Can the security authorities be lenient for violating the Public Security Administration Punishment

Article 9 of the "Public Security Administration Punishment Law of the People's Republic of China": For violations of the administration of public security such as fighting or damaging other people's property caused by civil disputes, the public security organs may mediate and deal with the violations of public security administration if the circumstances are relatively minor. Where the public security organs mediate and the parties reach an agreement, punishment is not to be given.

Note that the above is written "may" rather than "should", the choice is up to the public security organs, if the public security organs must punish as far as I know, it is generally feasible to take the initiative to seek mitigation and lighter punishment There are the following three methods:

1. Take the initiative to eliminate or mitigate the consequences of the violation, and obtain the victim's forgiveness. My understanding is that you can take the initiative to ask the victim to issue a letter of understanding to prove that you have been forgiven by compensating for medical expenses, lost work expenses, property damage expenses, repairs and restoration, and sincerely apologizing.

2. Voluntarily surrendering and truthfully stating their illegal conduct to the public security organs. This is rarely encountered, and being caught at the scene or waiting for the police to arrive at the scene will not be mitigated or mitigated. If someone is not caught on the scene, it is unlikely that they will surrender themselves, and there will always be the idea of trying their luck, but now that technology is very developed, there are fewer and fewer flukes;

3. Another unreliable way is to complain and sell miserably. The public security organs shall enforce the punishment of the "Public Security Administration Punishment Law of the People's Republic of China", but there is a range, for example"Those who assault others, or intentionally injure others, are to be detained for between 5 and 10 days and fined between 200 and 500 RMB"In this sentence, the public security organs can give a "5 days of administrative detention and a fine of 200 yuan" or "10 days of administrative detention and a fine of 500 yuan" without violating the law, but the problem is that the public security leader is not your relative, and people are not the first day of law enforcement, how can they pity you.

In addition, it is also necessary to look at the discretionary standards for violating the administration of public security announced by each locality, and determine how the punishment can be regarded as a relatively minor punishment or a serious aggravated punishment.

Finally, I want to say that the two illegal acts are punished together, and the "Public Security Administration Punishment Law of the People's Republic of China" also gives a maximum of 20 days of administrative detention for combined execution, and the number of days of detention is already very small.

The principle of legality and reasonableness used by the public security organs in making administrative punishments can be sought, and the public security organs do not necessarily thank you.

Hello, this situation is mainly determined by the plot and may be lenient.

Legal Analysis: Public security administrative penalties refer to the administrative penalties imposed by China's public security organs in accordance with public security administration regulations for illegal acts that disrupt social order, endanger public safety, infringe on citizens' personal rights, and infringe on public and private property, and the circumstances are minor enough to be criminally punished. The punishment organ for violating the provisions on the administration of public security shall be adjudicated by the county or city public security bureau, the public security sub-bureau, or the public security organ at the county level.

Legal basis: "Public Security Administration Punishment Law of the People's Republic of China" Article 33 Whoever commits any of the following acts shall be detained for between 10 and 15 days: (1) stealing or damaging oil and gas pipelines and facilities, electric power and telecommunications facilities, radio and television facilities, water conservancy and flood control engineering facilities, or public facilities such as hydrological monitoring, surveying, meteorological surveying, environmental monitoring, geological monitoring, and monitoring; (2) Moving or destroying boundary markers, boundary pillars, and other border markers, rotten and withered border facilities, or territorial or territorial sea marker facilities on the State border; (3) Illegally carrying out activities that affect the direction of national (border) boundaries or constructing facilities that obstruct national (border) border management.

Penalties for violations of public security administrative penalties shall be adjudicated by the county or municipal public security bureau, public security sub-bureau, or public security organ equivalent to the county level.

Whoever violates the administration of public security shall not be punished.

According to article 21 of the "Public Security Administration Punishment Law", if a person who violates the administration of public security has any of the following circumstances and shall be given an administrative detention penalty in accordance with this law, the administrative detention punishment shall not 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 have violated the administration of public security for the first time;

3) 70 years of age or older;

4) Pregnant or breastfeeding a child under the age of one.

What are the non-penalties for violations of the administration of public security.

1. Where a person who has reached the age of 14 but is not yet 18 years old violates the administration of public security, the punishment shall be mitigated or commuted; Where a person who is not yet four years old violates the administration of public security, he shall not be punished, but his guardian shall be ordered to strictly discipline him.

2. Where a mentally ill person violates the administration of public security when he is unable to recognize or control his own behavior, he shall not be punished, but his guardian shall be ordered to strictly supervise and supervise him. Where an intermittent mentally ill person violates the administration of public security when he is mentally normal, he shall be punished.

3. Where a blind person or a deaf or mute person violates the public security administration brother's trust, he may be mitigated, commuted, or not punished.

What are the heavier punishments for violating public security administration regulations?

