What are the circumstances of the transition from administrative detention to criminal detention?

If a crime is suspected, it will be transferred from administrative detention to criminal detention, and administrative detention will be held in a detention center, which is a general offense and lasts for a maximum of 15 days. If it is a criminal detention and a crime has been suspected, the suspect is detained in a detention center and is preparing for sentencing.

Article 80 of the Criminal Procedure Law stipulates that in any of the following circumstances, if the investigation during the period of public security detention has constituted a criminal offense, then the person may be transferred to criminal detention.

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 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, running away, or being on the run after committing a crime.

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

6) Those who do not tell their real names and addresses, and whose identities are 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.

Note: This question was asked in 2007, and since then the law has been greatly modified, in order to prevent misleading netizens, the answer is now amended! ）

The change from administrative detention to criminal detention means that your friend has violated the criminal law and will be investigated for criminal responsibility in accordance with the law. Intentional injury causing minor injury is a sentence of not more than three years in accordance with law. The new procedural law, implemented in 2013, introduced a criminal reconciliation system, whereby if a criminal suspect and a victim reach an agreement on compensation and obtain the victim's forgiveness, the judicial organ may lenient, commute or waive the criminal punishment.

Legal basis: Article 234 of the Criminal Law [Crime of Intentional Injury] Whoever intentionally harms 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 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.

Chapter II of the Criminal Law: Procedures for Public Prosecution Cases in which the Parties Settle.

Article 277:In the following public prosecution cases, where the criminal suspect or defendant sincerely repents and obtains the victim's forgiveness through methods such as compensating the victim for losses or making formal apologies, and the victim voluntarily settles, both parties may settle:

1) Cases arising from civil disputes that are suspected of crimes provided for in chapters 4 and 5 of the Criminal Law's special provisions, and might be sentenced to up to three years imprisonment;

2) Cases of crimes of negligence other than crimes of dereliction of duty that might be sentenced to up to 7 years imprisonment.

Where criminal suspects or defendants have intentionally committed crimes within 5 years, the procedures provided for in this chapter do not apply.

Article 278:Where both parties settle, the public security organs, people's procuratorates, and people's courts shall hear the opinions of the parties and other relevant persons, conduct a review of the voluntariness and legality of the settlement, and preside over the drafting of the settlement agreement.

Article 279: In cases where a settlement agreement is reached, the public security organs may submit a recommendation for leniency to the people's procuratorate. The people's procuratorate may submit a recommendation for lenient punishment to the people's court; Where the circumstances of the crime are minor and no criminal punishment is required, a decision may be made not to prosecute. The people's court may give a lenient punishment to the defendant in accordance with law.

Legal Analysis: The object of criminal detention is an active offender or a major suspect. An active offender is a person who is currently committing a crime, and a major suspect is a person who has evidence to prove that he is suspected of committing a major crime, and can be transferred to criminal detention when he or she has one of the statutory emergency circumstances.

Legal basis: 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) 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.

Legal Analysis: If the public security organs have new evidence and the person is suspected of a criminal offense and meets the requirements for criminal detention, criminal detention may be imposed. The conditions of criminal detention are as follows:

In any of the following circumstances, detention may be made in advance: (1) the person is preparing to commit a crime, committing a crime, or being 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, and so forth.

Legal basis: 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 with actual scum, or being discovered immediately after committing a crime;

2) The victim or a person who was present 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 that Tong He did not commit crimes, committed crimes multiple times, or committed crimes in groups.

Provisions on the conversion of administrative detention to criminal detention: If the perpetrator's illegal conduct is suspected of constituting a crime, the administrative case shall be closed and transferred to a criminal case for handling, and if the perpetrator is preparing for a crime or committing a crime, the public security organ may first detain the perpetrator.

1. Provisions on the procedures for handling road traffic violations.

Where it is discovered during the investigation that the offender has committed other illegal acts, a decision on the handling of the road traffic safety violation shall be made in accordance with the law, and at the same time as a decision is made to deal with the road traffic safety violation, it shall be transferred to a unit with jurisdiction for handling in accordance with relevant provisions. and where it is suspected of constituting a crime, it is to be transferred to a criminal case or transferred to a competent organ or department with the authority to handle it. Due to the large size of the text, please see the following for details.

