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Article 21 of the Law of the People's Republic of China on Public Security Administration Punishments stipulates: "In any of the following circumstances, the person who violates the administration of public security shall be given a penalty of administrative detention in accordance with this Law, and the punishment of administrative detention shall not be enforced: 1. Those who have reached the age of 14 but are not yet 16 years old; 2. Those who have reached the age of 16 but are not yet 18 years old, and who violate the administration of public security for the first time; 3. Over 70 years old; 4. Those who are pregnant or breastfeeding their own babies under the age of one.
Article 18 of the Law for the Implementation of the Regulations on Detention Centers: In any of the following circumstances, the detention center shall not accept the detainee and issue a notice of non-detention, notifying the organ making the detention decision: (1) He is under the age of 16 or has reached the age of 70; (2) Those who have reached the age of 16 but are not yet 18 years old, and who violate the administration of public security for the first time; (3) Pregnant or breastfeeding a child under the age of one; (4) The person being detained for review suffers from a serious illness; (5) Other circumstances in which it is inappropriate to apply detention review. Where, after taking into custody, it is discovered that the detainee has any of the circumstances described above, the detention center shall immediately issue a written notice recommending that it be disposed of separately and notify the organ making the detention decision.
The organ making the detention decision shall immediately handle it and notify the detention center. The above-mentioned legal provisions provide for the negative exclusion of the applicable objects of administrative detention, that is, administrative detention does not apply to persons who meet certain specific circumstances, so as to reflect humanistic care. However, there is no clear legal provision on how high blood pressure should not be detained, and if you think there is a problem, you, as a party concerned, can file a complaint (not a lawsuit) with the public security department, raise your suspicions, and ask for a reply.
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It seems that you have a deep understanding.
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Reason:Article 20 of the Regulations on Detention Centers provides that the necessities of daily life provided to detainees during their detention shall be inspected and registered by the detention center and then handed over to the detainee. Detention facilities will not accept non-necessities.
Extended Information – Detention and Detention Centers:
Detention center: refers to a place where the public security organs detain specific persons for a short period of time in accordance with law. The detainees include:
Persons who have been criminally detained. Criminal detention is a compulsory measure taken by public security organs to restrict the personal liberty of current criminals or major suspects in accordance with the law in emergency situations. The purpose is to prevent the current offender or the serious suspect or suspect who should be arrested from evading the investigation, trial or continuing the criminal activity.
Detention center: It is an organ that detains criminal suspects who have been arrested or criminally detained in accordance with the law. For convicts sentenced to fixed-term imprisonment, where the remaining sentence is less than three months before they are transferred for enforcement, the detention center is to enforce it on their behalf.
The detention center is set up in accordance with the provisions of the Regulations on Public Security Administration Penalties passed by the Standing Committee of the National People's Congress; The legal basis for the establishment of detention centers is the relevant provisions of the Criminal Procedure Law and the Detention Center Regulations.
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In mainland China, detention is divided into administrative, judicial and criminal detention. Persons in administrative or judicial detention are generally detained in detention centers, and criminal suspects or defendants in criminal detention are generally detained in detention centers. Can I bring a cell phone in the detention center?
Article 11 of the Regulations on Detention Centers stipulates that when a detainee is taken into custody by a detention center, the person of the detainee and the belongings he or she is carrying shall be inspected. Detainees' non-necessities and cash are registered and kept by the detention center. Contraband and other items related to the case discovered during the inspection shall be transferred to the detention decision-making organ for disposition in accordance with law.
In judicial practice, detainees are not allowed to carry mobile phones in detention facilities. If you need to play **, you can use the special use in the detention center with the approval of the police in the detention center**. Article 51 of the Measures for the Implementation of the Regulations on Detention Centers:
If the detainee needs to make a call, he or she shall submit an application to the people's police, and after approval, use the fixed ** in the detention center to make a call, and in principle bear the cost of the call. The detainee shall comply with the detention center's administrative regulations, and generally not more than 3 times, and each time shall not exceed 10 minutes. Therefore, detention is a punishment and coercive measure that restricts personal freedom, and detainees are not allowed to carry mobile phones with them when they are detained.
Legal basis: Article 11 of the Regulations on Detention Centers: When a detention center 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.
Contraband and other items related to the case discovered during the inspection shall be transferred to the detention decision-making organ for disposition in accordance with law.
