Can an elderly person over 70 years old who also suffers from asthma be detained?

It is possible to decide on administrative detention without execution. According to Article 10 of the Measures for the Administration of Public Security Detention Centers (for Trial Implementation), if it is discovered after detention that a detainee suffers from infectious diseases, mental illness or other serious diseases, or that he or she is pregnant or breastfeeding his or her own baby, he or she shall notify the original adjudication organ to handle it separately.

Article 1: These measures are formulated in accordance with the relevant provisions of the "Regulations of the People's Republic of China on Public Security Administration Punishments" and in order to strengthen the management of public security detention centers.

Article 2: Public security detention centers are places of detention for persons who have been sentenced to public security detention.

Article 3: Public security detention centers are set up by county (autonomous county, banner) and city public security bureaus, and urban public security sub-bureaus, and the public security departments of public security organs are responsible for their management. Railway, transportation, civil aviation, and forestry public security bureaus (divisions) equivalent to the county level may, as needed, and with the approval of the provincial, autonomous region, or directly governed municipality public security departments and bureaus, set up public security detention centers.

Asthma is not a serious infectious disease and therefore requires imprisonment. Need to serve a prison sentence. There is a prison hospital in the prison, which has general medical conditions.

If they have reached the age of 70, according to Article 21 of the Law on Public Security Administration Punishments, if there is an illegal act, they may be punished by administrative detention, but no specific administrative detention punishment shall be implemented, that is, punishment shall be imposed, but administrative detention shall not be carried out. If you are under 70 years of age

If you are released on medical parole and released on bail pending trial, please consult your local legal aid for details, and you will basically not be detained.

There are legally-prescribed circumstances that make it unsuitable for detention to apply for release on guarantee pending further investigation or to serve a sentence outside of prison, and supporting documents from the hospital are required.

March 18, 2019 - The above is advice on the question "Asthma for people in their 70s", I hope it will be helpful to you and I wish you good health. See more replies to this question A 70-year-old man with 50 years of asthma and a recent diagnosis of lung cancer. See more.

1. According to Article 21 of the "Law of the People's Republic of China on Public Security Administration Punishments", where a person who violates the administration of public security has any of the following circumstances and shall be given an administrative detention punishment in accordance with this Law, the administrative detention punishment 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 have violated the administration of public security for the first time;

3) 70 years of age or older;

4) Pregnant or breastfeeding a child under the age of one.

2. In accordance with Article 18 of the "Measures for the Implementation of the Regulations on Detention Centers", if a detainee falls under 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:

70-year-olds are not detained. The basis is as follows:

1. According to Article 21 of the "Law of the People's Republic of China on Public Security Administration Punishments", where a person who violates the administration of public security has any of the following circumstances and shall be given an administrative detention punishment in accordance with this Law, the administrative detention punishment 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 have violated the administration of public security for the first time;

3) 70 years of age or older;

4) Pregnant or breastfeeding a child under the age of one.

2. In accordance with Article 18 of the "Measures for the Implementation of the Regulations on Detention Centers", if a detainee falls under 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) They are under the age of 16 or have reached the age of 70;

2) Those who have reached the age of 16 but are not yet 18 years old, and who have violated the administration of public security for the first time;

3) Pregnant or breastfeeding an infant 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.

A person who is 70 years old cannot be placed in detention.

According to the Public Security Administration of the People's Republic of China.

Article 21 of the Punishment Law: In any of the following circumstances, where a person who violates the administration of public security shall be given a punishment of administrative detention in accordance with this Law, 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 have violated the administration of public security for the first time;

3) 70 years of age or older;

4) Pregnant or breastfeeding a child under the age of 1.

Those over the age of 70 are not to be punished with administrative detention.

Article 21 of the Law of the People's Republic of China on Administrative Penalties for Public Security stipulates that if a person who violates the administration of public security has any of the following circumstances and shall be given a punishment of administrative detention in accordance with this Law, 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 have violated the administration of public security for the first time;

3) 70 years of age or older;

4) Pregnant or breastfeeding a child under the age of 1.

