When public security detention is applied, and under what circumstances public security detention ca

Public security detention may be applied in cases where citizens disrupt public order, endanger public safety, infringe on personal rights and property rights, obstruct social management, and are harmful to society but do not constitute a crime.

Legal basis] Article 2 of the Law on Public Security Administration Punishments, if it disrupts public order, endangers public safety, infringes on personal rights and property rights, obstructs social management, and is harmful to society, and constitutes a crime in accordance with the provisions of the Criminal Law of the People's Republic of China, criminal responsibility shall be investigated in accordance with law; where it is not sufficient for criminal punishment, the public security organs are to give public security administrative sanctions in accordance with this Law.

According to article 61 of the Criminal Procedure Law, the public security organs may detain a person who is an active offender or a major suspect if he or she is preparing to commit a crime, committing a crime, or being discovered immediately after committing a crime. If Zhao rushed to Gao's house with a kitchen knife, this was a crime being committed, and it was discovered during the preparation of the crime, which is a statutory emergency and meets the conditions for detention, and Zhao should be detained.

Article 61 of the Criminal Procedure Law: Public security organs may first detain an active offender or a major suspect in any of the following circumstances: (1) Those who are preparing to commit a crime, committing a crime, or who 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.

Circumstances in which public security detention is applicable: In cases where citizens disrupt public order, endanger public safety, infringe upon personal rights and property rights, obstruct social management, and are harmful to society but do not constitute a crime, the public security organs shall impose public security administrative sanctions.

1. Can public security administrative punishment be imposed if the criminal circumstances are minor?

Where the circumstances of the crime are minor and criminal responsibility is not pursued, administrative or public security administrative punishments may be imposed. According to article 16 of the Criminal Procedure Law, in any of the following circumstances, criminal responsibility is not pursued, and where it has already been pursued, the case shall be withdrawn, or the person shall not be prosecuted, or the trial shall be terminated, or the acquittal shall be declared: (1) the circumstances are obviously minor and the harm is not great, and it is not considered a crime; (2) The statute of limitations for prosecution has already expired; (3) Exemption from criminal punishment by amnesty order; (4) Crimes that were handled in accordance with the Criminal Law, and there is no accusation or withdrawal of the accusation; (5) The criminal suspect or defendant is deceased; (6) Other laws provide for exemption from criminal responsibility.

Article 2 of the Law on Public Security Administration Penalties stipulates that if a person disrupts public order, endangers public safety, infringes on personal rights and property rights, obstructs social management, and is harmful to society, and constitutes a crime in accordance with the provisions of the Criminal Law of the People's Republic of China, criminal responsibility shall be investigated in accordance with law; where it is not sufficient for criminal punishment, the public security organs are to give public security administrative sanctions in accordance with this Law. Article 37 of the Criminal Law stipulates that where the circumstances of the crime are minor and no criminal punishment is required, criminal punishment may be waived, but according to the different circumstances of the case, a reprimand or order a statement of repentance, a formal apology, or compensation for losses, or the competent department may give an administrative punishment or administrative sanction.

II. The statute of limitations and basis for prosecution of public security punishments.

Public security administrative punishment refers to the administrative punishment imposed by China's public security organs in accordance with public security administration laws and regulations on illegal acts that disrupt social order, endanger public safety, infringe on citizens' personal rights, infringe on public or private property, and the circumstances are minor but not sufficient for criminal punishment. In other words, the statute of limitations is 6 months.

3. Will there be penalties for fabricating or deliberately disseminating false information about the terrorist epidemic?

Yes. If they spread rumors, falsely report the epidemic situation, police information, etc., or intentionally disrupt public order by other means, and it is harmful to society and is not sufficient for criminal punishment, administrative punishments such as detention and fines shall be given in accordance with the "Public Security Administration Punishment Law" and other provisions; Those who fabricate or disseminate rumors and seriously disrupt social order and constitute a crime shall bear corresponding criminal responsibility.

Article 2 of the Law of the People's Republic of China on Public Security Administration Punishments disrupts public order, endangers public safety, infringes on personal rights and property rights, obstructs social management, and is harmful to society, and constitutes a crime in accordance with the provisions of the Criminal Law of the People's Republic of China, criminal responsibility shall be pursued in accordance with law; where it is not sufficient for criminal punishment, the public security organs are to give public security administrative sanctions in accordance with this Law.

Legal Analysis: Public security detention may be applied in cases where citizens disrupt public order, endanger public safety, infringe on personal rights and property rights, obstruct social management, and are harmful to society but do not constitute a crime. Public security organs may detain current offenders or major suspects in advance if they are preparing to commit a crime, committing a crime, or being discovered immediately after committing a crime.