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According to the regulations, detainees are not allowed to carry communication tools during the period of punishment in the detention center. If you need to contact relatives and friends, you can use the detention facility as required**.
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You are not allowed to bring your mobile phone with you in the detention center, because if you go in, your mobile phone will usually be confiscated.
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According to the regulations, mobile phones are not allowed in the detention center. It is not allowed to have casual contact with the outside world. Because the detainee is controlled by his personal freedom.
A manifestation of a loss of freedom. It's not like you can do whatever you want. If you are allowed to bring your mobile phone casually, then it is a violation.
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If it doesn't work, call it out and lock it in the cupboard.
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Criminal detention can be up to thirty-seven days.
Where the public security organs find that it is necessary to arrest a detained person, they shall submit it to the people's procuratorate for review and approval within 3 days of the detention. In special circumstances, with the approval of the responsible person at a public security organ at the county level or above, the time for submitting a request for review and approval may be extended by 1 to 4 days. With the approval of the responsible person at a public security organ at the county level or above, the time for submitting a request for review and approval may be extended to 30 days for major suspects who have committed crimes on the go, committed multiple crimes, or committed crimes in groups.
In summary, in general, the maximum period of detention for criminal proceedings is 14 days. Major suspects who commit crimes on the go, commit crimes repeatedly, or commit crimes in groups shall be detained for a maximum period of 37 days.
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According to the provisions of the Criminal Procedure Law, the public security organs may detain a criminal suspect for a maximum of 37 days, after which they should report to the procuratorate at the same level for approval of arrest.
In ordinary criminal cases, the public security organs will report to the procuratorate at the same level for approval of arrest within 7 days of criminal detention.
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Depending on the circumstances, administrative detention is a detention center, and criminal detention is a detention center.
According to Article 2 of the Regulations of the People's Republic of China on Detention Centers, detention centers are organs for the detention of persons who have been arrested or criminally detained in accordance with the law.
Convicts who have been sentenced to up to one year imprisonment, or whose remaining sentence is less than one year, and it is inconvenient to send them to a re-education labor facility to serve their sentence, may also be placed in the custody of a detention center.
According to Article 19 of the Regulations of the People's Republic of China on Public Security Administration Punishments, if one of the following acts disrupting public order is not sufficient, he shall be detained for up to 15 days, fined up to 200 yuan, or given a warning
1. Disrupting the order of organs, groups, enterprises, or public institutions, causing work, production, business, medical treatment, teaching, and scientific research to be unable to proceed normally, and causing serious losses yet;
2. Disrupting the order of stations, docks, civil aviation stations, markets, shopping malls, parks, theaters, casinos, sports grounds, exhibition halls or other public places;
3. Disrupting the order of public transportation such as buses, trams, trains, and boats;
4. Gangs fighting, picking quarrels and provoking troubles, insulting women, or engaging in other hooliganism;
5. Fabricating or distorting facts, intentionally spreading rumors, or using other methods to incite and disrupt social order;
6. Lying about danger and creating chaos;
7. Refusing or obstructing state employees from lawfully performing their duties, and not using violence or threats.
Detention centers detain persons who have been punished by administrative detention, so detention centers are the administrative detention organs of the state; Detention centers, on the other hand, detain criminal suspects and defendants who have been arrested or criminally detained in accordance with the law, as well as convicted offenders whose sentences are less than one year remaining, so detention centers have the nature of criminal detention organs.
If a relative or friend is detained in a detention center, it means that he is suspected of a criminal offense, and he must go through three stages: investigation, review for prosecution, and trial, so the detention period is relatively long, and a criminal case can be three months from detention to the issuance of a verdict. If a relative or friend is detained in a detention center, it means that he is only receiving a public security punishment or administrative punishment, and the maximum detention period is 15 days, even if the punishment for several violations does not exceed 20 days.
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Suspects of crimes are detained in detention centers, and public security cases are detained in detention centers.
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Prisons and detention centers are places where personal freedom is restricted. Detention centers are held in criminal detention and short-term sentences. Those who are detained or detained are generally also held in detention centers. So I think the detention center you are referring to can also be called a detention center.
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It depends on how big the crime is, and it is generally put in the detention center first
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Hello, generally in criminal detention in the detention center for 14 days, the longest is not more than 37 days.
Article 89 of the Criminal Procedure Law stipulates that if a public security organ finds it necessary to arrest a detained person, it shall, within three days of the detention, submit it to the people's procuratorate for examination and approval. 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.
