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Those who are imprisoned in a detention center for fighting should be punished by the public security organs with the punishment of administrative detention, but in the legal norms, there is no provision for the so-called "bail" of the parties who have been sentenced to administrative detention, and only if the parties are criminally detained or arrested on suspicion of committing a crime, they can be released on bail pending trial in accordance with the provisions of the Criminal Procedure Law. However, according to the provisions of the "Law on Administrative Penalties for Public Security", if a party needs to apply for administrative reconsideration or file an administrative lawsuit because he is dissatisfied with the decision on the punishment of administrative detention, he may apply to the public security organ for a suspension of administrative detention, and the execution of the detention may be suspended with the consent of the public security organ and after providing a guarantor or paying a guarantee deposit in accordance with the regulations. Article 107 of the "Public Security Administration Punishment Law" provides that if 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 a danger to society, the person being punished or his close relatives is to submit a guarantor that 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. Article 108:Guarantors shall meet the following conditions: (1) they are not implicated in the case; (2) They enjoy political rights and their personal freedom is not restricted; (3) Have a permanent residence and fixed residence in the local area; (4) Have the ability to perform the guarantee obligation.
Article 109:Guarantors shall ensure that the guarantor does not evade the enforcement of administrative detention punishments. Where the guarantor fails to perform the guarantee obligation, causing the guarantor to evade the enforcement of the punishment of administrative detention, the public security organ shall impose a fine of up to 3,000 RMB. Article 110: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 26 of the Public Security Administration Punishment Law of the People's Republic of China Whoever commits any of the following acts shall be detained for between 5 and 10 days and may be concurrently fined up to 500 RMB; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB: (1) Gang fighting; (2) Chasing or intercepting others; (3) Forcibly taking or arbitrarily destroying or occupying public or private property; (4) Other acts of picking quarrels and provoking trouble.
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Fighting and being detained for 5 days is an administrative punishment for Shenxian. Administrative detention refers to the punishment taken by public security organs at or above the county level to restrict the personal freedom of citizens who violate the order of administrative management in accordance with the law, and the period of detention is at least one day and must not exceed 20 days.
Article 43 of the Public Security Administration Punishment Law: Whoever assaults another person, or intentionally harms another person's body, is to be detained for not less than 5 days but not more than 10 days, and is also 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 beating or injuring others; (2) Beating or injuring a disabled person, a pregnant woman, a person under the age of 14, or a person over the age of 60; (3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.
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1. Public security detention.
1) Generally, it is detained for more than five days.
2) If the circumstances are minor, they shall be detained for not more than five days or fined.
2. Criminal detention.
Detention on suspicion of a criminal offence is generally 7 days, plus the time to report for arrest may reach 14 days. If the case is major and complicated, it may be extended to 30 days, and the time for reporting for approval of arrest may reach 37 days.
Legal basis: Article 43 of the Law 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 a disabled person, a pregnant woman, a person under the age of 14, or a person over the age of 60;
(3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.
Article 91 of the Criminal Procedure Law.
Where the public security organs find it necessary to arrest a person in custody, they shall, within 3 days of the detention, request that the people's procuratorate review and approve the decision. 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 release them immediately after receiving the notice, and promptly notify the people's procuratorate of the execution situation. Where it is necessary to continue the investigation and the requirements for release on guarantee pending further investigation or residential surveillance are met, they are to be released on guarantee pending further investigation or placed under residential surveillance in accordance with law.
2. Will there be a criminal record in the detention of fights?
Fights are generally in public custody, and unless the other party is injured or more minor, there is a possibility that a criminal record will be left behind, and if the other party is a minor, the criminal record will be sealed.
Legal basis: Article 286 of the Criminal Procedure Law.
Where they were not yet 18 years old at the time of the crime and were sentenced to up to 5 years imprisonment, the relevant criminal records shall be sealed. Where criminal records have been sealed, they must not be provided to any unit or individual, except where it is necessary for the judicial organs to handle the Sakura Hunger case or where relevant units conduct inquiries in accordance with state provisions. Units conducting inquiries in accordance with law shall keep confidential the circumstances of the sealed criminal records.
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where there is a fight, they are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB.
[Legal basis].Article 26 of the Law on Public Security Administration Punishments.
Those who exhibit any of the following conduct are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB: (1) Gang fighting;
(2) Chasing or intercepting others;
(3) Forcibly taking or arbitrarily destroying or occupying public or private property;
4. Other acts of picking quarrels and provoking trouble.
Article 43 of the Law 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. 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) Gangs beat or injure others;
(2) Beating or injuring a disabled person, a pregnant woman, a person under the age of 14, or a person over the age of 60;
3) Repeatedly beating or injuring others, or a person who has collapsed a beam beating or injuring multiple people at a time.
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Legal analysis: Assault will be punished by public security, generally 5 to 10 days of detention and a fine of 200 to 500 yuan, and if the circumstances are less serious, detention of less than 5 days, or a direct fine of less than 500 yuan without detention. In more serious cases, they will be detained for 10 to 15 days and fined 500 to 1,000 yuan.
For example, group beatings, beatings of pregnant women, beatings of disabled people, beatings of minors, beatings of the elderly, or repeated beatings will result in detention for a longer period of time.
Legal basis: "Law of the People's Republic of China on Public Security Administration Punishments" Article 43 Whoever assaults another person or intentionally harms another person's body shall be detained for not less than 5 days but not more than 10 days and shall also be 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 yuan
1) Gang up to beat or injure others; (2) Beating or injuring a disabled person, a pregnant woman, a person under the age of 14, or a person over the age of 60; (3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.
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