detention is only a measure for violating the law on penalties for public security administration.

The former is detained for violating the penalty, and the latter is detained for violating administrative laws and regulations, the main difference is the nature and circumstances of the offense. The former is a bit more serious.

By current standards. The theft was 2,000 yuan, causing minor injuries and defrauding 5,000 yuan. Most of those who have violated the criminal law are criminally detained.

The theft was less than 2,000 yuan, causing minor injuries. Gambling and fraud of less than 5,000 yuan. Most administrative detention.

Such markings mainly distinguish between criminal and public security.

Legal Analysis: The purpose of criminal detention is to restrict the freedom of the offender, and it does not in itself represent a punitive nature. Administrative detention, on the other hand, is a measure of public security management, the purpose of which is to detain offenders, which is punitive and allows them to receive a certain amount of education.

The second is that the object is different. Criminal detention facilities are aimed at persons suspected of violating the relevant criminal laws and committing criminal acts. However, the targets of administrative detention centers are some lawbreakers, who themselves only violate the regulations of public security administration, and are only illegal acts rather than criminal acts.

The third is that the basis for the two is different. Criminal detention facilities are based on criminal laws and regulations, while administrative detention facilities are based on administrative laws such as law and security administration laws.

Fourth, the duration of detention is different. The duration of criminal detention may not exceed two weeks, i.e. 14 days, while for certain criminal suspects, the maximum period of detention may not exceed 37 days. Administrative detention, on the other hand, may not exceed 15 days.

Legal basis: Article 82 of the Criminal Procedure Law of the People's Republic of China: Public security organs may 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 their surroundings 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 true 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.

Criminal detention and administrative detention are different in terms of legal concepts and statutory periods, administrative detention refers to the most severe punishment given to a person who violates the administration of public security but does not constitute a crime, and is a kind of administrative punishment; Criminal detention, on the other hand, is a temporary compulsory measure taken against an active offender or criminal suspect during the investigation of a criminal case, not a punishment or sanction.

The maximum period of administrative detention is 15 days, and if there are two or more violations of the administration of public security, the maximum period for combined enforcement is 20 days, and if the detention is not satisfied, an administrative reconsideration or administrative lawsuit may be filed; The maximum period of criminal detention is 14 days, and the maximum period is 37 days in cases where there are multiple crimes or gangs.

Administrative detention, as a type of administrative punishment, is not entered into the personnel file, and there is only a record of detention within the public security; Criminal detention is a compulsory measure of temporary deprivation of personal liberty of a criminal suspect, not a punishment, so it itself is not entered into the personnel file, and if there is a violation of the criminal law after the investigation, the procuratorate will generally initiate a public prosecution, and then the court will sentence criminal punishment, and the criminal punishment is to retain a criminal record.

1. What are the provisions on transferring to criminal detention during the period of administrative detention?

In the case of a serious violation of the Public Security Administration Law, administrative detention may be punished with the approval of the public security organ at or above the county level; Criminal detention means that after the public security organs have filed and investigated a criminal case, the criminal suspect or current offender may be placed under criminal detention, and the arrested person will be interrogated within 24 hours of the execution of the criminal detention.

In both types of detention, the arrested person is detained in one of the ways and can be transferred to another situation if there is evidence. For example, if a person is given administrative detention for obstructing official duties, and the subsequent evidence proves that the circumstances are serious, he may be transferred to criminal detention on suspicion of obstructing official duties. On the other hand, if it is a criminal detention and it is later found that it is not sufficient to constitute a criminal case, but it seriously violates the Public Security Administration Law, then it can also be transferred to administrative detention.

Where administrative detention is transferred to criminal detention, the period of administrative detention is not included in the criminal detention; However, where criminal detention is transferred to administrative detention, the time spent in criminal detention is included in the administrative detention.

1.The basis for criminal detention is the Criminal Procedure Law of the People's Republic of China, and the basis for administrative detention is the Administrative Punishment Law. 2.

The nature is different. Criminal detention is a coercive measure to ensure the smooth execution of the proceedings. Administrative detention is a form of punishment in order to warn the perpetrator not to break the law again.

Criminal detention is a suspected crime and may result in jail time. Administrative detention is a violation of the Administrative Punishment Law, and the maximum detention is 5 days.

The difference between criminal detention and administrative detention: (1) The objects to which they apply are different. Criminal detention is a compulsory method adopted by the public security organs to temporarily restrict personal liberty of current criminals or major suspects in the course of investigation, while administrative detention is applicable to persons who generally violate the law. 2) The nature of the law is different.

Criminal detention is not punitive, but only a temporary safeguard measure, and administrative detention is a punishment. 3) The purpose is different. The purpose of criminal detention is to ensure the smooth conduct of criminal proceedings, while administrative detention is to punish and educate persons who have generally violated the law. 4) The duration of detention is different. Ordinary criminal detention must not exceed 14 days, and the period of detention for major suspects who have committed crimes on the go, committed multiple crimes, or committed crimes in groups must not exceed 37 days, while the maximum period of administrative detention is 15 days.