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Detention center
It is a place for temporary detention of prisoners, and where the remaining sentence of a convict sentenced to fixed-term imprisonment is less than three months before he is transferred for enforcement, the detention center is to enforce it on his behalf.
Detention CentersIt is a place where the public security organs lawfully detain specific persons for a short period of time, and the period is generally 15 days, and the maximum is 20 days.
Differences: The detainees are different.
Detention centers detain criminal suspects and defendants who have been criminally detained or arrested in accordance with law.
Detention centers deserve persons who have been administratively detained for violating the Law on Administrative Penalties for Public Security or who have been judicially detained by a people's court in accordance with the law.
The right to meet is different.
Persons detained in detention centers are not allowed to meet with their families, but may meet with lawyers. The Criminal Procedure Law stipulates that family members of suspects suspected of committing crimes are not allowed to meet with them while they are in detention in detention centers, i.e., during investigations by the public security organs. Only defence lawyers can meet and communicate with criminal suspects, provide legal assistance and services.
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Criminal detention is criminal detention, and public security detention is administrative detention, and the differences between the two are as follows: 1. The legal nature is different: criminal detention is a compulsory measure to ensure the smooth progress of criminal proceedings, and it is not punitive in itself; Judicial detention is a punitive measure taken against a person who obstructs civil proceedings; Administrative detention is taken against a person who violates the Law on Penalties for the Administration of Public Security, and is of a punitive nature.
2. The applicable objects are different: criminal detention of current criminals or major suspects; Judicial detention of persons who have committed acts that obstruct civil proceedings, including both participants in civil proceedings and persons outside the case; Administrative detention of persons who violate the Public Security Administration Punishment Law and do not constitute a crime 3. The legal basis is different: criminal detention "Criminal Procedure Law"; Judicial detention of the Code of Civil Procedure; Public Security Administration Punishment Law, Administrative Punishment Law and other administrative regulations 4, the purpose of application is different:
Criminal detention prevents criminal suspects from escaping, committing suicide, or continuing to endanger society, and ensures the smooth conduct of criminal proceedings; Judicial detention guarantees the smooth conduct of civil proceedings; 5. The applicable organs are different for the punishment of general administrative offenders: criminal detention is decided by the public security organs and the people's procuratorate, and the public security organs enforce it; Judicial detention is to be decided by the people's courts, enforced by the judicial police, and handed over to the relevant places of the public security organs for custody; Administrative detention of public security organs.
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Criminal detention is a person who has committed a crime, and public security detention is a mere public security punishment that is sufficient for a few days.
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The difference between the two is that a detention center is a place of detention for administrative punishment, and a detention center is a place where criminal suspects are held before they are sentenced.
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They are all departments of the public security organs. The difference is that detention centers generally hold suspects who are temporarily arrested to facilitate interrogation and investigation. Detention centers also have this function, but more often for criminals who have been convicted by the court, but the sentences are relatively short, and they are not suitable for prison execution, so they are executed in detention centers.
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Detention centers are places of detention for administrative punishments, and detention centers are places where criminal suspects are held before they are sentenced.
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1. The legal basis is different.
Second, the definition of nature is different.
Third, the objects of detention are different.
In short, detention centres can only hold prisoners for a maximum of 15 days, while guards can hold prisoners for a long time.
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Detention center: A place of detention set up in accordance with the laws, regulations, ordinances and relevant provisions in force in China, and managed by the public security department. Only in administrative cases, offenders who have been placed in public security detention or judicial detention will be sent to a detention facility for administrative detention.
Detention center: A place of temporary detention for criminals and suspected criminals. The detention center detains all criminal suspects, defendants, or criminals who have violated the Criminal Law and constituted a crime.
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The detention facility may not exceed 15 days for persons detained by public security and persons in judicial custody as determined by the court, and may not exceed 20 days after punishment if multiple laws and regulations have been violated at the same time.
The targets of detention in detention centers are criminal suspects and defendants who have been detained or arrested in accordance with law, as well as convicted criminals whose sentences are less than three months remaining.
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Detention centres are held for persons in public security custody and for persons in judicial custody by decision of the court. The targets of detention in detention centers are criminal suspects or defendants who have been detained or arrested in accordance with law, as well as convicted prisoners who have less than one year remaining in their sentence.
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