Under what circumstances criminal detention will be converted into public security 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.

Be. Where the illegal conduct is suspected of constituting a crime, it shall be transferred to a criminal case to be handled, and criminal compulsory measures such as criminal detention or arrest shall be employed.

Relevant Provisions: Article 51 of the "Provisions on the Procedures for the Handling of Administrative Cases by Public Security Organs" Where a case discovered or accepted cannot be temporarily determined as a criminal case or an administrative case, it may be handled in accordance with the procedures for administrative cases. Where in the course of handling it is found that a crime is suspected of constituting a crime, it shall be handled in accordance with the "Procedural Provisions on the Handling of Criminal Cases by Public Security Organs".

Article 147: Public security organs are to make the following disposition decisions based on the different circumstances of administrative cases:

1) Where there is truly illegal conduct and an administrative punishment shall be given, an administrative punishment decision is to be made on the basis of the circumstances and the severity of the harmful consequences;

2) Where there is indeed illegal conduct, but there are circumstances in which administrative punishment is not to be given in accordance with law, a decision is made not to give administrative punishment; where there are unlawful gains, illegal property, contraband, or controlled instruments, they shall be recovered or confiscated;

3) Where the facts of the violation cannot be established, a decision is to be made not to give administrative punishment;

4) To make a decision in accordance with law for those who need to be given community drug treatment, compulsory isolation for drug rehabilitation, custody and education, custody and education, custody and reeducation, etc.;

5) Those who meet the requirements for re-education through labor shall be reported for re-education through labor in accordance with law;

6) Where the illegal conduct is suspected of constituting a crime, it is to be transferred to a criminal case or transferred to the competent organ or department that has the authority to handle it, and there is no need to withdraw the administrative case. Where the public security organs have already made an administrative disposition decision, they shall attach it to the case file;

7) Where it is discovered that the offender has other illegal acts, the relevant administrative departments shall be notified to handle it at the same time as making an administrative disposition decision in accordance with law.

Where there is a victim in a public security case, the public security organs shall send a copy of the written decision to the victim within 2 days of making the punishment decision. where it cannot be delivered, it shall be noted.

Yes, in the course of handling a criminal case, if it is discovered 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 to be given, an administrative punishment is to be given 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 below minor after forensic evaluation, the case shall 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 administratively detained, the case was converted into an administrative case, and the suspect's criminal detention was converted into administrative detention (the period of administrative detention is offset from the time of criminal detention).

In the course of handling a criminal case, if it is discovered 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 given 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 in criminal case procedures and criminally detains the suspect, but after treatment, the injured person's injuries are stable and the injuries are below minor injuries after forensic evaluation, the case shall 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 administratively detained, the case was converted into an administrative case, and the suspect's criminal detention was converted into administrative detention (the period of administrative detention is offset from the time of criminal detention).

Where the public security organs need to detain a criminal suspect in accordance with law, the unit undertaking the detention is to fill out a "Report on Petition for Detention", and the responsible person of the public security organ at the county level or above is to approve it, issue a "Detention Warrant", and then the unit that submitted the request for approval of detention is responsible for enforcement.

In cases where the people's procuratorate decides to detain, the case-handling personnel shall submit an opinion, the responsible person for the department shall review it, and the chief procurator shall make a decision. In cases where a decision is made to detain, the people's procuratorate shall send the written decision of detention to the public security organs, which are responsible for enforcement.

2) Execution of detention.

When the public security organs carry out detention, they must present a detention warrant and order the detainee to sign and fingerprint the detention warrant. If the detainee resists detention, the executive has the right to use coercive methods, including the use of restraints. After Hu is detained, the organ that made the decision to detain him shall, within 24 hours, notify the detainee's family or his work unit of the reason for the detention and the place of detention, except in circumstances where the investigation is obstructed or notification is not possible.

When the public security organs carry out detention in a different area, they shall notify the public security organ for the detainee's location, and the public security organ for the detainee's location shall cooperate.

3) The duration of detention.

According to article 91 of the Criminal Procedure Law of the People's Republic of China, if 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 three days of 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 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.

According to the above provisions, generally speaking, the detention period of public security organs for persons suspected of criminal detention is 14 days, and the maximum detention period for major suspects who have committed crimes on the run, committed crimes repeatedly, or committed crimes in groups is 37 days.

In general, 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 a violation of 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 below minor after forensic evaluation, 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 criminal detention of the suspect 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: In any of the following circumstances, public security organs may detain current offenders or persons under major suspicion: (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 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.

If the person violates the provisions of the administration of public security, he or she may be given administrative detention, and if it is necessary to investigate the criminal responsibility of the party, he may be criminally detained. So, what about the conversion of public security detention into criminal detention Today, the following content has been sorted out to answer your questions, I hope it will be helpful to you. If the public security organs have new evidence and the person concerned is suspected of committing a criminal offense and needs to restrict his or her personal freedom, he or she may be criminally detained.

With regard to criminal detention decided and carried out by the public security organs in accordance with the law, the duration of detention is the sum of the time that the public security organs of the public security organs have submitted to the people's procuratorate for approval of arrest and the time for the people's procuratorate to examine and approve the arrest. Where the public security organs find it necessary to arrest a detained person, they shall submit it to the people's procuratorate for review and approval within 3 days of the detention. In special circumstances, with the approval of the responsible person at a public security organ at the county level or above, the time for submitting a request for review and approval may be extended by 1 to 4 days.

With the approval of the responsible person at a public security organ at the county level or above, the time for submitting a request for review and approval may be extended to 30 days for major suspects who have committed crimes on the go, committed multiple crimes, or committed crimes in groups. The people's procuratorate shall, within 7 days of receiving a request for approval of arrest from the public property security organ, make a decision to approve the arrest or not to approve the arrest. If the people's procuratorate does not approve the arrest, the public security organ shall immediately release the criminal suspect after receiving the notice, and promptly notify the people's procuratorate of the execution situation.