What to do if you are in judicial custody for 105 consecutive days

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Depending on your situation, we are as follows:

Judicial detention: It is a measure taken to eliminate obstruction in the course of civil litigation and administrative litigation against persons who obstruct litigation, which is not only a compulsory measure of litigation, but also has a certain punitive nature.

According to Article 102 of China's "Civil Procedure Law": Where a litigation participant or other person commits any of the following acts, the people's court may impose a fine or detention according to the severity of the circumstances; where a crime is constituted, criminal responsibility is pursued in accordance with law: (1) fabricating or destroying important evidence, obstructing the people's court's trial of the case; (2) Using violence, threats, or bribery to prevent witnesses from testifying, or instigating, bribing, or coercing others to give false testimony; (3) Concealing, transferring, selling, or destroying property that has already been sealed or seized, or property that has been inventoried and ordered to be kept, or transferring property that has been frozen; (4) Insulting, slandering, framing, beating, or retaliating against judicial personnel, litigation participants, witnesses, translators, evaluators, inquest personnel, or persons assisting in enforcement; (5) Using violence, threats, or other methods to obstruct judicial personnel from performing their duties; (6) Refusal to perform on a judgment or ruling of a people's court that has already taken legal effect.

Therefore, detention can only be applied in the above circumstances, and if it is verified that the person concerned is truly unable to enforce the effective legal documents, he cannot be detained. If you are still detained, then according to Article 105 of the Civil Procedure Law, if you are not satisfied with the detention decision, you can apply to the court at the next higher level for reconsideration.

Apply to the detention unit for administrative reconsideration from the higher-level supervisory unit or dispatched unit.

Legal analysis: If you have money to repay but refuse to repay, the court will first impose a fine or judicial detention, and if you still refuse to repay, you can be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine.

Legal basis: Article 313 of the Criminal Law of the People's Republic of China: Where a people's court judgment or ruling is capable of being enforced but refuses to do so, and the circumstances are serious, a sentence of up to three years imprisonment, short-term detention or a fine is to be given; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.

Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.

If the detention has been completed for 15 days, the people's court shall release the debtor, and the party must not detain the debtor until the lawsuit is filed. Detention cannot be made after a lawsuit has been filed, and the debtor must fail to perform its obligations under the judgment after the judgement has entered into force in order to be able to be detained.

Article 41 of the Criminal Law [Calculation and Reduction of Controlled Sentences] The controlled sentence is calculated from the date on which the judgment is enforced; Where a person is detained before the judgment is enforced, the sentence is to be detained for one day and two days. Article 44: [Calculation and Deduction of Short-term Detention Sentences]The sentence of short-term detention is calculated from the date on which the judgment is enforced; Where a person is taken into custody before the judgment is enforced, the sentence is to be deducted for one day of detention. Article 47: [Calculation and Deduction of Sentences of Fixed-term Imprisonment]The term of fixed-term imprisonment is calculated from the date on which the judgment is enforced; Where a person is taken into custody before the judgment is enforced, the sentence is to be reduced by one day for each day of detention.

People detained in detention centers are usually contemplated and do morning exercises every day. Learn about the law and newspapers. Simple manual labor.

Detention centers with better conditions play chess and watch TV in their spare time. In it, they are required to receive education, carry out educational and cultural activities, and perform the necessary physical labor. What detention facilities do on a daily basis is inconsistent in each region.

1. What is the detention doing inside.

Detention requires the following to be done inside:

1. During the period of detention, the detainees should study law, morality, culture, etc.;

2. Participate in the sanitation and cleaning of the detention center;

3. Participate in labor education and vocational skills training.

In accordance with relevant provisions, detention centers shall establish an education system to educate detainees on law, morality, culture, current affairs, policies, regulations, behavior development, skills training, mental health, and so forth. The education of detainees may be grouped, categorized, individually, psychologically corrected, and persuaded by relatives and friends. Detention, means detention, detention.