In any of the following circumstances, violations of the administration of public security are to be given a heavier punishment;

1) There are more serious consequences;

2) Instigating, coercing, or deceiving others into violating the administration of public security;

3) Retaliation against informants, accusers, informants, or witnesses;

4) Those who have received a public security administrative punishment within six months.

Who is not punished for violating the administration of public security?

Violations of the administration of public security are not punished in the following ways:

1. Where a person under the age of 14 violates the administration of public security, he shall not be punished;

2. Where a mentally ill person violates the administration of public security when he is unable to recognize or control his own behavior, he is not to be punished;

3. Where a blind person or a deaf or mute person violates the administration of public security, he may be mitigated, commuted, or not punished.

What are the punishment organs for public security administrative acts?

"Public security administrative punishment" refers to the administrative punishment imposed by China's public security organs in accordance with public security administration laws and regulations on illegal acts that disrupt social order, endanger public safety, infringe on citizens' personal rights, infringe on public or private property, and the circumstances are minor enough to be criminally punished.

The punishment organ for violating the provisions on the administration of public security shall be adjudicated by the county or municipal public security bureau, public security sub-bureau, or public security organ equivalent to the county level.

Article 33 of the Regulations on Penalties for Public Security Administration stipulates that the punishment for violations of public security administration shall be decided by the county or municipal public security bureau, public security sub-bureau or the public security organ equivalent to the county level.

The organs for punishment of violations of the administration of public security include the people's ** at or above the county level, public security organs, police stations and other organs. According to the law, the public security department is responsible for the management of public security throughout the country. Local people's public security organs at or above the county level are responsible for the administration of public security within their respective administrative regions.

The jurisdiction of public security cases shall be prescribed by the public security department.

Article 7 of the Law of the People's Republic of China on Public Security Administration Punishments.

The public security department is responsible for the administration of public order throughout the country. Local people's public security organs at or above the county level are responsible for the administration of public security within their respective administrative regions. The jurisdiction of public security cases shall be prescribed by the public security department.

Article 91.

Public security administrative penalties shall be decided by the people's ** public security organs at or above the county level; Among them, the warning and the fine of less than 500 yuan can be decided by the public security police station.

Article 112.

Public security organs and their people's police shall handle public security cases in accordance with law, fairly, strictly, and efficiently, enforce the law in a civilized manner, and must not twist the law for personal gain.

Legal Analysis: The Public Security Administration Punishment Law is formulated for the purpose of maintaining public order, ensuring public safety, protecting the legitimate rights and interests of citizens, legal persons and other organizations, and regulating and ensuring that public security organs and their people's police perform their public security administration duties in accordance with the law. Where people's police violate the Public Security Administration Punishment Law, punishment is to be given in accordance with the provisions of the Public Security Administration Punishment Law and the Administrative Organs' Regulations on Sanctions for Civil Servants, such as warnings, demerits, or dismissal.

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

Article 10: The types of public security administrative punishments are divided into: (1) warnings; (2) Fines; (3) Administrative detention; (4) Revoke permits issued by public security organs. Foreigners who violate the administration of public security may be subject to an additional time limit for leaving the country or being deported.

Article 116: Where people's police handle public security cases and exhibit any of the following conduct, they are to be given administrative sanctions in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law: (1) extorting confessions by torture, corporal punishment, abusing or insulting others; (2) Restricting personal liberty beyond the time limit for questioning and verification; (3) Failure to implement a system of separating the decision to impose fines from the collection of fines, or not following provisions to hand over confiscated assets to the state treasury or dispose of them in accordance with law; (4) Privately dividing, misappropriating, misappropriating, or intentionally destroying confiscated or seized property; (5) Using or failing to promptly return the victim's property in violation of provisions; (6) Violating provisions by failing to return the deposit in a timely manner; (7) Taking advantage of one's position to accept property from others or seek other benefits; (8) Collecting fines on the spot, not issuing a receipt for the fine, or not truthfully filling in the amount of the fine; (9) Failing to promptly dispatch the police after receiving a report requesting a stop to conduct violating the administration of public security; (10) When investigating and handling activities that violate the administration of public security, giving information to the perpetrators of violations or crimes; (11) There are other circumstances of twisting the law for personal gain, abusing authority, or failing to perform legally-prescribed duties in accordance with law. Where public security organs handling public security cases exhibit the conduct listed in the preceding paragraph, the directly responsible managers and other directly responsible personnel are to be given corresponding administrative sanctions.

Article 117: Where public security organs and their people's police illegally exercise their authority and infringe upon the lawful rights and interests of citizens, legal persons, and other organizations, they shall make a formal apology; and where damage is caused, they shall be liable for compensation in accordance with law.

Article 6 of the Regulations on the Punishment of Civil Servants of Administrative Organs: The types of sanctions for civil servants of administrative organs are: (1) warnings; (2) Demerits; (3) Recording a major demerit; (4) De-escalation; (5) Removal from office; (6) Expulsion.