Violated Article 80 of the Criminal Procedure Law and sought help

Article 80 of the Criminal Procedure Law is a procedural provision for the criminal detention of a criminal suspect suspected of committing a crime, and it is not that the criminal suspect has violated Article 80 of the Criminal Procedure Law.

After a party is criminally detained, if their family members need to receive assistance, they may retain a defense lawyer for the party, and the lawyer will provide legal assistance and criminal defense to the party, so as to protect the party's lawful rights and interests.

Code of Criminal Procedure

Article 80: 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.

Article 33 of the Criminal Law: Criminal suspects have the right to retain a defender from the date on which they are first interrogated by the investigating organ or on which compulsory measures are taken; During the investigation, only a lawyer can be appointed as a defender. The defendant has the right to retain a defender at any time.

When the investigating organs interrogate a criminal suspect for the first time or employ compulsory measures against the criminal suspect, they shall inform the criminal suspect that they have the right to retain a defender. Within 3 days of receiving the case materials transferred for review for prosecution, the people's procuratorate shall inform the criminal suspect that he or she has the right to retain a defender. Within 3 days of accepting the case, the people's court shall inform the defendant that they have the right to retain a defender.

Where a criminal suspect or defendant requests to retain a defender while in custody, the people's courts, people's procuratorates, and public security organs shall promptly convey their request.

Where criminal suspects or defendants are in custody, their guardians or close relatives may also retain a defender on their behalf.

After the defender accepts the retention of the criminal suspect or defendant, he shall promptly inform the organ handling the case.

Hello, it is not a violation of Article 80 of the Criminal Procedure Law, but a violation of Article 141 of the Criminal Law.

Article 80 of the Criminal Procedure Law: Public security organs may first 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.

Article 141 of the Criminal Law Whoever produces or sells counterfeit drugs shall be sentenced to up to three years imprisonment or short-term detention and shall also be fined; where serious harm is caused to human health or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; and where death is caused or there are other especially serious circumstances, a sentence of 10 or more years imprisonment, life imprisonment or death is to be given, and a concurrent fine or confiscation of property is to be given.

Article 80 of the Criminal Procedure Law reads: Where a party delays the time limit due to reasons that cannot be resisted or there are other legitimate reasons, it may apply to continue the litigation activities that should be completed before the expiration of the time limit within 5 days after the obstacle is removed.

The people's court is to rule on whether or not the application in the preceding paragraph is permitted.

You may be mistaken. The Code of Criminal Procedure is a procedural law and does not contain penal provisions in itself.

Article 80 The term of imprisonment for life imprisonment shall be commuted to fixed-term imprisonment, calculated from the date on which the sentence is commuted.

This one is guilty of extortion. The netizen upstairs is very good, and I agree with him.

Typing is not easy, such as satisfaction, hope.

Legal Analysis: Article 82 of China's Criminal Procedure Law deals with the circumstances in which public security organs may detain current criminals or major suspects. Detention in criminal proceedings is a compulsory method adopted by the public security organs and people's procuratorates to temporarily deprive a person of personal liberty of an existing offender or a major suspect in the course of investigation of a case directly accepted by the public security organs or the people's procuratorate when encountering a statutory emergency.

1. What does it mean to be detained?

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. Being criminally detained means that the person concerned meets both conditions: first, the object 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.

2. Is it possible to visit during criminal detention?

During the period of criminal detention, visitors are allowed, but only with a lawyer. Detention in criminal proceedings is a compulsory method adopted by the public security organs and people's procuratorates to temporarily deprive the person of personal liberty of an existing offender or major suspect in the course of investigation in the course of investigation and when encountering a statutory emergency.

The period of detention after a criminal case is filed is generally about 10 days; In special cases, it can be extended to about eight or eleven days; For major suspects who have committed crimes on the go, committed crimes multiple times, or committed crimes in groups, the period of detention may be about 37 days after the application is submitted for review and approval.

3. How long after detention, the detainee should be sent to a detention center for detention.

The detainee shall be immediately sent to a detention center for detention, and must not exceed 24 hours at the latest. Detention in criminal proceedings is a compulsory method adopted by the public security organs and people's procuratorates to temporarily deprive a person of personal liberty of an existing offender or a major suspect in the course of investigation of a case directly accepted by the public security organs or the people's procuratorate when encountering 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. Second, it has one of the statutory emergency circumstances.

Legal basis: Article 82 of the Criminal Procedure Law.

In any of the following circumstances, the public security organs may detain current offenders or major suspects:

1) They are preparing to commit a crime, committing a crime of blindness, 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.

The question raised by netizens about Article 80 of the Criminal Procedure Law. Before this question, it is necessary to popularize the history of the changes in China's Criminal Procedure Law: China's Criminal Procedure Law was adopted on July 1, 1979, amended for the first time on March 17, 1996, amended for the second time on March 14, 2012, and amended for the third time on October 26, 2018.

Article 80 of the Code of Criminal Procedure, as amended for the second time, was changed to Article 82 of the Code of Criminal Procedure after the third amendment, and the content has not been amended. In principle, criminal detention should be held after a criminal case has been filed, but in some special circumstances, detention may be made before a criminal case has been filed. In order to regulate the conditions for advance detention and prevent abuse of the right of advance detention, the Criminal Procedure Law (formerly Article 80, now Article 82) stipulates that public security organs may detain current criminals or major suspects in advance under any of the following circumstances:

is preparing to commit a crime, committing a crime, or being discovered immediately after committing a crime; The victim or a person who was present at the scene 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 falsifying evidence or colluding confessions; Those who do not state their real names and addresses, and whose identities are unknown; There are major suspects of committing crimes, committing crimes many times, and ganging up to commit crimes.

1. What are the provisions of the public security organs on criminal detention?

According to article 82 of the Criminal Procedure Law, the public security organs may detain an active offender or a major suspect 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.

Article 82 of the Criminal Procedure Law of the People's Republic of China: Public security organs may detain an active offender or a major suspect in any of the following circumstances: (1) where a crime is being prepared, a crime is committed, or a crime is discovered immediately after the 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.

Article 80 of the Criminal Procedure Law regulates the division of powers for arrest. In criminal cases, the public security organs first file and investigate, and if it is necessary to detain, they may first detain them, and where it is found necessary to arrest, a request for approval of arrest is made within 3 days, and the procuratorate makes a decision within 14 days of receiving the application.

Article 80 of the Criminal Procedure Law: The arrest of a criminal suspect or defendant must be approved by the people's procuratorate or decided by the people's court, and shall be enforced by the public security organs. Article 165 of the Criminal Procedure Law: Where the circumstances provided for in items 4 and 5 of article 81 and 82 of this law are met in cases directly accepted by the people's procuratorate, and it is necessary to arrest or detain a criminal suspect, the people's procuratorate shall make a decision and the public security organs shall enforce it. Article 167 of the Criminal Procedure Law: If the People's Procuratorate finds that it is necessary to arrest a person detained in a case directly accepted by the People's Procuratorate, it shall make a decision within 14 days.

In exceptional circumstances, the time for deciding on arrest may be extended by one to three days. where arrest is not necessary, they shall be released immediately; Where it is necessary to continue the investigation and the requirements for release on guarantee pending further investigation or residential surveillance are met, the search for guarantee pending further investigation or residential surveillance is to be covered in accordance with law.