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Detention is divided into administrative, judicial and criminal detention.
1. Administrative detention: (I guess this is the case you asked).
Law of the People's Republic of China on Public Security Administration Punishments
Article 22: Where violations of the administration of public security are not discovered by the public security organs within six months, they are not to be punished. The time period provided for in the preceding paragraph is calculated from the date on which the violation of the administration of public security occurs; Where violations of the administration of public security are continuous or continuous, it is calculated from the date on which the conduct ends.
2. Judicial detention.
Generally, the court makes a decision directly on the spot (based on experience), and it is generally not necessary to enforce it after half a year.
3. Criminal detention.
Article 61 of the Code of Criminal Procedure provides:
In any of the following circumstances, the public security organs may detain current offenders or major suspects in advance:
is preparing to commit a crime, committing a crime, or is 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.
It is estimated that you can hide for half a year, and it is not a criminal detention.
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This should be an administrative detention punishment, which is a compulsory punishment, and the enforcement organ should impose compulsory detention on you, and if you have not been able to carry out the punishment because you have evaded, then you can still be detained.
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As long as the nature of the harm is not large, you can not use it!
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Detention is generally divided into administrative detention, judicial detention, and detention, and the duration of detention is also different, depending on what law you have committed.
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Summary. If you don't go, you will be fined, and you will be detained for 15 days, and coercive measures may be taken if you don't go.
If you don't go, you will be fined, and you will be detained for 15 days, and coercive measures may be taken if you don't go.
It is best to cooperate with ** treatment.
Administrative detention is sometimes limited by Wang Chang, generally not more than 15 days, if the execution of the super rapid and agitated for 15 days or the difficulty code is more than the penalty limit, then, the specific administrative act of the police station is illegal, and an administrative lawsuit can be filed. Where there are two or more violations of the administration of public security, separate decisions are to be made and combined for enforcement. Where administrative detention punishments are to be combined, the longest is not to exceed 20 days.
Our friend drank and fought, there was no injury in the doubles, no property damage, and the police said to detain my friend for 15 days, what will happen if I don't go.
If you don't go, you may be punished more heavily.
And it will be enforced.
What to enforce.
No one can be found. Not in the city anymore.
That will also be caught, pro.
The police have a system.
And there is a possibility that a criminal record will be left.
Then it doesn't feel reasonable for him to do this.
If you find it unreasonable, you can find a lawyer.
There were no injuries, no property damage, and fines were fined.
In general.
It would be nice for both parties to settle it privately.
But what can the police do if they say so?
Can only cooperate.
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Analysis of the law type of god stuffiness: There are generally two possibilities for not releasing a person after being detained for more than 15 days: 1. Public security detention and punishment for several acts.
2. If you are suspected of committing a crime and are criminally detained, you may be sentenced to criminal detention. There are three types of detention: administrative detention, judicial detention, and criminal detention.
Administrative detention is generally for those suspected of administrative violations of the law, and the maximum is 15 days, and the combined punishment for several acts does not exceed 20 days, and the detention period is released at the end of the period. Criminal detention is generally within 3 days, which can be extended for 4 days upon approval, and for major and difficult cases, it can be extended for one month, so the longest is 37 days, and arrest is generally approved after criminal detention.
Legal basis: Criminal Procedure Law of the People's Republic of China Article 91: Where a public security organ finds it necessary to arrest a detained person, it shall submit it to the people's procuratorate for review and approval within three days of detention. Under special circumstances, the time for submitting a request for review and approval may be extended by one to four days.
For major suspects who have committed crimes on the go, committing crimes multiple times, or committing crimes in groups, the time period for submitting a request for review and approval may be extended to 30 days. The people's procuratorate shall make a decision to approve or not to approve arrest within 7 days of receiving a written request for approval of arrest from the public security organs. Where the people's procuratorate does not approve the arrest, the public security organs shall release them immediately after receiving the notice, and promptly notify the people's procuratorate of the execution situation.
Where it is necessary to continue the investigation and the requirements for release on guarantee pending further investigation or residential surveillance are met, they are to be released on guarantee pending further investigation or placed under residential surveillance in accordance with law.
Article 156: The period of investigative detention after a criminal suspect is arrested and blinded must not exceed 2 months. In cases where the circumstances of the case are complicated and cannot be concluded at the completion of the time limit, an extension of one month may be granted upon the approval of the people's procuratorate at the level above.
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Legal Analysis: After being investigated, the first thing should be detention, not criminal detention. More than 15 days may result in criminal detention or administrative detention.
Administrative detention rarely exceeds 15 days, and criminal detention is more likely to exceed 15 days. Short-term detention is a punishment of short-term deprivation of personal liberty and forced labor reform for criminals carried out by the public security organs in the vicinity. Short-term detention is a punishment of short-term deprivation of personal liberty and forced labor reform for criminals carried out by the public security organs in the vicinity.
Criminal penalties that require a court decision before they can be enforced. The period of short-term detention is between one month and six months, and the combined punishment for multiple crimes must not exceed one year. Where a custodial sentence takes effect from the date on which the people's court's judgment is determined, but where they are taken into custody before the verdict is announced, each day of detention is to be reduced by one day of the sentence.
Legal basis: "Law of the People's Republic of China on Public Security Administration Punishments" Article 103 A person who has been sentenced to administrative detention shall be sent to the detention center by the public security organ that made the decision for enforcement.
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Summary. The consequences of not going to administrative detention are: it will be enforced by an administrative organ with administrative enforcement powers; Fines and so on may be imposed.
Administrative detention is a type of administrative punishment, and administrative organs must consciously and actively perform administrative punishments after they carry out them, otherwise they will be enforced by administrative coercive organs and will be punished.
The consequences of not going to administrative detention are: it will be enforced by an administrative organ with administrative enforcement power; Fines and so on may be imposed. Administrative detention is a type of administrative punishment, and administrative organs must consciously and actively perform administrative punishments after they carry out them, otherwise they will be called to enforce them by the administrative coercive organs, and they will also be punished.
The legal basis is Article 34 of the "Administrative Coercion Law of the People's Republic of China", after an administrative organ has made an administrative decision in accordance with law, if the party concerned fails to perform its obligations within the time limit of the decision of the administrative organ, the administrative organ with the power of administrative compulsion to enforce the law shall enforce it in accordance with the provisions of this chapter.
There is no provision for early release.
Administrative detention refers to a type of administrative punishment in which a statutory administrative organ (specifically referring to a public security organ) restricts the personal liberty of a person who violates administrative laws and norms for a short period of time in accordance with the law. >>>More
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