2. Is it criminal responsibility to scratch a person?

It should be judged according to the injury.

1. If a crime has not yet been constituted, the perpetrator is given a public security punishment and is detained for public security, the maximum must not exceed 15 days, and the actual period of detention needs to be determined in light of the specific circumstances.

2. Where a crime is suspected of being constituted and the perpetrator is given criminal detention, the maximum period is generally 14 days, and if the case is major or complex, the maximum may be 37 days.

3. What is the maximum period of criminal detention?

The maximum period of criminal detention is 37 days. For detainees who find it necessary to arrest them, the public security organs shall submit a request for review and approval within a certain period of time after detention, and the people's procuratorate shall make a decision to approve or not approve the arrest within seven days of receiving the written request for approval of arrest.

There will be no criminal record in criminal detention.

According to the relevant laws and regulations of our country, if the perpetrator is only criminally detained and has not been prosecuted, or if the crime is tried after prosecution, there will be no criminal record.

Criminal detention is different from administrative detention and judicial detention in that criminal detention is only a compulsory measure taken by the investigating organs in the course of investigation activities, not a means of punishment, while the criminal record refers to the criminal record of the perpetrator, as long as the perpetrator does not constitute a crime, there will be no criminal record.

Article 258 of the Provisions on Procedures for the Handling of Administrative Cases by Public Security Organs.

In any of the following circumstances, an administrative case shall be closed:

4) The illegal conduct is suspected of constituting a crime and is transferred to a criminal case;

5) After a disposition decision is made, enforcement is impossible or unnecessary due to objective reasons such as the loss or death of the subject of enforcement.

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 witnessed it at the scene identified him as having committed the crime;

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.

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.

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. Article 2 of the "Public Security Administration Punishment Law" 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. Article 5: Public security administrative punishments must be based on facts and be commensurate with the nature, circumstances, and degree of harm to society of the violation of public security administration.

The implementation of public security administrative punishments shall be open and fair, respect and protect human rights, and protect citizens' personal dignity. The handling of public security cases shall adhere to the principle of combining education and punishment. Administrative detention may be converted into criminal detention, but criminal detention cannot be converted into administrative detention.

If the conduct is investigated and found to have constituted a criminal offense during the period of administrative detention, the administrative detention will be transferred to criminal detention; If no criminal offence is constituted, it will not be transferred to criminal detention. Detention in criminal proceedings is a compulsory method adopted by the public security organs and people's procuratorates to temporarily deprive a person of personal liberty of an existing offender or a major suspect in the course of investigation of a case directly accepted by the public security organs or the people's procuratorate when encountering a statutory emergency.

The differences between administrative detention and criminal detention are as follows:

1. The application is different: administrative detention is a legal sanction imposed by the public security organs on offenders who have not yet reached the level of crime, while criminal detention is a compulsory measure in which the public security organs decide to temporarily deprive certain current criminals or suspected of major crimes in accordance with the law in an emergency situation;

2. The nature of the law is different, administrative detention is only a means of administrative punishment, while criminal detention is a compulsory measure;

3. The targets of punishment are different, the targets of administrative detention are offenders who have not yet constituted a crime, while the targets of criminal detention are current offenders or suspects of major crimes who have violated relevant regulations and need to be investigated for criminal responsibility;

4. The purpose of application is different, administrative detention is to punish and educate offenders and prevent the recurrence of illegal acts, while criminal detention is to prevent or stop current offenders or suspects of major crimes from evading or obstructing criminal proceedings;

5. Administrative detention can only be applied by the public security organs, while the decision on criminal detention rests with the public security organs and the people's procuratorate;

6. The duration of detention varies, ranging from a maximum of 15 days for administrative detention and 37 days for criminal detention for overstated reasons.

Legal basis] Article 82 of the Criminal Macro and Balance Procedure Law.

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 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.