Fighting: Will there be criminal detention after administrative detention?

There are two types of detention: administrative detention and criminal detention. Administrative detention is the most severe form of administrative punishment, and is applicable to violations of the administration of public security that do not constitute a crime, and warnings and fines are not sufficient to punish violations. The period of administrative detention is generally not more than 10 days, and in heavier cases, not more than 15 days.

Criminal detention refers to the compulsory measures temporarily taken by public security organs or people's procuratorates against criminal suspects during the investigation of criminal cases. There are two types of criminal detention periods: 14 days for the general period and 37 days for the extended period.

You have been detained for 25 days and should be criminally detained. If a person is criminally detained on suspicion of intentional injury, and the case is filed and investigated by the public security organ, and the evidence of the crime is sufficient, criminal responsibility will be investigated. Compensation had been made to the victims, which only resolved the issue of civil liability, but would have been helpful in imposing a lighter sentence on criminal liability.

If the injured person is found to have suffered more than minor injuries after a judicial evaluation, and criminal liability is involved and civil compensation is attached, criminal detention may be approved on suspicion of the crime of injury.

Administrative detention is usually applied to cases of serious violations of the administration of public security that do not constitute a crime, and generally lasts for 10-15 days. If the victim is slightly injured or seriously injured, the beater will be held criminally responsible and will be criminally detained.

It wasn't a minor injury. If the injured person changes to minor injuries or more during hospitalization, then there is no need for compensation and mediation after administrative detention, and everything will be decided by the court.

1. Whether the fight is administrative detention or criminal detention.

1. Whether the fight is criminal detention or administrative detention depends on the result of the fight

1) Where the victim's injuries constitute minor injuries, serious injuries, or death, and it is necessary to pursue the criminal responsibility of the criminal suspect, it is criminal detention;

2) If the victim's injuries do not reach the level of minor injuries, he shall be given a public security administrative punishment in accordance with law, which is administrative detention.

2. Legal basis: Article 43 of the Law of the People's Republic of China on Public Security Administration Punishments.

Those who assault others, or intentionally injure others, are to be detained for between 5 and 10 days and 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.

1) Gang up to beat or injure others;

2) Beating or injuring persons with disabilities, pregnant women, persons under the age of 14, or persons over the age of 60;

3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.

2. What are the constituent elements of a criminal offense?

1. The subject of the crime. Age of criminal responsibility. Under the age of 14, do not bear criminal responsibility, and have no capacity for criminal responsibility; Those who have reached the age of 14 but are under the age of 16 shall be criminally responsible for eight types of criminal acts;

2. The subjective aspect of the crime, including the two forms of criminal intent, criminal intent and criminal negligence;

3. The object of the crime. refers to the social relations protected by criminal law and violated by criminal acts;

4. Objective aspects of the crime. It is an act that is harmful to society and should be punished by criminal punishment as stipulated in the criminal law, as well as the result of harm to society caused or likely to be caused by such acts.

Under normal circumstances, if the perpetrator does not cause serious consequences, the act of fighting and brawling only needs to accept administrative punishment. Therefore, the perpetrator of the fight with less serious circumstances needs to be punished by administrative detention. If the circumstances are serious, the crime of intentional injury under the Criminal Law of our country may be violated, and the perpetrator needs to accept the punishment of criminal punishment.

Specifically, if the act of fighting has not yet caused minor injuries to the victim, then there is no need to enter the realm of criminal law. In other words, if the act of assaulting or intentionally injuring another person does not constitute a minor injury, and there are no other serious circumstances, only administrative detention is required, not criminal detention. Specifically, in order to distinguish between administrative detention and criminal detention, it is necessary to distinguish the meaning of the two.

Administrative detention refers to the administrative punishment imposed by the public security organs in accordance with the law on the restriction of the personal liberty of a person who violates administrative legal norms and does not constitute a criminal offense. Criminal detention mainly refers to detention in criminal proceedings, that is, compulsory methods adopted by public security organs and people's procuratorates to temporarily deprive existing criminals or major suspects of their personal liberty in the course of investigation.

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

Article 43: Those who assault others, or intentionally injure others, are to be detained for between 5 and 10 days and 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 persons with disabilities, pregnant women, persons under the age of 14, or persons over the age of 60;

3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.

Criminal Law of the People's Republic of China

Article 234: Intentional injury.

Whoever intentionally injures the body of another person is to be sentenced to up to three years imprisonment, 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 death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. Where this Law provides otherwise, follow those provisions.

Fighting is an illegal act, and if the perpetrator violates administrative regulations, he needs to be given a corresponding administrative punishment by the public security organs.

Legal basis: Article 43 of the "Public Security Punishment Law of the People's Republic of China" Whoever assaults another person, or intentionally harms the body of another person, 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.

1) Gang up to beat or injure others;

2) Beating or injuring persons with disabilities, pregnant women, persons under the age of 14, or persons over the age of 60;

3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.

Legal analysis: Fighting is an illegal act, and if the perpetrator violates administrative regulations, he needs to be given a corresponding administrative punishment by the public security organ.

Legal basis: "Public Security Punishment Law of the People's Republic of China" Article 43 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 yuan; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.

1) Gang up to beat or injure others;

2) Beating or injuring persons with disabilities, pregnant women, persons under the age of 14, or persons over the age of 60;

3) Assaulting or injuring others multiple times, or assaulting or injuring multiple people at a time.