Can administrative detention meet, can administrative detention meet

Updated on society 2024-04-10
6 answers
  1. Anonymous users2024-02-07

    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.

  2. Anonymous users2024-02-06

    Yes, you can, but you have to go to the detention center to apply.

  3. Anonymous users2024-02-05

    1. Can administrative detention be met?

    1. Administrative detention may be met and seen. According to the laws of our country, public security detention and judicial detention are administrative compulsory measures, and the close relatives of the parties may visit, while criminal detention is a criminal compulsory measure, and only lawyers entrusted by the parties or appointed by the court can meet with them.

    2. Basis for the reform of the law: Article 51 of the "Measures for the Implementation of the Regulations of the People's Republic of China on Detention Centers".

    The property of the escaped prisoner shall be temporarily safeguarded. Where the offender is not captured and brought into the case after one year, it shall be handed over to the finance department for handling.

    The family members of deceased offenders or convicts who have already been executed shall be notified to collect the property of deceased offenders or convicts who have already been executed, and may also send it on their behalf if they are far away and cannot be collected. If there is no family member, or if it cannot be notified and sent within one year, and if it is overdue for one year after the notice, it will be handed over to the financial department for processing.

    Receipts for the surrender of property shall be included in the offender's file for future reference.

    2. What are the procedures for administrative detention?

    The process of administrative detention is as follows:

    1. The case-handling organ shall submit a detention opinion, and after reporting to the internal legal affairs department of the system for review and approval, the responsible person of the public security organ shall approve it;

    2. The family shall be notified within 24 hours of administrative detention and a notice of administrative detention shall be issued;

    3. If the detainee is dissatisfied with the punishment of detention, he or she has the right to apply for administrative reconsideration or administrative litigation.

  4. Anonymous users2024-02-04

    OK. 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 with by a lawyer appointed by the client or appointed by the court.

    This is clearly stipulated in China's Criminal Procedure Law, the Civil Complaint Grinding Wheel Law, and the Law on the Punishment of Governance, Balance, and Xin'an.

  5. Anonymous users2024-02-03

    Legal analysis: Depending on the circumstances, the public security organ shall announce the public security administrative punishment decision to the person being punished, and deliver it to the person being punished on the spot; Where there is no way to make an announcement to the person being punished at the scene, it shall be served on the person being punished within 2 days.

    Legal basis: Law of the People's Republic of China on Public Security Administration Punishments

    Article 83: After being summoned, the public security organs shall promptly inquire and verify the violators of the administration of public security, and the time for questioning and verification must not exceed 8 hours; Where the situation is complicated and the punishment of administrative detention might be applied in accordance with the provisions of this Law, the time for questioning and verification must not exceed 24 hours. The public security organs shall promptly notify the family of the summoned person of the reason for the summons and the location.

    Article 97: The public security organs shall announce the public security administrative punishment decision to the person being punished, and deliver it to the person being punished on the spot; Where there is no way to make an announcement to the person being punished at the scene, it shall be served on the person being punished within 2 days. Where a decision is made to give a punishment of administrative detention, the family of the person being punished shall be promptly notified. Where there is a victim, the public security organ shall send a copy of the written decision to the victim.

    Article 103:The public security organ that made the decision is to send a person who has been given a punishment of administrative detention to the detention center for enforcement.

  6. Anonymous users2024-02-02

    Legal cover such as analysis: must go. Where the person being punished is dissatisfied with the administrative detention punishment decision 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 danger to society, the punishment decision of administrative detention is to be suspended at the request of the person being punished or his close relatives, and a guarantor who meets the requirements provided for in article 108 of this Law may pay a guarantee deposit of 200 yuan per day of administrative detention for a suffocating stove.

    Legal basis: Article 107 of the "Public Security Administration Punishment Law of the People's Republic of China" Where the person being punished is dissatisfied with the decision to impose a punishment of concealed 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 danger to society, the person being punished or his close relatives is to submit a guarantor who meets the requirements provided for in 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.

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