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Those who meet the following conditions may be criminally detained.
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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Criminal detention is a compulsory method adopted by the public security organs and people's procuratorates to temporarily deprive an active offender or a major suspect of his or her personal liberty in the course of investigation of a case directly accepted by the public security organs or people's procuratorates when they encounter a statutory emergency.
Criminal detention must meet two conditions at the same time: first, the object of detention is an active offender or a serious suspect. An active offender is a person who is in the process of committing a crime, and a major suspect is a person who has evidence to prove that he is suspected of committing a major crime.
That is to say, first of all, your behavior is already suspected of a crime, and it is not within the scope of ordinary public security punishment. Second, there is one of the statutory emergency circumstances, and criminal detention must be carried out immediately to achieve the effect of controlling the occurrence of the harm.
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Legal Analysis: Conditions for Criminal Detention: Is a current offender or a major suspect, and has one of the statutory emergency circumstances; Where the public security organs find that it is necessary to arrest a detained person, they shall submit a request to the people's procuratorate for review and approval within 3 days of the detention.
Under special circumstances, the time for submitting a request for review and approval may be extended by one to four days.
Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 82: In any of the following circumstances, public security organs may detain Zhifan in advance of current offenders or persons who are seriously suspected of being tolerant of tremors: (1) those who are preparing to commit a crime, committing a crime, or being 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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Legal analysis: The following conditions must be met for detention: First, the object of detention is a criminal or a major suspect.
An active offender is a person who is currently committing a crime, and a major suspect is a person who has evidence to prove that he is suspected of committing a major crime. Second, there is one of the statutory emergency circumstances, such as the person who is preparing to commit a crime, committing a crime, or being discovered immediately after committing a crime, or the victim or a person who was present at the scene identified him as having committed the crime.
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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Article 80 of the Criminal Procedure Law stipulates that a person who commits a crime or is a major suspect in any of the following circumstances: The public security organs may detain the public security organs in advance
1) Those who are preparing to commit a crime, committing a crime, or being 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, running away, or being on the run after committing a crime.
5) There is a possibility of destroying or fabricating evidence or colluding confessions.
6) Those who do not tell their real names and addresses, and whose identities are unknown.
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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