How to deal with both criminal acts and public security violations?

It depends on whether there is a connection between the criminal conduct and the illegal act, and if there is the same nature of the connection, the violation is to be taken as a sentencing circumstance when handling the crime, and it is absorbed; If there is no correlation of different nature, then the judicial and administrative organs shall deal with it separately.

Legal analysisWhere both the administration of public security and the crime are committed, criminal punishment shall be applied. This is because public security punishment is a punishment for people who have committed minor violations and do little harm to society. Criminal punishment is the punishment of a person who has committed a serious crime and is a great harm to society.

Where a crime is constituted, the general harm to society is relatively large, and the social harm caused by the violation of the administration of public security is classified as the social harm caused by the crime, so criminal punishment is applied. The lightest punishment for violations of the administration of public security applies to those who violate the administration of public security for the first time, the circumstances are minor, and the attitude is better after the violation. Warnings are more of a function of education, but they are different from general criticism and education, and are still administrative punishments, whether the punished person agrees or not, are mandatory, and follow the punishment procedure.

Administrative detention. Also known as public security detention, it is a method of public security administrative punishment that detains a person who violates the administration of public security for a certain period of time in a legally prescribed place and deprives him of his or her personal liberty. Revoke the license issued by the public security organ.

In the nature of the punishment, it belongs to the category of qualification punishment, and the subject of the punishment is therefore disqualified from continuing to carry out certain activities. For offenders who violate the administration of public security, after being given public security punishments, if the punished person commits a crime, the criminal punishment will not be increased. Aggravated circumstances include situations such as recidivism and serious circumstances.

Legal basisLaw of the People's Republic of China on Public Security Administration Punishments》 Article 2 Where public order is disrupted, public safety is endangered, personal rights and property rights are violated, social management is obstructed, and a crime is constituted in accordance with the provisions of the Criminal Law of the People's Republic of China, criminal responsibility shall be pursued in accordance with law; where it is not sufficient for criminal punishment, the public security organs are to give public security administrative sanctions in accordance with this Law.

If there is both a criminal act and a public security violation, the punishment for both crimes must be combined, and the punishment may be increased.

You can choose to report to the police, and if the injury is determined to be minor or serious, it can constitute the crime of intentional injury. The other party should be subject to criminal penalties.

Of course, the main punishment is based on illegal acts! Proceed with the handling of criminal cases!

The criterion for distinguishing between a violation of the administration of public security and a criminal act is mainly based on the social harmfulness of the act. Specifically, it can be distinguished from the following aspects: 1. Whether the first circumstance is serious and bad.

If the circumstances are serious and heinous, it constitutes a crime; If the circumstances are minor, it is a violation of the administration of public security. 2 Whether the consequences are severe. if the consequences of the act are serious and constitute a crime; If it has not caused serious consequences, it is a violation of the administration of public security.

3 What means to take. If violence, coercion or other means are used, it constitutes a crime; If violence or coercion is not used, it is a violation of the administration of public security. 4 What is the purpose.

If an act is committed for a specific purpose, it is a crime, and if it is not, it is a violation of the administration of the peace. Comparing the two, that is, in the acts that are harmful to society, the acts that have reached the extreme level are crimes, and other acts that have not yet reached the extreme are violations of the administration of public security. Article 2 of the Law of the People's Republic of China on the Punishment of Public Security Administration:

Where public order is disrupted, public safety is endangered, personal rights and property rights are violated, social management is obstructed, and a crime is constituted in accordance with the provisions of the Criminal Law of the People's Republic of China, criminal responsibility is to be pursued in accordance with law; If it is not sufficient for criminal punishment, the public security organ shall give a public security administrative punishment in accordance with this law. From the information checked, it seems that the Criminal Law and the Law on Penalties for Public Security Administration are similar in content, but there is an essential difference in degree.

Article 12 of the Law of the People's Republic of China on Public Security Administration Punishments: 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 persons under the age of 14 violate the administration of public security, they are not to be punished, but their guardians shall be ordered to strictly discipline them. Article 13 of the "Public Security Administration Punishment Law of the People's Republic of China" Where a mentally ill person violates the administration of public security when he is unable to recognize or control his or her own behavior, he shall not be punished, but his guardian shall be ordered to take strict care of him. Where an intermittent mentally ill person violates the administration of public security when he is mentally normal, he shall be punished.

