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Criminal detention is possible. As long as it is identified as a minor injury, it will be troublesome, and it has already violated the criminal law, which is enough to pursue criminal responsibility. This is already troublesome, if you don't call the police at that time and solve it privately, it's okay to say, but now it's troublesome, after the detention, the family should be notified, and the notice should prove that it was sent by the public security organs.
Now in the promotion of criminal reconciliation, we must strive for forgiveness from the victim's family, money is a trivial matter, and freedom is the most important thing.
If the circumstances are minor, it depends on whether the procuratorate can not prosecute, or finally give a suspended sentence, but it has already constituted a criminal punishment.
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Intentional injury that is identified as a minor injury is a criminal offense.
The purpose of criminal detention is to await further investigation and arrest by the Public Prosecutor's Office. Since the characterization of criminal detention implies the initiation of criminal proceedings. Criminal detention is sufficient as long as the suspect's family is notified, and does not require a specific format.
What needs to be done now is to actively compensate the victims and ask for their forgiveness. The circumstances of this case may result in a suspended sentence.
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Except in special circumstances (e.g., if an accomplice has fled, and a report may be made after notification), the family members will be notified within 24 hours of criminal detention. After detention, a notice of detention shall be issued, and the official seal of the public security organ at or above the county level shall be on the document.
If you want to come out, you can apply for release on bail pending further investigation or residential surveillance
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Intentional wounding, regardless of whether it is minor or serious, should be subject to both criminal and civil liability.
I mean, you know?
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Of course it is possible to detain. Yes, there should be a notice and a seal. Minor injuries can be resolved through mediation. It is better to reach an agreement on compensation, otherwise there is a risk of criminal liability.
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Legal Analysis: Criminal detention for 7 days means that a criminal offense is suspected, and the police will conduct criminal detention in order to facilitate the investigation. Ordinary criminal detention is three days, but it can be extended to seven days, and if the circumstances are serious or if there is a gang or wandering crime, the maximum criminal detention can be 30 days.
After the expiration of the criminal detention period, the procuratorate may be requested to arrest, and the procuratorate shall make a decision on whether to approve the arrest within 7 days. If the arrest is approved, they will remain in the detention center until the court makes a decision. It is then dealt with in accordance with the verdict.
Legal basis: Criminal Procedure Law of the People's Republic of China Article 89: Where a public security organ finds it necessary to arrest a person in custody, it shall request that the people's procuratorate review and approve it within three 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.
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Legal Analysis: Detention in criminal proceedings is a compulsory method adopted by the public security organs and people's procuratorates to temporarily deprive the current offender or major suspect of his personal liberty in the course of investigation of a case directly accepted by the public security organs and the people's procuratorate when there is a statutory emergency. Criminal detention must meet two conditions at the same time:
First, the target of detention is an active offender or a major 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. Second, it has one of the statutory emergency circumstances.
Articles 82 and 163 of the Criminal Procedure Law provide different provisions for detention by the public security organs and detention by the people's procuratorates as to what constitutes an emergency.
Legal basis: Criminal Procedure Law of the People's Republic of China Article 84: Public security organs shall interrogate detained persons within 24 hours of detention. When it is found that detention should not be done, the person must be released immediately and a certificate of release must be issued.
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Legal Analysis: Criminal detention refers to detention in criminal proceedings, which is a compulsory method adopted by the public security organs and people's procuratorates to temporarily deprive the current offender or major suspect of his personal liberty in the course of investigation of a directly accepted case of infiltration and in the course of an emergency prescribed by law.
Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 194: In the course of a court trial, if it is learned that a participant or observer of the Zhaoguo litigation violates courtroom order, the chief judge shall give a warning to stop it. Those who do not listen to the stop may be forcibly taken out of the courtroom; where the circumstances are serious, a fine of up to 1,000 RMB or up to 15 days of detention is to be given.
Fines and detentions must be approved by the president. Where the person being punished is dissatisfied with the decision to fine or detain, they may apply to the people's court at the level above for reconsideration. Enforcement is not suspended during the reconsideration period.
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It refers to the compulsory measures temporarily taken by public security organs or people's procuratorates against current criminals or major suspects in the investigation of criminal cases. The public security organs shall interrogate the detained person within 24 hours of detention. If the arrest of a detainee is authorized, it is tried in accordance with the Code of Criminal Procedure, and criminal detention is not a punishment or sanction.
If the detainee is subsequently acquitted, the detainee may apply for state compensation. According to Article 61 of the Criminal Procedure Law, [Conditions for Detention] The public security organs may detain an active offender or a major suspect in any of the following circumstances: Those who are preparing to commit a crime, committing a crime, or being discovered immediately after committing a crime; The victim or a person who witnessed the crime identified him as having committed the crime; Evidence of a crime is found in the vicinity or residence; attempting suicide, escaping, or being at large after committing a crime; There is a possibility of destroying or fabricating evidence or colluding confessions; Those who do not state their real names and addresses, and whose identities are unknown; There is a major suspicion of committing crimes on the go, committing crimes multiple times, or committing crimes in groups.
The conditions for the People's Procuratorate to decide on detention are: 1. Attempting suicide, escaping, or being a fugitive after committing a crime; 2. There is a possibility of destroying or fabricating evidence or colluding confessions. After the people's procuratorate decides to detain you, the public security organs are to enforce it.
The maximum time limit for criminal detention is 30 days, as mentioned above, if the borrowed money is not repaid, the sentence will generally not be imposed, if the law enforcement personnel want to carry out compulsory measures against the parties, they will generally be directly detained in the detention center for processing, and the places where the law enforcement officers are detained will be different for different cases, so the handling of the case has a legal basis and must be carried out according to the process.
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What should I do if my loved one is criminally detained? In accordance with the provisions of the Criminal Procedure Law, a person who has been criminally detained shall, first, immediately learn about the facts of the suspected crime from the public security organ or procuratorate handling the case. Second, they have the right to learn from the case-handling organs about the place of detention.
After a public security organ detains a person, it shall notify the family or work unit of the reason for the detention and the place of detention within 24 hours, except in circumstances where the investigation is obstructed or notification is not possible. Third, if the suspect is not notified of detention after being detained for dozens of days, it may be that the suspect has been arrested in another place, and the detention notice of the case-handling department is sent to the police station where the suspect's household registration is located, and the police station is unable to contact the prisoner's family. If the family determines the place of detention where the suspect is detained or arrested, they may promptly hire a lawyer to meet with the detention center and apply for release on bail pending further investigation for the suspect.
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Legal Analysis: Criminal seizure is a form of compulsory detention that deprives major suspects of their personal liberty in an emergency situation according to the Criminal Procedure Law of the People's Republic of China. For example, if a criminal is committing a crime or is preparing to commit a crime, then compulsory criminal seizure may be carried out.
or where the victim sees the criminal with his own eyes at the scene of the victimization and indicates that he or she is guilty of confessing the crime, criminal seizure may be carried out. If the offender attempts to commit suicide or flee after committing the crime, then a criminal seizure should also be carried out.
Legal basis: Article 82 of the Criminal Procedure Law of the People's Republic of China: 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 their surroundings 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 true 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.
Article 83 of the Criminal Procedure Law of the People's Republic of China: When public security organs carry out detention or arrest in a different location, they shall notify the public security organ for the location of the person being detained or arrested, and the public security organ for the location of the person being detained or arrested shall cooperate.
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