Fifteen days of detention can be released in advance?

Updated on society 2024-04-13
15 answers
  1. Anonymous users2024-02-07

    There is no provision for early release.

    Administrative detention refers to a type of administrative punishment in which a statutory administrative organ (specifically referring to a public security organ) restricts the personal liberty of a person who violates administrative laws and norms for a short period of time in accordance with the law.

    The power to adjudicate administrative detention belongs to the public security organs at or above the county level; The time limit is generally less than 10 days, and the heavier ones are not more than 15 days;

    After the administrative detention decision is announced, during the period of application for reconsideration and administrative litigation, the punished person and his relatives find a guarantor or pay a guarantee deposit in accordance with regulations, they may apply to the administrative entity to suspend the enforcement of administrative detention. Administrative detention is different from criminal detention and judicial detention.

  2. Anonymous users2024-02-06

    Generally speaking, 15 days of detention cannot be released in advance, and once the administrative detention has been decided by the public security organs, it must expire before it can be released.

    Legal basis] Article 19 of the Regulations on Detention Centers, where a detention center discovers that a detainee has any of the following circumstances, it shall recommend that the organ making the detention decision make a decision to stop the execution of the detention:

    1) Those who are mentally ill or have infectious diseases that require isolation**;

    2) The condition is serious and may endanger life safety.

  3. Anonymous users2024-02-05

    Administrative detention can be suspended by finding a guarantor or by paying a guarantee deposit as required. Article 16 of the Law on Penalties for Public Security Administration stipulates: "Where there are two or more violations of the administration of public security, separate decisions shall be made and enforcement shall be combined."

    Where administrative detention punishments are to be combined, the longest is not to exceed 20 days. ”

  4. Anonymous users2024-02-04

    If measures are not taken, the decision on the administrative punishment will not be issued until the administrative punishment has been implemented.

  5. Anonymous users2024-02-03

    It generally doesn't come out early.

  6. Anonymous users2024-02-02

    In the case of administrative detention, early release is generally not possible.

  7. Anonymous users2024-02-01

    Generally, no, unless it costs money.

  8. Anonymous users2024-01-31

    Hello: You can consider conditional bail.

  9. Anonymous users2024-01-30

    The detention is as many days as it gets.

  10. Anonymous users2024-01-29

    Legal Analysis: Yes. According to the provisions of law, if the penalized person submits an application for suspension of administrative detention during the period of administrative detention, the detention center shall immediately transfer the application to the public security organ that made the administrative detention decision. Whether or not to approve the approval is to be decided by the public security organs in accordance with the statutory requirements.

    Legal basis: Provisions on the Procedures for the Handling of Administrative Cases by Public Security Organs

    Article 196:Where a person being punished is dissatisfied with the judgment of administrative detention and applies for administrative reconsideration or initiates an administrative lawsuit, he may submit an application to the public security organ that made the administrative detention decision to suspend the execution of the administrative detention and change the administrative detention to detention; Where an application is submitted orally, the people's police of the public security organs shall record it, and the applicant is to sign it or leave a fingerprint.

    Where the person being punished submits an application for suspension of administrative detention during the period of administrative detention, the detention center shall immediately transfer the application to the public security organ that made the administrative detention decision.

  11. Anonymous users2024-01-28

    Legal analysis: Under normal circumstances, administrative detention for 15 days cannot be released in advance, and if the penalized person is not satisfied with the administrative detention punishment decision, the penalized person or his close relatives shall submit a guarantor who meets the prescribed conditions, or pay a guarantee deposit of 200 yuan per day of administrative detention, and the punishment decision of administrative detention shall be suspended.

    Legal basis: "Public Security Administration Punishment Law of the People's Republic of China" Article 107 Where a penalized person is dissatisfied with a decision on the punishment of 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 is unwise and causes danger to society, the penalized person or his close relatives are to submit a guarantor who meets the requirements of article 108 of this Law, or pay a guarantee deposit of 200 yuan per day of administrative detention, and the punishment decision of administrative detention is suspended.

  12. Anonymous users2024-01-27

    Impossible things. A few days of administrative detention is a few days, and no day is missing.

  13. Anonymous users2024-01-26

    15 days of administrative detention can be released early if it is not a particularly serious case. The number of days of administrative detention needs to be handled according to the actual case, and for administrative detention, the power to adjudicate administrative detention belongs to the public security organ at or above the county level; The time limit is generally less than 10 days, and the heavier ones are not more than 15 days; After the administrative detention decision is announced, during the period of application for reconsideration and administrative litigation, the punished person and his relatives find a guarantor or pay a guarantee deposit in accordance with regulations, they may apply to the administrative entity to suspend the enforcement of administrative detention.