Article 19 of the Law of the People's Republic of China on Public Security Administration Punishments: In any of the following circumstances, the punishment is commuted or not given: (1) The circumstances are particularly minor; (2) Actively eliminating or mitigating the consequences of the violation, and obtaining the victim's forgiveness; (3) Coerced or tricked by others; (4) Voluntarily surrendering and truthfully stating their illegal conduct to the public security organs; (5) Those who have made meritorious contributions.

Violations of administrative law and the law on penalties for the administration of public security are general violations, and generally the circumstances do not reach the level of a criminal offense; Criminal offenses are generally serious violent crimes that have great social harm. General violations: generally administrative detention for less than 15 days, fines, seizure, confiscation, etc.

1. Illegal photography includes:

1) Running red lights, changing lanes in violation of regulations, pressing lines, illegal parking, etc.;

2) Driving without a seat belt, driving a cigarette or playing with a mobile phone; Carry Kai.

3) Uncivilized driving behaviors such as not giving way to pedestrians on zebra crossings, not turning off headlights, etc.

2. Electronic traffic photography is mainly divided into the following categories:

1) Camera plus flash, mainly shooting red lights, line pressing, retrograde, etc.;

2) Electronic capture is a radar speed measurement, with a particularly high pixel and a clear understanding of the situation in the car, including whether you have fastened your seat belt in accordance with the regulations, dialed and answered, etc.;

3) Illegal parking capture, mainly illegal parking to take pictures, the effective range of about 200 meters, can be autofocused, and illegal parking will keep a ** and a fine of 200 yuan.

Legal basisArticle 43 of the Law of the People's Republic of China on Public Security Administration Punishments.

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; where the circumstances of the appeal are more minor, they are to be detained for up to 5 days or fined up to 500 RMB. In any of the following circumstances, they are to be detained for between 10 and 15 days and fined between 500 and 1,000 RMB

1) Gang up to beat or injure others;

2) Beating or injuring persons with disabilities, pregnant women, persons under the age of 14, or persons over the age of 60;

3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.

How to Handle Criminal Cases It depends on the type of criminal case, and criminal cases are generally investigated by the public security organs, and if they are cases of dereliction of duty, the procuratorial organs are responsible.

Article 115 of the Criminal Procedure Law: Public security organs shall conduct an investigation into a criminal case that has already been filed, and collect and collect evidence of the criminal suspect's guilt or innocence, or the severity or seriousness of the crime. Current offenders or major suspects may be detained in advance in accordance with law, and criminal suspects who meet the requirements for arrest shall be arrested in accordance with law.

Violations of public security penalties are illegal acts, not criminal acts, and the provisions of the Criminal Law apply to criminal acts.

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

Article 2: Where public order is disrupted, public safety is endangered, personal rights or property rights are violated, social management is obstructed, and a crime is constituted in accordance with the provisions of the Criminal Law of the People's Republic of China, responsibility for pre-sentence fighting is to be pursued in accordance with law; where it is not sufficient for criminal punishment, the public security organs are to give public security administrative sanctions in accordance with this Law.

Article 3: The provisions of this Law shall apply to the procedures for public security administrative punishments; Where there are no provisions in this Law, apply the relevant provisions of the "Administrative Punishment Law of the People's Republic of China". Filial piety.

Article 4: This Law shall apply to violations of the administration of public security that occur within the territory of the People's Republic of China, except as otherwise provided by law.

1. What are the penalties for administrative detention?

Administrative detention is an administrative punishment or public security punishment, and is a relatively light punishment imposed by the public security organs on a party who violates administrative regulations. China's "Public Security Administration Punishment Law" stipulates that if an act that infringes on personal rights and property rights, obstructs social management, or is harmful to society, and is not sufficient for criminal punishment, the public security organ shall impose a public security administrative penalty in accordance with the Public Security Administration Punishment Law.

2. Can the creditor harass his son and call the police to claim compensation?

It is advisable to call the police. If the children are persons with full capacity for civil conduct, their civil liability shall be borne by them independently and shall not be related to their parents. If parents are physically threatened or harassed because of their children's debts, they should pay attention to collecting and fixing relevant evidence, and then they can report to the police.

