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Criminal detention will not be preceded by public security detention, and criminal detention will be handled as long as the conditions for criminal detention are met.
Article 80 of the Criminal Procedure Law: Public security organs may detain current offenders or major suspects in any of the following circumstances:
1) They are preparing to commit a crime, committing a crime, or are 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 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.
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Hello, not necessarily, contact the entrusted lawyer for help in time.
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Generally not, criminal detention is completely different from administrative detention, the former is a criminal coercive measure and is applied to suspected crimes, and the latter is the result of punishment and is applicable to minor violations. Unless the suspect has both criminal and illegal acts, he will generally not be placed under administrative detention and then criminally detained (there are also special circumstances, such as the recent "Hundred Cities Anti-Drugs" period, if a drug addict is caught with a small amount of drugs, then administrative detention and then criminal detention will be carried out to complete the two numerical indicators. However, it is rare and uncommon. )
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Legal Analysis: Public security organs may detain current offenders or major suspects in advance under any of the following circumstances:
1) They are preparing to commit a crime, committing a crime, or are 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 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 basis: "Criminal Procedure Law of the People's Republic of China" Article 82: Public security organs may detain current offenders or major suspects in advance in any of the following circumstances:
1) They are preparing to commit a crime, committing a crime, or are 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 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.
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Can I get out of public order detention earlier? The maximum administrative detention is 15 days, the detention center provides food and drink, and will not be bullied, and will not be released early unless there are legal circumstances. According to Article 17 of the Regulations on Detention Centers, detention centers shall provide food and drink for detainees in accordance with the prescribed standards, and respect the ethnic dietary habits of detainees.
Article 19: Where a detention facility 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) suffering from mental illness or infectious disease that requires isolation**; (2) The condition is serious and might endanger life safety. Article 23: Where a detainee commits any of the following illegal acts, the detention center may reprimand, order him to make a statement of repentance, or use police equipment:
1) Making noise, fighting, or brawling; (2) Beating or bullying others; (3) Intentionally damaging the property of the detention center or the property of others; (4) Premeditating or carrying out an escape; (5) Other conduct that seriously violates management. The use of police equipment by people's police in detention facilities against detainees shall be approved by the director of the detention center, and shall comply with the provisions of relevant laws and administrative regulations. Additional Information:
Circumstances in which detention is not to be taken into custody or released early: (1) Those who are mentally ill or have infectious diseases and need to be isolated; (2) The condition is serious and might endanger life safety. (3) Those who are unable to take care of themselves; (4) Leaving the hospital due to illness and unable to do so in a short period of time. The above is about the security detention can come out in advance, I hope it will help you.
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Legal Analysis: Under normal circumstances, public security residence cannot be released in advance, unless the individual suffers from a serious illness or the person concerned is dissatisfied and initiates a reconsideration, and the public security organ considers the reconsideration to be legal, and will lift the administrative detention measures. Public security detention is one of the administrative punishments, also known as administrative detention.
The period is more than 1 day and less than 15 days.
Legal basis: "Public Security Administration Punishment Law of the People's Republic of China" Shanyan Article 107 Where a person who is punished 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 punishment decision of administrative detention is to be suspended by the punishment decision of the penalized person or the close relatives of the person preparing for the tour to submit a guarantor that meets the requirements provided for in article 108 of this Law, or to pay a guarantee deposit of 200 yuan per day of administrative detention.
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 detention: (1) Rolling Yu is mentally ill or suffering from an infectious disease and needs to be isolated**; (2) The condition is serious and might endanger life safety.