What should I do if I am wrongfully convicted and detained? What to do if the criminal detention is

If the person is wrongfully detained, the person concerned may, within two months, apply to the public security organ at a higher level for reconsideration in accordance with the law.

If they are not satisfied with the result of the reconsideration, they may also file an administrative lawsuit with the people's court in accordance with the law within three months to assert their rights.

If the detention is wrongfully revoked, the case-handling unit shall compensate the state.

Article 9 of the Administrative Punishment Law: Where citizens, legal persons or other organizations believe that a specific administrative act infringes upon their lawful rights and interests, they may submit an application for administrative reconsideration within 60 days from the date on which they become aware of the specific administrative act; However, the application period stipulated by law exceeds 60 days.

Where the statutory application time limit is delayed due to force majeure or other legitimate reasons, the application time limit shall continue to be calculated from the date on which the obstacle is removed.

The police have the right to detain you for 48 hours if they suspect you of illegal acts, and if they detain you for more than 48 hours without evidence, it is a violation of your rights. In fact, whether it is illegal or not, since the person has come out, you should forget it, be careful and go around yourself again, this is China.

There are two kinds of detention, one is criminal detention and the other is administrative detention, and the nature of the two detentions is different, criminal detention is suspected of committing a crime, while administrative detention is illegal. There is also a situation of retention in custody review, up to 48 hours, if you are administratively detained, they read to you the facts of your illegal act and the time of administrative detention of you, inform you of your rights and obligations, if you do not agree, you can ask for reconsideration, the implementation of personal security and money security, detention can not be carried out, wait until the final decision, and liuzhi review for 48 hours is a compulsory measure during the investigation, if you work in a place of violation, and gambling is found in the venue, it is normal for you to be placed in custody for review. There is nothing illegal.

If it was administrative detention and you agreed to it at the time, there is no point in appealing now, but if you are released after two days of criminal detention, it means that you are not suspected of committing a crime, and it is normal.

The fault is that you don't know enough about society.

The two days of detention are to assist in the investigation, which is not a big problem in the law, and the final release of you has already proved your innocence. It's troublesome to defend your rights, and this case is not very good for you.

Detention without leaving a case record.

And I think ... Whether you know it or not, it's illegal for you to work in what they call a gambling establishment.

Victims who have been wrongfully detained may apply for state compensation in accordance with law. The law stipulates that if a person who has not committed a crime or who is wrongfully detained without facts and is suspected of having committed a crime with aggravated leniency has not been proven, the victim has the right to compensation, i.e., the right to compensation for the violation of personal liberty.

State Compensation Law of the People's Republic of China

Article 17. Where organs exercising investigative, procuratorial, or adjudicative powers, as well as detention centers, prison management organs, and their staffs, violate their personal rights in any of the following circumstances while exercising their powers, the victim has the right to receive compensation:

1) Where detention measures are taken against citizens in violation of the provisions of the Criminal Procedure Law, or where detention measures are taken against citizens in accordance with the conditions and procedures provided for in the Criminal Procedure Law, but the period of detention exceeds the time limit provided for in the Criminal Procedure Law, and a subsequent decision is made to withdraw the case, not to prosecute, or to make a judgment declaring an acquittal and terminating the pursuit of criminal responsibility;

2) After employing arrest measures against a citizen, a decision is made to withdraw the case, not to prosecute Chajimeng, or a judgment to declare an acquittal and terminate the pursuit of criminal responsibility;

3) Where the verdict is changed to not guilty in accordance with the trial supervision procedures, and the original sentence has already been served;

4) Extorting confessions by torture or causing bodily injury or death to citizens by beating or ill-treatment, or instigating or indulging others to beat or abuse others;

5) Illegally using ** or police equipment to cause bodily injury or death to citizens.

1. Under what circumstances detention may be permitted.

1) They are preparing to commit a crime, committing a crime, or are discovered immediately after committing a crime; Imaginary bridge.

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 at large after committing a crime;

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

6) Not telling their real name or address, and their identity is unclear;

7) There is a major suspicion of committing a crime on the go, committing a crime multiple times, or committing a crime in a group.