Where public order is disrupted, public safety is endangered, personal rights and property rights are violated, social management is obstructed, and a crime is constituted in accordance with the provisions of the Criminal Law of the People's Republic of China, criminal responsibility is to be pursued in accordance with law; where it is not sufficient for criminal punishment, the public security organs are to give public security administrative sanctions in accordance with the Public Security Administration Punishment Law.

3. What are the types of public security administrative penalties?

1) Warning, 2) Fine, Hui Jinxiang, 3) Administrative detention, 4) Revocation of the permit issued by the public security organ. Foreigners who violate the administration of public security may be subject to an additional time limit for leaving the country or being deported. "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.

Summary. Dear, if you find that there is a public security crime in the crime, you generally need to report to the police or the local public security organ immediately. If you are a witness or victim, you need to provide relevant evidence and information to **, assist ** in investigating the facts of the crime, arresting the criminal suspect, and maintaining social security and public order.

At the same time, in order to protect one's own safety, one should try to avoid clashes with criminals, wait for the arrival of the police and follow the instructions of **.

Hello. Dear, if you find that there is a public security crime in the crime, you generally need to report to the police or the local public security organ immediately. If you are a witness or a victim, you need Zheng Qingshou to provide relevant evidence and letters to **, assist ** in investigating the facts of the crime, arresting the suspect, and maintaining social security and public order.

At the same time, in order to protect your own safety, you should try to avoid conflicts with the criminal difference banquet, wait for the arrival of the police and follow the instructions of **.

Relevant laws and regulations: "Law of the People's Republic of China on Public Security Administration Punishments" Article 2 Where public order is disrupted, public safety is endangered, personal rights and property rights are infringed upon, and the management of the society is obstructed by nuclear elimination, and is harmful to society, and constitutes a crime in accordance with the provisions of the Criminal Law of the People's Republic of China, criminal responsibility shall be pursued in accordance with law; where it is not sufficient for criminal punishment, the public security organs are to give public security administrative sanctions in accordance with this Law.

It means that if I have committed a public security incident, but I have not dealt with it yet, how will I be punished if I commit a public security case.

Hello dear, according to your situation, you need to judge the specific punishment according to the degree of impact of the public security incident.

Generally speaking, for minor public security violations, such as fights and brawls in downtown areas, picking quarrels and provoking troubles, the public security organs may give warnings, fines, administrative sentences, detention and other administrative punishments according to the severity of the circumstances. If your behavior has constituted a criminal act under the Criminal Law, you may face different criminal penalties depending on the nature and circumstances of the crime, such as criminal detention, fixed-term imprisonment, fines, etc.

Both times it wasn't very serious.

Will it be punished together as a criminal offense?

According to your situation, you may be given administrative penalties such as warnings, fines, and administrative detention, which will not constitute criminal punishment.

Two law and order incidents.

Generally speaking, public security incidents are minor administrative violations, but if you commit two or more public security violations in a short period of time, the circumstances are serious and may constitute a criminal case.

Summary. Dear, the handling is as follows: Repeat offenders may be punished heavily. Offenders who have been sentenced to fixed-term imprisonment or more and who commit crimes that should be sentenced to fixed-term imprisonment or higher within five years after the completion of the punishment or pardon are recidivists and shall be given a heavier punishment, except for negligent offenders and persons under the age of 18.

Dear, it's an honor to ask you questions. For illegal acts of the same nature, if he is subject to administrative punishment within six months and is detained by public security, when he commits another crime, he will be punished heavily. <>

Dear, the handling is as follows: Repeat offenders may be punished heavily. If, after the execution of the sentence is completed or pardoned, a person who commits another crime that should be sentenced to fixed-term imprisonment or a punishment of more than X is punished for a crime that should be sentenced to fixed-term imprisonment or more after the execution of the sentence or pardon, he is a recidivist and shall be given a heavier punishment, except for those who commit crimes by negligent offenders and persons under the age of 18. <>

Both words are public security incidents, and they should be transferred to criminal cases.

If both times are public security incidents, the early town will be transferred to the case of X matter, and after the party is punished by public security, if Sun Fengguo commits an illegal act against the administration of public security within 6 months, he will be severely punished in accordance with the law. <>

Dear, only when a serious violation of the law reaches the level of constituting a crime, can the public security organs file and investigate the case, depending on the specific circumstances of the case. <>