Those over the age of 60 can also be administratively detained, and those over the age of 70 will not be detained.

Article 21 of the Law of the People's Republic of China on Administrative Penalties for Public Security stipulates that if a person who violates the administration of public security has any of the following circumstances and shall be given a punishment of administrative detention in accordance with this Law, 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 have violated the administration of public security for the first time;

3) 70 years of age or older;

4) Pregnant or breastfeeding a child under the age of 1.

Those over the age of 70 cannot be administratively detained, but the law does not stipulate the age at which criminal detention cannot be imposed.

Article 21 of the Law on Public Security Administration Punishments: In any of the following circumstances, where a person who violates the administration of public security shall be given a punishment of administrative detention in accordance with this Law, 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 have violated the administration of public security for the first time;

3) 70 years of age or older;

4) Pregnant or breastfeeding a child under the age of one.

At the age of 70, administrative detention is not enforced, but the Criminal Law stipulates that criminal punishment can be assumed, and whether or not he will be criminally detained depends on whether a crime has been constituted.

Article 17-1 of the Criminal Law of the People's Republic of China: Where a person who has reached the age of 75 intentionally commits a crime, the punishment may be mitigated or commuted; Where crimes of negligence are committed, the punishment shall be mitigated or commuted.

Those over the age of 70 are not to be punished with administrative detention.

Legal basis: Article 21 of the Law on Public Security Administration Punishments In any of the following circumstances, where a person who violates the administration of public security shall be given a punishment of administrative detention in accordance with this Law, 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 have violated the administration of public security for the first time;

3) 70 years of age or older;

4) Pregnant or breastfeeding a child under the age of 1.

Public Security Punishment Law Article 21: In any of the following circumstances, where a person who violates the administration of public security shall be given a punishment of administrative detention in accordance with this Law, 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 have violated the administration of public security for the first time;

3) 70 years of age or older;

4) Pregnant or breastfeeding a child under the age of one.

To be precise, administrative detention is not enforced, but criminal detention is not subject to this limit.

The Law on Administrative Penalties for Public Security stipulates that if an elderly person over the age of 70 violates the administration of public security, the ruling shall not be enforced after administrative detention.

Where a 70-year-old violates the relevant provisions of the Criminal Law on sentencing, Article 17 of the Criminal Law Where a person who has reached the age of 75 intentionally commits a crime, the punishment may be mitigated or commuted; Where crimes of negligence are committed, the punishment shall be mitigated or commuted.

Persons over the age of 70 cannot be placed under administrative detention.

Law of the People's Republic of China on Public Security Administration Punishments

Article 21.

In any of the following circumstances, where a person who violates the administration of public security shall be given a punishment of administrative detention in accordance with this Law, the punishment of administrative detention is not to 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 have violated the administration of public security for the first time;

3) 70 years of age or older;

4) Pregnant or breastfeeding a child under the age of one.

Those over the age of 60 can also be administratively detained, and those over the age of 70 will not be detained.

Administrative detention is an important and common type of administrative punishment. Administrative detention refers to an administrative punishment in which a statutory administrative organ restricts personal liberty for a short period of time in accordance with the law on a person who violates administrative law norms. Administrative detention is the most severe form of administrative punishment, and is usually applied to situations where serious violations of public security administration do not constitute a crime, and warnings and fines are not sufficient punishments.

Therefore, the law has strict provisions on the conditions and procedures for its establishment and implementation. The power to adjudicate administrative detention belongs to the public security organs at or above the county level; The time limit is generally less than 10 days, and the heavier ones are not more than 15 days; After the administrative detention decision is announced, during the period of application for reconsideration and administrative litigation, the punished person and his relatives find a guarantor or pay a guarantee deposit in accordance with regulations, they may apply to the administrative entity to suspend the enforcement of administrative detention.