Legal Analysis: Where people's courts, people's procuratorates, and public security organs discover that compulsory measures taken against criminal suspects or defendants are improper, they shall promptly revoke or change the basis for raising the case. Therefore, if the people's courts, people's procuratorates, and public security organs discover that the criminal detention measures are in error, they shall revoke the decision on where to take the criminal detention and release the criminal suspect, but if other measures need to be taken based on the review of the case, they may be changed to other compulsory measures.

Legal basis: Article 96 of the Criminal Procedure Law of the People's Republic of China If the people's courts, people's procuratorates, and public security organs discover that compulsory measures against criminal suspects or defendants are improper, they shall promptly revoke or modify them. Where the public security organs release the arrested person or modify the arrest measures, they shall notify the people's procuratorate that originally approved it.

Legal Analysis: Criminal detention refers to a compulsory measure taken by public security organs in the course of investigating a criminal case to temporarily restrict the personal liberty of a criminal suspect when he or she is in the process of committing a crime or is suspected of committing a major crime, is in the process of committing a crime or attempts to escape, commit suicide, destroy evidence, or other emergencies, and does not have time to go through the arrest formalities.

Legal basis: "State Compensation Law of the People's Republic of China" Article 15: When a people's court hears an administrative compensation case, the claimant for compensation and the organ with the obligation to compensate shall provide evidence for its own claims. Where the person whose personal liberty is restricted dies or loses his or her capacity during the period when the organ with the obligation to compensate is to take compulsory measures to detain or restrict personal liberty, and whether there is a causal relationship between the conduct of the organ with the obligation to compensate and the death or incapacity of the person whose personal liberty has been restricted, the organ with the obligation to compensate shall provide evidence.

Where a party is wrongfully criminally detained, he or she may claim state compensation, and the standards for state compensation are as follows:

1. Where a citizen's personal freedom is violated, the daily compensation shall be calculated according to the average daily wage of the employee in the previous year;

1) If bodily injury is caused, medical expenses, nursing expenses, and compensation for the loss of income due to lost work shall be paid. The daily compensation for the reduction of income shall be calculated on the basis of the average daily wage of the employees of the State in the previous year, and the maximum amount shall be five times the average annual wage of the employees of the State in the previous year;

2) If the person loses his or her ability to work in part or in total, he or she shall pay medical expenses, nursing expenses, disability living aids, expenses and other necessary expenses due to disability and expenses necessary for continuation, as well as disability compensation. Disability compensation shall be determined according to the degree of incapacity for work and in accordance with the level of disability prescribed by the State, and shall not exceed 20 times the average annual wage of employees in the previous year. If the total loss of the ability to work is caused, the person who is unable to work shall also be paid living expenses;

3) If death is caused, death compensation and funeral expenses shall be paid, and the total amount shall be 20 times the average annual salary of the state employee in the previous year. Living expenses shall also be paid to persons who are unable to work and who are supported by the deceased during his lifetime.

3. Legal basis: Articles 33 and 34 of the State Compensation Law of the People's Republic of China.

1. What is the general procedure for the execution of criminal detention?

1. Where the Gongling Information Security Organ needs to detain a criminal suspect in accordance with the law, the undertaking unit shall fill out a "Petition for Detention Report", which shall be approved by the responsible person of the public security organ at or above the county level, and a "Detention Certificate" shall be issued, and then the unit requesting approval for detention shall be responsible for enforcement.

2. In cases where the people's procuratorate decides to detain, the case-handling personnel shall submit opinions, the responsible person for the department shall review it, and the chief procurator shall make a decision. In cases where a decision is made to detain, the people's procuratorate shall send the written decision of detention to the public security organs, which are responsible for enforcement. The public security organs shall immediately enforce it, and the people's procuratorate may assist the public security organs in enforcing it.

3. When the public security organ carries out detention, it must present the detention warrant and order the detainee to sign (affix a seal) and put a fingerprint on the detention warrant. Where they refuse to sign (affix a seal) or have their fingerprints pressed, the person enforcing detention shall make a notation. If the detainee resists detention, the executive has the right to use coercive methods, including the use of restraints.

After detention, except in cases where the investigation is obstructed or notification cannot be made, the organ that makes the decision to detain shall notify the detainee's family or his unit within 24 hours of the reason for the detention and the place of detention.