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When a party is detained, an administrative detention notice will be issued, and after entering the detention center, the party's personal finances are not involved in violations or crimes.
The detention center will issue a list of personal belongings, which will then be sealed and kept for safekeeping, and returned according to the list after the expiration of the administrative detention period.
Personal belongings that involve violations of the law or crimes shall be confiscated or fined.
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According to the law, the personal belongings of detainees must be strictly registered at the time of detention and properly kept by the detention center, and when they are released from detention, the people's police in the detention center shall inspect their persons and belongings and return the property they have kept on their behalf. The specific provisions are as follows:
Article 15 of the Measures for the Implementation of the Regulations on Detention Centers: When a detention center takes a detainee into custody, it shall conduct an inspection of his person and the belongings he is carrying, and it is strictly forbidden to bring contraband into the detention cell.
Detainees' non-necessities and cash are registered and kept by the detention center. The people's police at the detention center shall count and verify with the detainee in person, and then fill out receipts for the detainee's temporary storage of items and cash (in triplicate, one for the detainee's receipt, one for the storage room for the goods and cash, and one for the detention center to keep as a stub), indicating the name, specifications, quantity, weight, characteristics, and so forth of the items and cash, and the detention center people's police and the detainee are to jointly sign and confirm it.
Article 43: Detention centers shall establish systems for the management of detainees' property, and properly keep detainees' property. The collection, custody, and collection of items for detainees shall be clearly registered and the accounts shall be clear. Items are limited to daily necessities and food, and items must not be higher than the local market.
Detention facilities shall inspect and register property transmitted or mailed by relatives and friends of detainees. Daily necessities are transferred to the detainee, and cash is kept by the detention center, while non-daily necessities are not accepted or kept by the detention center.
Article 67: When detainees are released from custody, the people's police at the detention center shall conduct an inspection of their person and belongings, and return the property they have kept on their behalf.
The police of the detention center shall register the reason for the detainee's departure, the time and the whereabouts of the detainee on the detainee registration form, sign it, and enter it into the detention center's management information system.
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Legal analysis: Yu Tang was administratively detained for 15 days and received legal and moral education inside. Criminal detention and administrative detention are held separately.
Detention is an important and common type of administrative punishment. During the 15 days of detention, the detention center organizes the punished person to study current affairs, politics, and law, and to do physical work to the best of his ability, to ensure that the detainee has no less than 2 hours of outdoor activities every day, is not allowed to smoke, is not allowed to use cash, and buys some daily necessities and convenient food by withdrawing from the account.
Legal basis: Article 21 of the "Regulations on Detention Centers" Detention centers shall educate detainees on law and morality, and organize detainees to carry out appropriate cultural and sports activities. The detention center shall ensure that the detainee has at least 2 hours of time outside the detention room every day.
Detainees may not be compelled to perform productive work in detention facilities.
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Legal Analysis: Continuous detention is not allowed. At times of emergency, the public security organs shall temporarily detain persons who need to be investigated in accordance with law; Administrative detention refers to the detention of a person who violates the administration of public security in a public security organ detention center, generally not exceeding 15 days, and the maximum combined punishment is not more than 20 days of banqueting.
Administrative detention is the most severe administrative punishment. Where the penalized person is dissatisfied with the public security administrative punishment decision, he may apply for administrative reconsideration or initiate an administrative lawsuit in accordance with law.
Legal basis: Article 16 of the Law of the People's Republic of China on Public Security Administration Punishments: Where there are two or more violations of the administration of public security, Hu Minbie shall be decided to be eliminated separately and enforced together. Where administrative detention punishments are to be combined, the longest is not to exceed 20 days.
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Legal Analysis: In this case, it is very likely that administrative detention has been converted into criminal detention, that is, a criminal case has already been filed. Criminal detention is usually held in the district-level detention center corresponding to the police station, but it may also be sent to other detention centers.
Suggestions: First, briefly understand the general situation and the charges with the police officer; Second, contact the family to indicate the current situation, the incident and the alleged crime; Third, it is recommended that the family entrust a lawyer to intervene as soon as possible, so that the lawyer can contact the public security organs to understand the facts of the case, apply for bail, go to the detention center for a meeting, and provide professional legal services.
Legal basis: Administrative Punishment Law of the People's Republic of China
Article 6: After an administrative punishment decision is made in accordance with law, the parties shall perform it within the time limit indicated in the administrative punishment decision.
Where parties truly have financial difficulties and need to postpone or pay fines in installments, payment may be suspended or paid in installments upon application by the parties and approval by the administrative organs.
Article 67: The administrative organ that makes the decision to impose fines shall be separated from the institution that collects the fine.
Except for fines collected on the spot in accordance with the provisions of articles 68 and 69 of this Law, the administrative organ that made the administrative punishment decision and its law enforcement personnel must not collect the fine on their own.
Within 15 days of receiving the administrative punishment decision, the parties shall pay the fine at the designated bank or through the electronic payment system. Banks should accept fines and pay them directly to the State Treasury.
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1. What are you doing in the 15-day administrative detention?
1. Where the detainee is detained for 15 days, the detainee shall be educated inside, and if the detainee is willing to work, the detainee may also be organized to work, and the detainee shall be educated in law, morality, culture, current affairs, policies, regulations, behavior development, skills training, mental health, etc., and then the methods of education are varied.
2. Legal basis: Article 59 of the Measures for the Implementation of the Regulations on Detention Centers.
Detention centers shall establish an education system to educate detainees on law, morality, culture, current affairs, policies, regulations, behavior development, skills training, mental health, and so forth;
Article 60 of the Measures for the Implementation of the Regulations on Detention Centers.
The education of detainees may be carried out in the form of group education, categorical education, individual education, psychological correction, persuasion by relatives and friends, social assistance and education, and testimony to the test. The detention facility shall conduct the first conversation education within 24 hours of the detainee's entry into the detention center, and conduct a conversation education session before the detainee is released from detention. Group education for detainees is not less than 10 hours per week;
Article 61 of the Measures for the Implementation of the Regulations on Detention Centers.
The detention center shall organize detainees to carry out appropriate cultural and sports activities on a daily basis.
2. Can I visit a gambling person who has been administratively detained for 15 days?
1. Yes, and not only lawyers can meet with them, but even family members can also visit them in accordance with the law;
2. The detention center guarantees the right of the detainee to meet with him during the period of detention. Detainees shall comply with the regulations governing meetings in the detention center;
3. Meetings with detainees shall be conducted in the detention center's meeting area at the prescribed time with valid identification documents;
4. The lawyer retained by the detainee to meet with the detainee shall also present the lawyer's practice certificate, the law firm's certificate, and the power of attorney or legal aid letter.
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Legal Analysis: Receive education in law, morality, culture, current affairs, policies, regulations, behavior development, skills training, mental health, etc. At the same time, the detention center shall conduct the first conversation education within 24 hours of the detainee's entry into the detention center, and conduct a conversation education session before the detainee is released from detention.
The group education for those who have been detained in the Frontier Brigade shall not be less than 10 class hours per week.
Article 59 of the Measures for the Implementation of the Regulations on Detention Centers: An education system shall be established to educate detainees on law, morality, culture, current affairs, policies, regulations, behavior development, skills training, mental health, and so forth.
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
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