Public security detention will not be converted into criminal detention

Can public security detention be transferred to criminal detention? If you want to solve this problem, you must first understand what is public security detention and what is criminal detention, and what is the difference between the two. Only by clarifying this can we understand whether public security detention can be transferred to criminal detention.

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.

Administrative detention is a punishment that restricts a citizen's personal freedom, and it is also one of the most severe punishments in administrative punishment. Criminal detention is a temporary measure to complement criminal proceedings. In accordance with the Criminal Procedure Law, the public security organs shall decide to criminally detain persons in 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 was present and saw the crime confessed to 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. Therefore, if the investigation during the period of public security detention constitutes a criminal offence, then it may be converted to criminal detention.

Administrative detention may be transferred to criminal detention, but criminal detention cannot be transferred to administrative detention.

Clause. 1. The conversion of criminal detention into administrative detention has no legal basis and lacks legal principles.

Criminal detention is provided for in the Criminal Procedure Law, and administrative detention is stipulated in the Law on Administrative Penalties for Public Security. Neither of these two departmental laws provides that criminal detention can be converted or deducted from administrative detention, nor is there a common superior law that can be converted or deducted. In 2004, the Ministry of Public Security's Reply to the Question of Whether the Time of Criminal Detention Can Be Converted into the Time of Administrative Detention stated that "with the consent of the Legislative Affairs Commission of the Standing Committee of the National People's Congress, if the act of the perpetrator being criminally detained in accordance with the law is the same as the act of being placed in administrative detention in accordance with the law, the time of the criminal detention shall be reduced to the time of administrative detention."

Where a person who is wrongfully criminally detained without the facts of a crime or who is not proven to be a major suspect of a crime, state compensation shall be given in accordance with law. However, if administrative detention is adjudicated in accordance with law for the same act, and the time of criminal detention has been deducted from the time of administrative detention, no compensation shall be given to the state for the time of criminal detention that has already been deducted. "But in the absence of a provision in the law, the MPS's documents are clearly ultra vires.

Subsequently, Article 184 of the Ministry of Public Security's Procedural Provisions on the Handling of Criminal Cases, which came into effect in January 2013, also stipulates that after a criminal case is withdrawn, it may be transferred to the administrative department. However, departmental rules obviously should not involve the deduction of personal freedom, which should have been the legislative content of the law.

Clause. 2. The conversion of criminal detention into administrative detention has opened a back door to ** and reduced the rights of the parties.

If the conversion of criminal detention to administrative detention is justified, it means that once the police find that something is wrong in handling a criminal case, they can turn to public security punishment. There is a risk of abuse of power without taking responsibility. Second, in the face of the administrative punishment of transformation, the parties have lost the right to defend themselves and the right to suspend the execution of the public security detention period, and can only be arrested.

Thirdly, there is no penalty for violating the "no penalty for any matter". For the same act, he has already been criminally detained, and then he is administratively detained, which is obviously a double punishment. Although criminal detention is only a coercive measure, its restriction of personal liberty is no different from administrative punishment, and in essence it is still punished twice, which is quite unfair.

It can be seen that this conversion mechanism is purely designed for power, ignoring power and is not balanced.

Therefore, criminal detention should not be converted into administrative detention. After discovering a wrongful case, the case shall be immediately withdrawn and the parties released, and those who have already been criminally detained shall be exempted from administrative punishment. In the case of illegal detention, according to Article 17 of the State Compensation Law, "the victim shall have the right to compensation if the organs exercising investigative, procuratorial and adjudicative powers, as well as the detention centers and prison management organs and their staffs, have any of the following violations of personal rights in the exercise of their powers:

1) Where detention measures are taken against citizens in violation of the provisions of the Criminal Procedure Law, or where detention measures are taken against citizens in accordance with the conditions and procedures provided for in the Criminal Procedure Law, but the detention period exceeds the time limit provided for in the Criminal Procedure Law, and a subsequent decision is made to withdraw the case, not to prosecute, or to make a judgment to declare an acquittal and terminate the pursuit of criminal responsibility", the State shall be compensated.

