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There are three types of detention: public security detention, judicial detention, etc., which are administrative coercive measures, and the close relatives of the parties can visit them; Criminal detention is a criminal coercive measure that can only be met by a lawyer appointed by the client or appointed by the court. This is clearly stipulated in China's Criminal Procedure Law, Civil Procedure Law, and Public Security Punishment Law.
According to article 28 of the "Detention Center Regulations", "during the period of detention, with the consent of the case-handling organ and with the approval of the public security organ, a person may correspond and meet with his close relatives".
According to Article 61 of the "Regulations of the People's Republic of China on Detention Administration and Punishment", the time for enforcement of detention is calculated in days. It is one day from the day of admission to the second day.
Article 46: Meetings with detainees.
1) Persons to be met: The detainee's close relatives (referring to parents, husband and wife, children, brothers, sisters, etc.) and the person in charge of the unit may meet with the detainee at the detention center on the basis of their identity documents or a letter of introduction from the unit;
Monday, Wednesday and Friday 9:00-11:00 a.m., 2:30-4:30 p.m. Saturdays, Sundays and public holidays will not be seen;
3) Number of meetings: Each detainee is allowed to meet with close relatives only once during detention. Before the meeting, the meeting must be registered in the meeting registration book. Each meeting shall not exceed 10 minutes, and the number of people to be met shall not exceed 3;
4) Only pocket money, clothes, daily necessities, educational supplies, etc. can be sent during the meeting. Refuse to accept fruits, alcohol, tobacco, dishes, food, etc. The items sent by the interviewers must be inspected by the police on duty before they can be brought into the detention room, and it is strictly forbidden to bring dangerous goods and contraband into the detention room;
5) When lawyers meet with detainees, they must have a letter of introduction from the law firm to which they belong, their lawyer's practice certificate, a power of attorney from the detainee or their family, or a certificate from the case-handling unit.
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Administrative detention may be visited. Administrative detention for all the prescribed visiting hours. Relatives and friends of the person being punished may make an appointment in advance and visit the person being punished during the time provided for in the administrative detention center.
During visits, they may bring necessary daily necessities, clothing, and food, and other items must not be sent to the person being punished.
Is there a criminal record for administrative detention?
There is a criminal record of administrative detention. Administrative detention will be kept for a long time by the public security judgment organ in accordance with the provisions of Minghuai, so the administrative detention will leave a record of illegal cases. It cannot be erased and left in the archives, unless the public security organ at the place of household registration is not aware of it due to the data being out of sync, but the public security organ at the place of processing must have a record, and it is impossible to pass the political examination.
In any of the following circumstances where a person who violates the administration of public security has any of the following circumstances, and shall be given a punishment of administrative detention in accordance with this law, the punishment of administrative detention is not to be enforced:
1. Those who have reached the age of 14 but are not yet 16 years old;
2. Those who have reached the age of 16 but are not yet 18 years old, and who violate the administration of public security for the first time;
3. Over 70 years old;
4. Those who are pregnant or breastfeeding their own babies under the age of one.
[Legal basis].Article 48 of the Measures for the Implementation of the Regulations on Detention Centers.
The detention facility guarantees the right of communication and meeting with detainees during their detention. Detainees shall comply with the detention center's regulations on the management of communications and meetings. Radical friends.
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Legal analysis: Administrative detention is permissible, and the detainee's close relatives and the person in charge of the unit can meet with the detainee at the public security detention center within the specified time with their identity documents. Administrative detention is an administrative punishment that restricts the personal freedom of a person who violates administrative law within a short period of time by a statutory administrative organ.
Legal basis: Article 15 of the Measures for the Administration of Public Security Detention Centers of the People's Republic of China: Public security detention centers protect the freedom of communication of detainees in accordance with the law.
Letters sent and received by detainees are not inspected or seized. The detainee's close relatives and the person in charge of the unit may meet with the detainee at the public security detention center within the prescribed time with their identity documents.
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Legal basis: Article 9 of the Administrative Punishment Law of the People's Republic of China Types of administrative punishments: (1) warnings, circulars of criticism; (2) Fines, confiscation of unlawful gains, or confiscation of illegal property; (3) Temporarily withholding licenses, lowering qualification levels, or revoking licenses; (4) Restricting the carrying out of production and business activities, ordering the suspension of production and business, ordering closure, or restricting employment; (5) Administrative detention; (6) Other administrative punishments provided for by laws and administrative regulations.
Article 26 of the Regulations on Detention Centers: Detention facilities guarantee the right of detainees to meet with detainees during their detention. Detainees shall comply with the detention center's regulations on the management of meetings. Meetings with detainees shall be conducted in the detention center's meeting area at the time specified in the Shen Sheng's license with valid identification documents.
A lawyer retained by a detainee to meet with a detainee shall also present a lawyer's practice certificate, a law firm certificate, a power of attorney, or an official letter of legal aid.
Article 48 of the Law on the Implementation of the Regulations on the Detention of Filial Piety and Filial Piety: Detention centers guarantee the rights of detainees to communicate and meet with them during their detention. Detainees shall comply with the detention center's regulations on the management of communications and meetings.
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Administrative detention can be visited. According to China's "Detention Center Regulations," during the period of detention, with the consent of the case-handling organ and the approval of the public security organ, a prisoner may be allowed to correspond and meet with his close relatives. Relatives and friends of the person being punished may make an appointment in advance at the detention center, and may visit the person being punished under detention during the visiting time specified in the detention center.
Regulations of the People's Republic of China on Detention Centers Article 28: During the period of detention, with the consent of the case-handling organ and the approval of the public security organs, prisoners may communicate and meet with their close relatives.
Generally, it is within 24 hours. The law stipulates that after detention, the detainee shall be immediately sent to a detention center for detention, which shall not exceed 24 hours at the latest. A Notice of Detention shall be prepared within 24 hours and delivered to the detainee's family or work unit.
There are three types of detention: public security detention, judicial detention, etc., which are administrative coercive measures, and the close relatives of the parties can visit them; Criminal detention is a criminal coercive measure that can only be met by a lawyer appointed by the client or appointed by the court. This is clearly stipulated in China's Criminal Procedure Law, Civil Procedure Law, and Public Security Punishment Law. >>>More
Of course, the criminal detention is serious, and this criminal detention is basically to be sentenced, commonly known as imprisonment, and it will be a criminal record in the future, which will be affected in many ways. >>>More
There are two types of detention: administrative detention and criminal detention. Administrative detention is the most severe form of administrative punishment, and is applicable to violations of the administration of public security that do not constitute a crime, and warnings and fines are not sufficient to punish violations. The period of administrative detention is generally not more than 10 days, and in heavier cases, not more than 15 days. >>>More
1) The applicable objects are different. Criminal detention is a compulsory method adopted by the public security organs to temporarily restrict personal liberty of current criminals or major suspects in the course of investigation, while administrative detention is applicable to persons who generally violate the law. >>>More