Legal basis: Article 61 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) 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 or fabricating evidence or colluding confessions.

(6) Not telling their real name or address, and their identity is unclear.

Legal analysis is old-fashioned: disrupting public order, endangering public safety, infringing on personal rights and property rights, obstructing social management, and causing harm to society, and constituting a crime in accordance with the provisions of the Criminal Law of the People's Republic of China, criminal responsibility shall be pursued in accordance with law; where it is not sufficient for criminal punishment, the public security organs are to give public security administrative sanctions in accordance with this Law.

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.

(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.

Article 83: When public security organs carry out detention or arrest in a different location, they shall notify the public security organ for the location of the person being detained or arrested, and the public security organ for the location of the person being detained or arrested shall cooperate.

The circumstances that constitute public security detention are as follows:

1. Disrupting the order of organs, groups, enterprises, or public institutions, causing work, production, business, medical treatment, teaching, and scientific research to be unable to proceed normally, and not causing serious losses;

2. Disrupting the order of stations, ports, docks, airports, shopping malls, parks, exhibition halls or other public places;

3. Disrupting the order of buses, trams, trains, ships, aircraft or other means of public transportation;

4. Illegally intercepting, forcibly boarding, or pickpocketing motor vehicles, ships, aircraft, and other means of transportation, affecting the normal operation of vehicles;

5. Disrupting the order of elections conducted in accordance with law.

The circumstances under which public security detention cannot be imposed are as follows:

1. Those who have reached the age of 14 but are not yet 16 years old;

2. Zheng Tong, who has reached the age of 16 but is not yet 18 years old, violates the administration of public security for the first time;

3. Over 70 years old;

4. Those who are pregnant or breastfeeding their own babies under the age of one.

To sum up, public security detention, as a more serious form of punishment for violating the right to civil liberties, is undoubtedly applicable to more serious violations, and its application is naturally limited to a certain extent. Perpetrators who disrupt public order, impede public safety, infringe on personal rights and property rights, obstruct social management, and are harmful to society, but do not constitute a crime, will be detained by public security; Public security detention is one of the administrative punishments, also known as administrative detention. Administrative detention refers to a punishment measure imposed by the public security organs on citizens who violate administrative laws and regulations to restrict their personal freedom for a short period of time.

The period is more than 1 day and less than 15 days; China's prudent and political detention is mainly public security detention. Since it is a severe administrative punishment, the provisions of the law on this punishment are also strict, and only the public security organs can implement it, and no other administrative organ has the right to enforce it. The place of detention is a public security detention center.

Legal basis]:

Article 23 of the Law of the People's Republic of China on Public Security Administration Punishments.

Those who commit any of the following acts are to be given a warning or a fine of up to 200 RMB; where the circumstances are more serious, they are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB

1) Disrupting the order of organs, groups, enterprises, or public institutions, causing work, production, business, medical treatment, teaching, or scientific research to be unable to proceed normally, and not causing serious losses;

2) Disrupting the order of stations, ports, docks, airports, shopping malls, parks, exhibition halls, or other public places;

3) Disrupting order on buses, trams, trains, ships, aircraft, or other means of public transportation;

4. Shouting filial piety) illegally intercepting or forcibly boarding or pickpocketing motor vehicles, ships, aircraft, and other means of transportation, affecting the normal operation of vehicles;

5) Disrupting the order of elections conducted in accordance with law.

Where a crowd is assembled to carry out the conduct described in the preceding paragraph, the ringleaders are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB.

In the case where citizens, legal persons or other organizations violate the order of administrative management and shall be given an administrative punishment of public security detention, the administrative organ may, in accordance with the provisions of the "Meditation on the Administrative Punishment Law", impose an administrative punishment on the party concerned.

Legal basis] Article 4 of the Administrative Punishment Law of the People's Republic of China.

Where citizens, legal persons, or other organizations violate the order of administrative management and shall be given administrative punishments, they shall be provided for by laws, regulations, and rules in accordance with this Law, and shall be carried out by administrative organs in accordance with the procedures provided for in this Law.

Article 35.

Where the illegal conduct constitutes a crime, and the people's court sentences 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 law.

When the illegal conduct constitutes a crime and the people's court gives a fine, the administrative organ shall deduct the corresponding fine if the administrative organ has already given the party a fine; Where administrative organs have not yet given a fine to the parties, they are no longer to give a fine.