1. Your friend is in a traffic hit-and-run.

2. Voluntary surrender may be commuted or given a lighter sentence.

3. Pursuing criminal responsibility should be unavoidable.

According to you! Conscience is visible. It is best to stay private with the families of the injured. It depends on what the powerful see ...

Generally speaking, in the course of handling a criminal case, if it is found that in accordance with the relevant provisions of the Criminal Law and the Criminal Procedure Law, the perpetrator's behavior does not constitute a crime and the case should be withdrawn, and if an administrative case such as violating the "Public Security Administration Punishment Law" is violated, an administrative penalty shall be imposed in accordance with the relevant laws. For example, if the other party is injured in the course of a fight, and because the injuries are serious at the beginning, the case-handling unit believes that it may cause minor injuries or more, and handles the case through criminal case procedures and criminally detains the suspect, but after treatment, the injured person's injuries are stable, and the injuries are forensically evaluated as minor injuries or less, the case shall be withdrawn in accordance with law;However, because the suspect's behavior violated the provisions of Article 43 of the "Public Security Administration Punishment Law" and he should be placed under administrative detention, the case was converted into an administrative case, and the suspect's criminal detention was converted into administrative detention (the period of administrative detention was offset from the time of criminal detention).

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) Those who are preparing to commit a crime, committing a crime, or being discovered immediately after committing a crime;(2) The victim or a person who was present and saw it 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.

According to the provisions of the Criminal Procedure Law, the maximum period of criminal detention is 37 days, and if there is no evidence of the suspect's crime after 37 days of criminal detention, but it is necessary to carry out public security detention, it may be transferred to public security detention. Criminal Procedure Law of the People's Republic of China Article 89: 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 3 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 immediately release them after receiving the notice, and promptly notify the people's procuratorate of the execution situation.

On the issue of whether criminal detention can be converted to public security detention, where it is necessary to continue the investigation, and the requirements for release on guarantee pending further investigation or residential surveillance are met, release on guarantee pending further investigation or residential surveillance is to be released on guarantee pending further investigation or residential surveillance in accordance with law.

Where criminal conduct is discovered during the period of public security detention, it may be transferred to criminal detention. Public security detention is an administrative punishment, while criminal detention is a compulsory measure in criminal proceedings. Criminal detention is possible only if the perpetrator commits the crime.

[Legal basis].Article 82 of the Criminal Procedure Law of the People's Republic of China.

In any of the following circumstances, the public security organs may detain current offenders or major suspects in advance:

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 was present and saw it identified him as having committed the crime;

(3) Evidence of a crime is found in their surroundings or residence;

4) Attempting suicide after committing a crime, fleeing from the source, or being at large;

(5) There is a possibility of destroying or fabricating evidence or colluding confessions;

6) It is not as good as Liang's real name and address, and the identity is unknown;

(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.

The relevant answers to the question "Can I be transferred to public security detention after 20 days of criminal detention" are as follows: Yes, in the course of handling a criminal case, if it is found that in accordance with the relevant provisions of the Criminal Law and the Criminal Procedure Law, the perpetrator's conduct does not constitute a crime shall be withdrawn, and if an administrative case such as a violation of the "Public Security Administration Punishment Law" is violated, an administrative punishment shall be imposed in accordance with the relevant laws. For example:

In the course of the fight, the other party was injured, and because the injuries were serious at the beginning, the case-handling unit felt that it might cause minor injuries or more, and handled the case in criminal case procedures and criminally detained the suspect Sui Dashu, but after treatment, the injured person's injuries were stable and the injuries were below minor injuries after forensic evaluation, the case should be withdrawn in accordance with law; However, because the suspect's conduct violated the provisions of Article 43 of the "Public Security Administration Punishment Law" and he should be placed under administrative detention for a simulated brigade, the case was transferred to an administrative case, and the suspect's criminal detention was converted to administrative detention (the period of administrative detention was offset from the time of criminal detention).