Generally, there are three types of detention, namely criminal detention, administrative detention and civil detention.

2. What are the differences between detention centers and detention centers?

Detention centers and detention centers have different detainees. The objects of detention in detention centers are persons detained for public security and persons who have been judicially detained by the court, while the objects of detention in detention centers are criminal suspects and defendants who have been detained or arrested in accordance with the law, as well as convicted offenders whose sentences are less than one year remaining, and detention centers have the nature of criminal detention organs. In addition, the legal basis for the application of the two is also different, and the Regulations on Administrative Penalties for Public Security and the Regulations on Detention Centers are applicable to detention facilities.

3. What to do with criminal detention of mobile phones.

Mobile phones for criminal detention are to be registered and kept by the detention center. Under normal circumstances, when a detention facility takes a detainee into custody, it shall conduct an inspection of the detainee's person and belongings. Detainees' non-necessities and cash are registered and kept by the detention center.

If contraband and other items related to the case are found during the inspection, they shall be handed over to the detention decision-making organ for handling in accordance with law.

Measures for the Implementation of the Regulations on Places of Detention

Article 59: Detention centers shall establish an education system to educate detainees on law, morality, culture, current affairs, policies, rules, behavior development, skills training, mental health, and so forth.

Article 60: The education of detainees may be carried out in the form of collective education, categorical education, individual education, psychological corrections, persuasion by relatives and friends, social assistance and education, and speaking out to speak. The detention facility shall conduct the first conversation education within 24 hours of the detainee's entry into the detention center, and conduct a conversation education session before the detainee is released from detention. Group education for detainees is not less than 10 hours per week.

The maximum period of judicial detention is 15 days. Judicial detention, also known as civil detention, is a compulsory measure taken by a people's court to restrict the personal liberty of a person who has seriously obstructed litigation activities for a short period of time in order to ensure the normal conduct of trial activities. The court has the power to decide on judicial detention.

Article 110 of the Civil Litigation Law: Litigation participants and other persons shall abide by the rules of the court. People's courts may admonish those who violate court rules, order them to leave the courtroom, or impose fines or detention. The people's courts are to pursue criminal responsibility in accordance with law for those who make a disturbance or storm the courtroom, insult, slander, threaten, or assault adjudicators, or seriously disrupt court order; where the circumstances are more minor, they are to be fined or detained.

Article 111 of the Civil Procedure Law: Where litigation participants or other persons commit any of the following acts, the people's courts may fine or detain them on the basis of the severity of the circumstances; where a crime is constituted, criminal responsibility is pursued in accordance with law: (1) Fabricating or destroying important evidence, obstructing the people's court's trial of the case; (2) Using violence, threats, or bribery to prevent witnesses from testifying, or instigating, bribing, or coercing others to give false testimony; (3) Concealing, transferring, selling, or destroying property that has already been sealed or seized, or property that has been inventoried and ordered to be kept, or transferring property that has been frozen, and so forth.

Article 115 of the Civil Procedure Law of the People's Republic of China The amount of fines imposed on individuals is not more than RMB 100,000. The amount of fines imposed on units shall be between RMB 50,000 and RMB 1,000,000. The period of detention is not more than 15 days.

Detained persons are to be handed over by the people's courts to the custody of the public security organs. During the period of detention, if the detainee admits and corrects his mistake, the people's court may decide to release him from detention in advance.

The maximum period of judicial detention is 15 days and may not be applied consecutively, but the detention may be re-imposed.

Article 115 of the Civil Procedure Law stipulates that the amount of a fine imposed on an individual shall not exceed RMB 100,000. The amount of the fine imposed on the unit shall be between RMB 50,000 and RMB 1,000,000. The period of detention is not more than 15 days.

Detained persons are to be handed over by the people's courts to the custody of the public security organs. During the period of detention, if the detainee admits and corrects his mistakes, the people's court may order Sakura to decide to release him from detention early.