Do I still need to be detained for a stay of execution, and can I not be detained after a suspension

After the end of the suspension of administrative detention, detention will generally be carried out, but whether the detention will still be carried out depends on the specific circumstances. If the penalty decision for administrative detention is revoked, there will be no detention. If the enforcement of the administrative detention punishment is evaded after the suspension of enforcement, the administrative detention decision that has already been made shall still be enforced.

Legal basis: Article 107 of the Law on Public Security Administration Punishments.

Where the person being punished is dissatisfied with the administrative detention punishment decision 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 of 200 yuan per day of administrative detention, and the punishment decision for administrative detention is suspended.

Article 110 of the Law on Public Security Administration Punishments.

Where a person who has been given a decision to be given an administrative detention penalty pays a guarantee deposit, and after suspending administrative detention, evades the enforcement of the administrative detention punishment, the guarantee deposit is to be confiscated and turned over to the state treasury, and the administrative detention decision that has already been made shall still be enforced.

Article 111 of the Law on Public Security Administration Punishments.

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.

Suspension of enforcement is a ruling made after the trial of a case based on the nature of the case. As a party to the case, as long as there are no recidivists during the suspension period and there is no new evidence in the case, the case will generally not be taken into custody and detained.

Legal Analysis: It is possible not to be detained after a stay of detention. Where the person being punished is dissatisfied with the administrative detention punishment decision and applies for reconsideration or initiates an administrative lawsuit, he may submit an application to the public security organ for a suspension of administrative detention.

Only when the results of the administrative reconsideration and administrative litigation have been reached can a decision be made on whether or not to enforce the administrative detention. If it turns out that they should not be placed in administrative detention, they will be released.

Legal basis: "Law of the People's Republic of China on Public Security Administration Punishments" Article 107 Where a penalized person is dissatisfied with a decision to impose a penalty of administrative detention and applies for administrative reconsideration or initiates an administrative lawsuit, he may submit an application to the public security organ for suspension of administrative detention. Where the public security organs find that the suspension of administrative detention will not cause danger to society, the punishment decision for administrative detention is to be suspended by the punishment decision of the penalized person Yu Liangsou or his close relatives who meet the requirements provided for in article 108 of this Law, or by paying a guarantee deposit of 200 yuan per day of administrative detention.

Legal Analysis: 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 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 punishment decision of administrative detention is to be suspended by the punishment decision of the penalized person or his close relatives to submit a guarantor who meets the requirements provided for in article 108 of this Law, or to pay a guarantee deposit of 200 yuan per day of administrative detention.

Legal basis: "Administrative Punishment Law of the People's Republic of China" Article 107: 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 of Article 108 of this Law, or pay a guarantee deposit of 200 yuan per day of administrative detention, and the punishment decision for administrative detention is suspended.

If the punishment is administrative detention, the detention shall not be carried out temporarily.

In judicial practice, administrative cases and civil cases often need to be enforced, and after the judgment or ruling of the court takes effect, the person subject to enforcement needs to be enforced, and if it is not enforced, the other party may apply for compulsory enforcement.

According to the provisions of the "Public Security Administration Punishment Law", after the administrative organ makes an administrative penalty decision, if the penalized person applies for administrative reconsideration or administrative litigation, the penalized person may apply for a suspension of the administrative punishment, and the public security organ may approve the suspension of the administrative punishment if the party concerned provides a guarantee, and if the punishment is administrative lease detention, the detention shall not be carried out temporarily.

According to the provisions of the "Administrative Punishment Law", after the administrative organ makes a penalty decision, if the party applies for administrative reconsideration or the person who has made the judgment initiates an administrative lawsuit, the administrative punishment does not stop the execution of the false trust, and if the punishment is detention, the detention punishment needs to be enforced.

According to the provisions of the Administrative Coercion Law, if the administrative coercive measures taken restrict personal freedom, the enforcement may be suspended when the circumstances prescribed by law occur.

Code of Civil Procedure

Article 231: Enforcement guarantees.

In the course of enforcement, if the person subject to enforcement provides a guarantee to the people's court, and with the consent of the person applying for enforcement, the people's court may decide to suspend enforcement and the period for suspending enforcement. If the person subject to enforcement still fails to perform within the time limit, the people's court has the right to enforce the property of the person subject to enforcement or the property of the guarantor.

Administrative detention may apply for a stay of service.

Where the penalized person does not accept the administrative detention punishment decision, applies for reconsideration or initiates an administrative lawsuit, he may submit an application to the public security organ for a suspension of administrative detention. Therefore, the premise of suspending enforcement is to apply for administrative reconsideration or file an administrative lawsuit, and only after the result of the administrative reconsideration or administrative lawsuit can a decision be made on whether or not to enforce the administrative detention. The time limit for administrative reconsideration is 60 days, and the administrative reconsideration organ shall make an administrative reconsideration decision within 60 days from the date of accepting the application.

The time limit for the trial of the first-instance trial of administrative litigation is three months, and the people's court shall make a first-instance judgment within three months of the date on which the case is filed.

Is the administrative detention still enforced after the execution of the manuscript is suspended?

Suspended administrative detention is not carried out unless the conditions are violated.

The following conditions shall be met for the suspension of administrative detention:

First, the detainee applied for administrative reconsideration or filed an administrative lawsuit in accordance with the law.

This is a prerequisite for the application of a stay of administrative detention.

If the detainee does not apply for administrative reconsideration or initiate an administrative lawsuit, the suspension of administrative detention shall not be applied.

Similarly, if the administrative reconsideration organ has already made a decision not to accept the administrative reconsideration before the public security organ makes the decision to suspend the administrative detention, or the people's court has already ruled not to accept the administrative lawsuit, the administrative detention suspension shall not be applied to the detainee.

Second, the detainee submitted an application for suspension of administrative detention.

An application for suspension of administrative detention may be submitted at the same time as the application for administrative reconsideration or the initiation of an administrative lawsuit, or during the period of administrative reconsideration or administrative litigation, but it must be submitted before the administrative detention punishment decision has not been enforced or has not been completed.

This is because if the administrative detention decision has been actually implemented, there is no question of applying the suspension of administrative detention.

It should be noted here that an application for a stay of administrative detention must be made by the detainee himself, and no one of his close relatives or others has the right to do so.

Legal basis: Article 107 of the Public Security Administration Punishment Law: Where a person being punished is dissatisfied with a decision on 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 of administrative detention shall be suspended.