Administrative detention, how long can public security detention be released

Updated on society 2024-05-15
8 answers
  1. Anonymous users2024-02-10

    Administrative detention is public security detention. After the expiration of administrative detention (e.g. 5 or 10 days, etc.), you can be released. However, the maximum is generally 15 days, and the penalty shall not exceed 20 days.

    Administrative detention is an important and common type of administrative punishment. 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. Administrative detention is the most severe form of administrative punishment, and is usually applied to situations where serious violations of public security administration do not constitute a crime, and warnings and fines are not sufficient punishments.

    Therefore, the law has strict provisions on the conditions and procedures for its establishment and implementation. 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.

  2. Anonymous users2024-02-09

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

    Article 16: Where there are two or more violations of the administration of public security, separate decisions are to be made and enforcement are combined. Where administrative detention punishments are to be combined, the longest is not to exceed 20 days.

    Public security detention is also an administrative detention and lasts for no more than 15 days. Where two or more administrative detention punishments are to be enforced together, the longest is not to exceed 20 days.

  3. Anonymous users2024-02-08

    Public security detention generally lasts from 1 to 15 days, and the combined period does not exceed 20 days.

    Article 16 of the Law on Public Security Administration Punishments.

    Where there are two or more violations of the administration of public security, separate decisions are to be made and combined for enforcement. Where administrative detention punishments are combined, the longest is not to exceed 20 days.

  4. Anonymous users2024-02-07

    It depends on what the detention is on, whether it is a police station or a detention center.

  5. Anonymous users2024-02-06

    Summary. Public security detention is a compulsory legal measure taken by the public security organs for minor violations. The period of detention may be up to 15 days in accordance with the provisions of the Administrative Detention Law, during which the detainee's personal liberty is restricted.

    In accordance with the provisions of the Administrative Detention Law, the period of public security detention is calculated from the date on which the detention decision is made and ends on the date of expiration. If the period of detention is to be extended for a detainee, the public security organ shall issue a written decision and promptly inform the detainee and his family or unit. Under normal circumstances, the public security organs may release detainees early on the basis of specific circumstances if they have made corrections during the period of detention through methods such as admitting guilt and accepting punishment, carrying out labor or study, and have not caused serious harm to society.

    At the same time, early release may also be granted if the detainee behaves well while in detention. It is important to note that public security detention is not the same as criminal detention and may face criminal detention if the offence involves criminal law.

    Public security detention is a compulsory legal measure taken by the public security organs for minor violations. The period of detention may be up to 15 days in accordance with the provisions of the Administrative Detention Law, during which the detainee's personal liberty is restricted. In accordance with the provisions of the Administrative Detention Law, the period of public security detention is calculated from the date on which the detention decision is made and ends on the date of expiration.

    If the detainee is to be detained for a longer period of time, the public security organs shall issue a written decision and promptly inform the detainee and his family or unit. Under normal circumstances, the public security organs may release detainees who have been corrected during the period of detention by means such as admitting guilt and accepting punishment, performing labor or study, and have not caused serious harm to society, on the basis of specific circumstances. At the same time, early release may also be granted if the detainee behaves well while in detention.

    It is important to note that public security detention is not the same as criminal detention, and if the offence involves criminal law, you may face criminal detention.

    Others are in arrears of wages, we go to ask for wages, block the door with a car, and if we are detained, we will be detained for a few days, will we give a notice.

    How much wages are owed.

    How many people go. There should be more than a dozen people, and we are car owners.

    Is the other party an enterprise or a ** department?

    Enterprise. In general, if the detention is less than 3 days, a notice may not be issued. However, if you are detained for more than 3 days, you need to issue a notice of administrative detention to return to the city, which will state the specific time and reason for the detention.

  6. Anonymous users2024-02-05

    Legal analysis: After the expiration of administrative detention (such as 5 or 10 days, etc.), you can be released. However, the maximum is generally 15 days, and the penalty shall not exceed 20 days.

    Legal basis: Article 10 of the Law of the People's Republic of China on Public Security Administration Punishments is divided into:

    a) Warning;b) Fines;

    3) Detention in administrative absence;

    4) Cancel the license issued by the public security organs.

    Foreigners who violate the administration of public security may be subject to an additional time limit or deportation.

  7. Anonymous users2024-02-04

    Public security detention is one of the administrative punishments, also known as administrative detention. Administrative detention refers to a punishment measure imposed by the public security organs on citizens who violate administrative laws and regulations to restrict their personal freedom for a short period of time. The period is more than 1 day and less than 15 days.

    Administrative detention is a punishment that restricts a citizen's personal freedom, and it is also one of the most severe punishments in administrative punishment. Administrative detention in China is mainly public security detention. Since it is a severe administrative punishment, the provisions of the law on this punishment are also strict, and only the public security organs can implement it, and no other administrative organ has the right to enforce it.

    The place of detention is a public security detention center.

    The detention center shall promptly take the detainee into custody on the basis of the detention decision document of the organ making the detention decision. Where it is necessary to be taken into custody in a different location, the organ making the detention decision shall issue relevant legal documents and a written explanation of the need for detention in another location, and obtain the approval of the public security organ in charge of the detention facility in the other location. When a detention facility takes a detainee into custody, it shall inform the detainee of the rights he or she enjoys in accordance with law and the provisions that shall be followed.

    1. What is the procedure for public security detention?

    1. Investigation. Public security organs shall promptly accept and register cases of violations of public security management codes transferred by other administrative departments and judicial organs in cases of reporting, accusing, reporting, or violating the administration of public security.

    2. Decision. After the investigation of a public security case is completed, the public security organs shall make the following dispositions based on different circumstances:

    1) Where there is indeed an illegal act that shall be punished by public security administration in accordance with law, a punishment decision shall be made based on the severity of the circumstances and the specific circumstances;

    2) Where punishment is not to be imposed in accordance with law, or where the facts of the violation cannot be established, a decision not to punish or punish shall be made;

    3) If the illegal act has been suspected of being a crime, it shall be transferred to the competent authority for investigation of criminal responsibility in accordance with law;

    4) If it is found that the person who violates the administration of public security has other illegal acts, the relevant administrative department shall be notified at the same time as making a penalty decision for the violation of the administration of public security.

    3. Execution. For persons who have been given a decision to be given administrative detention, the public security organ that made the decision is to send them to the detention center for enforcement.

  8. Anonymous users2024-02-03

    Legal Analysis: Administrative detention is public security detention. Administrative detention can be released after the expiration of the burning.

    However, the maximum is generally 15 days, and the penalty shall not exceed 20 days. According to Article 16 of the "Law on Public Security Administration Punishments", 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.

    Legal basis: Article 16 of the Law of the People's Republic of China on the Punishment of Public Security Administration: 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.

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