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Subjects are detained for ten days if they get into a fight, and they are generally not allowed to come out early. If eligible, you can apply for a stay of detention. 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. Where the penalized person is dissatisfied with the administrative detention punishment decision and applies for administrative reconsideration or initiates an administrative lawsuit, he may submit an application for suspension of administrative detention to the public security organ that made the administrative detention decision; 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. Where the person being punished 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 public security organs shall make a decision within 24 hours of receiving an application for suspension of administrative detention from the person being punished. Where the public security organs find that the suspension of administrative detention will not cause danger to society, and the person being punished or his close relatives submit a guarantor who meets the requirements, or pay a guarantee deposit of 200 yuan per day of administrative detention, they shall make a decision to suspend the administrative detention. For the same penalized person, they must not be ordered to submit a guarantor and pay a guarantee deposit at the same time.
Where the penalized person has already been sent to the detention center for enforcement, the public security organs shall immediately send the decision to suspend administrative detention to the detention center, and the detention center shall immediately release the penalized person.
Article 107 of the Public Security Administration Punishment Law of the People's Republic of China: Where a person being punished is dissatisfied with a decision to punish 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.
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Summary. Article 43 of the Public Security Administration Punishment Law of the People's Republic of China "Whoever assaults another person, or intentionally injures the body of another person, shall be detained for not less than 5 days but not more than 10 days, and shall also be fined between 200 and 500 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB. In any of the following circumstances, they are to be detained for between 10 and 15 days and fined between 500 and 1,000 RMB
1) Gang up to beat or injure others; (2) Beating or injuring a disabled person, a pregnant woman, a person under the age of 14, or a person over the age of 60; (3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.
Am I in a fight? Ten days in detention? Is it possible to come out early.
Hello, generally no.
Unless coercive measures have been taken prior to detention.
Detention is generally not subject to early release. However, for persons who have been given the punishment of administrative detention, the time for which compulsory measures have already been taken to restrict their personal liberty for the same act before the punishment shall be deducted. One day of restriction of personal liberty is to be offset by one day of administrative detention.
The time for questioning and verification, continued interrogation, and the adoption of restrictive measures will not be deducted. Where the period of restriction of personal liberty by compulsory measures exceeds the period of administrative detention for which the decision is made, the administrative detention decision is no longer enforced.
I was detained for a few days.
Article 43 of the Law of the People's Republic of China on Public Security Administration Punishments ("People's Republic of China on Public Security Administration Punishments" Whoever assaults another person, or intentionally injures another person's body, is to be detained for not less than 5 days but not more than 10 days, and is also fined between 200 and 500 yuan; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB. In any of the following circumstances, they are to be detained for between 10 and 15 days and fined between 500 and 1,000 RMB: (1) Assaulting or injuring others in a group; (2) Beating or injuring a disabled person, a pregnant woman, a person under the age of 14, or a person over the age of 60; (3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.
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Summary. Hello, it is generally not possible to come out in advance.
Am I in a fight? Ten days in detention? Is it possible to come out early.
Hello, it is generally not possible to come out in advance.
Where a person is given a punishment of detention by a public security officer due to illegal conduct, the punishment may be commuted or waived if the circumstances are particularly minor, meritorious service, and so forth. However, there is no provision for early release after the public security organs have made a decision to detain and punish them. Be a relative.
Article 43 of the Public Security Administration Punishment Law Whoever assaults another person or intentionally injures another person's body shall be detained for not less than 5 days but not more than 10 days and shall also be fined not less than 200 yuan but not more than 500 yuan; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB. In any of the following circumstances, they are to be detained for between 10 and 15 days and fined between 500 and 1,000 RMB: (1) Gang beating or injuring others; (2) Beating or injuring a disabled person, a pregnant woman, a person under the age of 14, or a person over the age of 60; (3) Sun Qiao repeatedly beats or injures others, or beats or injures multiple people at one time.
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In practice, it depends on the reason for the detention, and the detention will generally have a case record, but it is necessary to determine what kind of detention and what kind of case record it is based on the circumstances of the parties.
1. The term "case record" is not a legal term, but a common term. It can be called a bad record from an administrative law point of view, and a criminal record from a criminal law point of view.
2. For those who are subject to administrative punishments such as detention, the relevant case files and information will definitely be kept in the public security organs, but this information will not be online. In other words, as long as it is not involved in other cases, other people cannot be transferred, so it will basically not affect life, including school entrance examinations, job recruitment, etc.
3. The criminal record is more serious, and there is a special system to record it. Having this kind of record will affect the future life, that is, the person concerned can no longer issue a certificate of no criminal record from the public security organ, and for some professional parties who have requirements, they cannot enter.
1. Will administrative punishment for drunk driving affect children?
The administrative punishment of drunk driving is not a stain, unlike the criminal case of drunk driving, and there will be no criminal record in the individual's file, just like the usual violation. If you are punished with administrative detention, then the record of detention will always be in the system of the public security organ, and it will have a certain impact, but the impact is not very large. However, if it is drunk driving, the impact will be greater, and it will be recorded in the personal file, which will affect the handling of civil servants, lawyers, enlistment, going abroad and other matters.
2. What is considered a criminal record?
A criminal record generally refers to a person's past criminal record. Also known as the criminal record system for criminals, in Chinese law, it generally refers to the file records with a criminal record, and the criminal file is generally stored in the public security department for preservation. A person with a criminal record is usually presented as a repeat offender.
1. As long as the case involved is finally confirmed to be true of the illegal crime, the case record will be left, regardless of whether the actual punishment is received.
2. The punishment obtained by different case records is also different, and there are generally the following situations:
1) If it is an administrative penalty, a general fine and detention, it will not have much impact on life.
2) If you are detained or forcibly rehabrated for drug use, then the information will be entered in the national anti-drug system, when you go to other places, if you live in a hotel, there will generally be a police system in the local police station to ask the local police station to investigate you.
3) If it is re-education through labor or custody education, then in addition to going abroad and changing households, everything else will have a great impact.
3. To check whether you have a case record in the public security bureau, you should go to the public security organ with a valid certificate to check it.
Article 115 of the Civil Procedure Law imposes a fine of less than RMB 100,000 on Hu Yimu. The amount of the fine imposed on the unit shall be between RMB 50,000 and RMB 1,000,000.
The period of detention is not more than 15 days.
Detained persons are to be handed over by the people's courts to the custody of the public security organs. During the period of detention, if the detainee admits and corrects his mistake, the people's court may decide to release him from detention in advance.
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Only when the gross type is constructed to be a minor injury or more can the crime of intentional injury be convicted, and only after being prosecuted by the criminal law can the stool-type sentence be abolished. Hitting a person to a minor injury is only enough to be punished by public security. According to Article 43 of the Public Security Administration Punishment Law:
Whoever assaults another person, or intentionally injures another person's body, is to be detained for not less than 5 days but not more than 10 days, and is also to be fined between 200 and 500 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB. In any of the following circumstances, they are to be detained for between 10 and 15 days and fined between 500 and 1,000 RMB: (1) Gang beating or injuring others; (2) Beating or injuring a disabled person, a pregnant woman, a person under the age of 14, or a person over the age of 60; (3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.
So it can be detained. If you go to court, because it is not enough to commit a crime, you can only file a civil lawsuit to demand compensation for medical expenses, an apology and compensation for moral damagesFor the question of how many days of detention at the police station due to a fight, please refer to the above legal basis.
Article 234 of the Criminal Law Whoever intentionally injures the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release. Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes the death of a person or seriously injures a person by especially cruel means and causes serious disability shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where this Law provides otherwise, follow those provisions.
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