Article 21 of the Law of the People's Republic of China on Administrative Penalties for Public Security stipulates that if a person who violates the administration of public security has any of the following circumstances and shall be given a punishment of administrative detention in accordance with this Law, 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 have violated the administration of public security for the first time;

3) 70 years of age or older;

4) Pregnant or breastfeeding a child under the age of 1.

Generally, the practice in various places is like this, but there is no real legal basis, and if there is a serious violation, it is still necessary to be detained and sentenced, even if the centenarians have done so. Moreover.

There are clear provisions in the Law on Public Security Administration Penalties.

Article 21: In any of the following circumstances, where a person violating the administration of public security shall be given a punishment of administrative detention in accordance with this Law, the punishment of administrative detention is not to 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 have violated the administration of public security for the first time;

3) 70 years of age or older;

4) Pregnant or breastfeeding a child under the age of one.

If you don't understand, you can go and ask Lawyer Ha what he thinks.

According to the situation you described, it should be criminal detention, and it should be in a detention center, not an administrative detention center. If it is an administrative detention, it is usually placed in advance; In the case of criminal detention, the detention center will recommend that the case-handling unit modify the compulsory measures. In short, no detainees will be allowed to die of illness in detention or detention centers.

may be released on bail for medical treatment.

Our law does not stipulate the age at which criminal detention is not permitted. If the suspect is older, life is not.

Those who are able to take care of themselves may be released on guarantee pending further investigation or placed under residential surveillance. China's Criminal Law stipulates that if a person who has reached the age of 75 intentionally commits a crime, the punishment may be mitigated or commuted.

Article 17 of the Criminal Law [Age of Criminal Responsibility] Where a person who has reached the age of 75 intentionally commits a crime, the punishment may be mitigated or commuted; Where crimes of negligence are committed, the punishment shall be mitigated or commuted.

In public security cases, administrative detention is not carried out for those over the age of 70, which is fundamentally different from criminal detention.

Public Security Administration Punishment Law

Article 21: Where violations of the administration of public security are 70 years of age or older, and administrative detention shall be given in accordance with this Law, the punishment of administrative detention is not to be enforced.

Those under the age of 14 who violate the administration of public security shall not be punished.

Those who have reached the age of 14 but are not yet 16 years old shall not be detained.

Those who have reached the age of 16 but are not yet 18 years old, and violate the administration of public security for the first time, shall not be detained.

Those over the age of 70 are not to be detained.

Public Security Administration Punishment Law

Article 12: Where persons between the ages of 14 and 18 violate the administration of public security, the punishment is mitigated or commuted; Where a person under the age of 14 violates the administration of public security, he is not to be punished, but his guardian shall be ordered to strictly discipline him.

Article 21: In any of the following circumstances, where a person violating the administration of public security shall be given a punishment of administrative detention in accordance with this Law, the punishment of administrative detention is not to 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 have violated the administration of public security for the first time;

3) 70 years of age or older;

4) Pregnant or breastfeeding a child under the age of 1.

Problem Analysis:

Hello, asthma is a spasm of the bronches due to infection or allergic factors, manifested by symptoms such as coughing, dyspnea, etc., which require active **.

Suggestions: In this case, you can test blood routine, do a chest X-ray, listen to the breath sounds in the lungs, if there are infectious factors, you need to use antibiotics and antispasmodic and asthma drugs**, you can get injections, if it is the cause of allergies, you can use hormone aerosol for external use.

1. Asthma gambling can be detained by public security; Zhenling.

2. "Public Security Administration Punishment Law" Article 70 Anyone who provides conditions for gambling for the purpose of accompanying travel profits, or participates in gambling with a large amount of money, shall be detained for up to five days or fined up to 500 yuan; where the circumstances are serious, they are to be detained for up to 10 days and fined between 500 and 3,000 RMB.