    The conditions for early release from detention of a detainee or criminal suspect are as follows:

    1. Those who suffer from mental illness or have infectious diseases and need to be isolated**;

    2. The condition is serious and may endanger life safety;

    3. During the period of detention, if the detainee admits and corrects his mistakes, the people's court may decide to release him from detention in advance.

    Detention is subject to the following conditions:

    1. Those who are preparing to commit a crime, committing a crime, or being 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 the vicinity or residence;

    4. Attempting suicide, escaping, or being on the run after committing a crime;

    5. There is a possibility of destroying or fabricating evidence or colluding confessions;

    6. Not telling the real name and address, and the identity is unknown;

    7. There are major suspicions of committing crimes by wandering, committing crimes with stupidity, and ganging up to commit lead training cases.

    In summary, 15 days of administrative detention cannot be released early, but you can apply for a stay of detention. To apply for a stay of detention, the detainee generally needs to apply for an administrative reconsideration or file an administrative lawsuit at the same time, and provide a guarantor or pay a security deposit.

    Legal basis]:

    Article 19 of the Detention Facility Regulations.

    Where the detention center discovers that a detainee has any of the following circumstances, it shall recommend that the organ making the detention decision make a decision to stop the detention:

    1) Those who are mentally ill or have infectious diseases that require isolation**;

    2) The condition is serious and may endanger life safety.

  14. Anonymous users2024-01-25

    Those who are imprisoned in a detention center for fighting should be punished by the public security organs with the punishment of administrative detention, but in the legal norms, there is no provision for the so-called "bail" of a party who has been subjected to administrative detention, and only a person who has been criminally detained or arrested on suspicion of committing a crime can be released on bail pending trial in accordance with the provisions of the Criminal Procedure Law. However, according to the provisions of the "Law on Administrative Penalties for Public Security," if a party needs to apply for administrative reconsideration or file an administrative lawsuit because he is dissatisfied with the decision on the punishment of administrative detention, he may apply to the public security organ to suspend the execution of administrative detention. Article 107 of the "Public Security Administration Punishment Law" provides that if a penalized person is dissatisfied with a decision on the punishment of 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. Article 108:Guarantors shall meet the following conditions: (1) they are not implicated in the case; (2) They enjoy political rights and their personal freedom is not restricted; (3) Have a permanent residence and fixed residence in the local area; (4) Have the ability to perform the guarantee obligation.

    Article 109:Guarantors shall ensure that the guarantor does not evade the enforcement of administrative detention punishments. Where the guarantor fails to perform the guarantee obligation, causing the guarantor to evade the enforcement of the punishment of administrative detention, the public security organ and the bury shall impose a fine of not more than 3,000 yuan on him. Article 110:Where a person who has been given a decision to be given an administrative detention penalty pays a guarantee deposit, and after suspending administrative detention, evades the enforcement of the administrative detention punishment, the guarantee deposit is to be confiscated and turned over to the state treasury, and the administrative detention decision that has already been made shall still be enforced.

    Article 162 of the "Provisions on the Procedures for Handling Administrative Cases by Public Security Organs" stipulates that where administrative detention and punishment are combined, the maximum period shall not exceed 20 days. Where, before the completion of the administrative detention punishment, it is discovered that the offender has committed other illegal acts, and the public security organs make an administrative detention decision in accordance with law, it is to be enforced in conjunction with the administrative detention that is currently being enforced.

  15. Anonymous users2024-01-24

    Legal Analysis: Five days of detention can be released early. Where the detainee is able to take the initiative to expose, report, and stop major violations or crimes during the period of detention, and it is verified to be true, the director of the detention center may submit a recommendation for early release from detention, and upon approval by the competent leadership of the public security organ at the county level, carry out a clear of the vacancies, and fill out a "Decision to Release from Detention Early".

    Legal basis: Measures for the Administration of Public Security Detention Centers" Article 14: Where a detainee is able to take the initiative to expose, report, and stop major violations or crimes during the period of detention, and it is verified to be true, the director of the detention center may submit a recommendation for early release from detention, which shall be implemented after approval by the competent leader of a public security organ at the county level or above, and complete a "Decision to Release from Detention Before Lifting the Infiltration Key". Early release from detention may not exceed one third of the period of detention.

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