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First of all, the administrative detention that LS said is indeed a maximum of 15 days, but LS is not professional, and administrative detention is carried out together, so the maximum is 30 days.
Secondly, judicial detention, up to 15 days, the court has the final say, LS is right.
Thirdly, it is also correct to be interrogated within 24 hours of criminal detention at the police station, but you can stay in the detention center for 30 days with a detention warrant, and if you want to be arrested, you will be treated.
Finally, your husband's question should belong to the receipt of stolen goods and criminal detention, so it will generally be answered within 30 days. If your husband really doesn't know, he will let it go when he finds out.
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There are three categories of detention in the People's Republic of China:
One. Administrative detention (public security detention):
It refers to the most severe sanction given to general violations of the "Public Security Administration Punishment Law of the People's Republic of China", which is a type of administrative punishment. The maximum period of public security detention is 15 days, and the public security organ shall decide to enforce it in an administrative detention center.
Two. Judicial Detention (Civil Detention):
One refers to the detention decision directly made by the people's court in the course of civil or administrative litigation or court enforcement, for obstruction of litigation activities (such as: perjury, storming the court, obstructing witnesses from testifying, concealing and transferring sealed or seized property, obstructing court staff in the performance of official duties, evading enforcement), etc., which is a compulsory measure, based on the "Civil Procedure Law" or the "Administrative Procedure Law", and the maximum time limit is 15 days, and the court will hand over the detainee to the custody of the public security organs, and if they are not satisfied, they may apply to the court for reconsideration. During the period of detention, the court decides to give an early explanation or release upon expiration.
Article 134 of the General Principles of the Civil Law stipulates that when a people's court hears a civil case, it may admonish the perpetrator who should bear civil responsibility for serious violations of civil legal norms, order him to make a statement of repentance, confiscate the property and illegal gains of illegal activities, and may impose a fine or detention in accordance with the law.
It can be seen from this that the detention provided for in the General Principles of the Civil Law is a punishment method for the people's courts, in the name of the state, to impose short-term restrictions on the personal freedom of the perpetrators who have seriously violated the norms of civil law. It is the most severe form of civil sanctions.
Three. Criminal Detention:
It refers to the compulsory measures temporarily taken by public security organs or people's procuratorates against current criminals or major suspects in the investigation of criminal cases. The public security organs shall interrogate the detained person within 24 hours of detention. If the arrest of a detainee is authorized, it is tried in accordance with the Code of Criminal Procedure, and criminal detention is not a punishment or sanction.
If the detainee is subsequently acquitted, the detainee may apply for state compensation.
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This situation is generally suspected of a crime, waiting for **. Until the trial, he will be kept in a detention center.
Legal basis: Article 91 of the Criminal Procedure Law: Where a public security organ finds it necessary to arrest a person in custody, it shall request that the people's procuratorate review and approve it within three 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 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.
In the course of criminal proceedings, criminal detention is a temporary coercive measure taken against criminal suspects and defendants, and criminal detention is taken to ensure the smooth progress of the proceedings. So, what happens after criminal detention has been carried out? As a family member or friend, first of all, you should learn the facts of the suspected crime from the public security organ or procuratorate handling the case as soon as possible. >>>More
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