Can a bicycle thief be detained without saying his true identity? What happens when the detention pe

According to the provisions of the Criminal Procedure Law, where a criminal suspect does not give his or her real name or address, and his identity is unknown, the period of investigation and detention is calculated from the date on which his identity is clarified. However, the investigation and collection of evidence of their criminal conduct must not be stopped. Where the facts of the crime are clear and the evidence is credible and sufficient, it may also be transferred to the people's procuratorate for review for prosecution in their self-reported names.

In the actual course of handling cases, some criminal suspects refuse to state their names and addresses, or deliberately forge their names and addresses, or deliberately forge their own names and addresses, because they are fugitives, wanted criminals, have criminal records, or have committed other major crimes. In view of this situation, in addition to clearly stipulating that the period of investigation and detention of a criminal suspect shall be calculated from the date on which his true identity is ascertained, the Criminal Procedure Law stipulates that if the facts of the crime are clear and the evidence is credible and sufficient, even if the true identity of the criminal suspect cannot be ascertained, it shall be transferred for prosecution, and a case whose facts are already clear shall not be allowed to be left unresolved for a long time. Of course, if possible, the real name and address of the criminal suspect should still be ascertained as much as possible, and the true identity of the criminal suspect should not be arbitrarily not verified because of the above provisions.

According to the provisions, the preconditions for prosecuting criminal suspects whose identity is unknown are that the facts of the crime are clear and the evidence is credible and sufficient, that is, in accordance with the requirements of the law, the investigation of the criminal conduct has met the requirements for the conclusion of the investigation and meets the requirements for prosecution. When submitting an indictment, where the criminal suspect himself or herself has reported his name but cannot be verified, even if he clearly knows that his or her name or address is false, as long as it does not affect the determination of the facts of the case, transfer his self-reported name to the people's procuratorate for review for prosecution; Where names are not reported and cannot be verified, the code may be used to transfer them to the people's procuratorate for review for prosecution.

From this it can be seen that detention is possible. At the end of his detention, he should be released if there is no new evidence of other criminal acts.

You can be detained with or without your real name, but in order to avoid harming the innocent and causing unrelated people to be innocently convicted, it is usually required to find out the real name before being detained. But if the suspect deliberately reported it.

Third, Li Si and the like cannot be exempted from punishment.

Whether you can be detained depends mainly on the evidence of theft of bicycles, if the evidence is sufficient, you can be detained, if the evidence is insufficient, even if you have a real name, you can't deal with it.

If there is a theft, you can be detained, and it has nothing to do with identity.

Yes, identity checks need to be solved by the public security organs.

Can be detained.

The act of locking a shared bicycle without permission, causing others to be unable to use it, has constituted an infringement of the right of public property or the property right of a businessman, and at the same time has the purpose of illegal possession, which meets the constitutive elements of the crime of theft.

Although the amount involved is small and cannot meet the standards for filing a criminal case for the crime of theft, his behavior has violated Article 49 of the "Public Security Administration Punishment Law": "Anyone who steals, defrauds, robs, snatches, extorts or intentionally damages public or private property shall be detained for not less than 5 days but not more than 10 days, and may also be fined not more than 500 yuan; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB. "On the basis of the circumstances, the public security organs may provide for punishment in turn at the discretion of the public security organs.

Shared bicycles have become some people's private cars in some places, and they will lock the car with other locks when they ride, only for themselves to ride, of course, this practice is definitely not right, but also to improve people's quality, starting from themselves.

I was in the coking plant, the living area of the urban and rural construction group, I went to work in the afternoon, there were not many bicycles, I saw the Qingju bicycle I brushed open, I pushed the two cars together with a private lock, I just happened to have tools, I haven't opened it yet, 5 to 6 people, fight with me, and give me the tool kit to take, who do I find to solve this matter.

It is illegal to lock a shared bicycle without permission, and this kind of behavior of taking it for one's own use is for the purpose of illegal possession, so it constitutes theft, so as long as it is verified, it can be detained by public security.

Unauthorized locking violates the property rights of bike-sharing operators, and suspected theft or embezzlement can be detained and fined.

Article 49 of the Public Security Administration Punishment Law clearly stipulates that anyone who steals, defrauds, robs, snatches, extorts or intentionally damages public or private property shall be detained for not less than 5 days but not more than 10 days, and may also be fined up to 500 yuan; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB.

If you are reported, you will be detained.

No matter what, Guangzhou Panyu himself personally called the police for the experiment.

Theft of shared bicycles may be punished in accordance with Article 49 of the Law on Public Security Administration Punishments, and if the amount is relatively large and theft is repeated, it shall be punished in accordance with Article 260 of the Criminal Law of the People's Republic of China.

According to article 49 of the "Public Security Administration Punishment Law", anyone who steals, defrauds, robs, snatches, extorts or intentionally damages public or private property shall be detained for not less than 5 days but not more than 10 days, and may be concurrently fined up to 500 yuan; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB.

Whoever steals public or private property on the basis of article 264 of the Criminal Law of the People's Republic of China, where the amount is relatively large or there are multiple thefts, is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given.

where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property; In any of the following circumstances, a sentence of life imprisonment or death is to be given, and confiscation of property is to be given:

1) Theft of financial institutions, where the amount is particularly huge;

2) Theft of precious cultural relics, where the circumstances are serious.

When the detention center expired, he was taken away by the police station, explaining that there were other illegal or criminal facts.

Or go directly to the key population for management.

Consult the police station for details.

There are too many things that could happen to be too much to say

If the crime of theft is sentenced according to the amount stolen, it is more than 800 yuan to violate the criminal law and can be sentenced. For example, stealing mobile phones and bicycles will only cost 300 yuan at a discount, and they can only be detained for 15 days.

If the case is rediscovered, it has been archived and is an important reference clue.

Whether a fine is necessary after administrative detention is decided on a case-by-case basis.

Article 26 of the Law of the People's Republic of China on Public Security Administration Penalties stipulates that anyone who commits any of the following acts shall be detained for not less than 5 days but not more than 10 days, and may also be fined up to 500 yuan; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB.

1) Gang fighting;

2) Chasing or intercepting others;

3) Forcibly taking or arbitrarily destroying or occupying public or private property;

4) Other acts of picking quarrels and provoking trouble.