Can a person who suffers from a serious illness during administrative detention and then be released

Medical parole is not permitted. According to the provisions of the Criminal Procedure Law, the target of medical parole is a criminal who suffers from a serious illness in the course of enforcing a criminal sentence, and if the case is still in the process of being heard by the court of second instance due to appeal, the criminal judgment of the court has not yet taken effect, and the case is still in the process of court proceedings, and does not meet the prerequisites for the execution of the criminal punishment required for medical parole, so medical parole cannot be granted. Article 254 of the Criminal Procedure Law: In any of the following circumstances, convicts sentenced to fixed-term imprisonment or short-term detention may be temporarily served their sentence outside of prison:

1) Those who have a serious illness and need to be released on medical parole; (2) Women who are pregnant or breastfeeding their own infants; (3) They are unable to take care of themselves, and the application of temporary service of sentence outside of prison will not endanger society. Convicts sentenced to indefinite imprisonment may temporarily serve their sentence outside of prison in the circumstances provided for in item (2) of the preceding paragraph. Convicts who might be a danger to society if released on medical parole, or convicts who injure themselves or harm themselves, must not be released on medical parole.

Where convicts truly have serious illnesses and must be released on medical parole, a hospital designated by the provincial-level people** is to diagnose them and issue supporting documents. Before being transferred for enforcement, the people's court that transferred the sentence for enforcement is to make a decision; After being transferred for enforcement, the prison or detention center is to submit a written opinion on temporary service of sentence outside of prison, and report to the prison management organ at the provincial level or above, or to the public security organ at the districted city level or above for approval.

While in custody, if the suspect suffers from a serious illness, he or she may apply for release on bail pending further investigation, and if the conditions are met, it may be granted.

Article 65 of the Criminal Procedure Law: People's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances:

1) Where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently;

2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation will not cause danger to society;

3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and are released on guarantee pending further investigation will not be a danger to society;

4) Where the period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation.

Legal analysis: In the case of illness and hospitalization in the administrative detention room, the number of days during the hospitalization period shall also be counted in the detention period. During hospitalization, such a situation is considered medical parole, and the length of hospitalization is not included in the detention period.

Legal basis: Article 10 of the Law of the People's Republic of China on the Administration and Punishment of Public Security Disguises The types of public security administrative punishments are divided into:

a) Warning; b) fines;

3) Administrative detention;

Si Zimin) revoked the license issued by the public security organ.

Foreigners who have violated the administration of public security may be subject to an additional time limit for leaving the country or deportation.

1) The public security organ that made the decision is to send the person who has been given an administrative detention punishment to the detention center for enforcement. (2) The person who has been punished by the fine shall pay the fine at the designated bank within 15 days from the date of receipt of the penalty decision. (3) Where the penalized person is dissatisfied with the administrative detention punishment decision, applies for administrative reconsideration, or initiates an administrative lawsuit, he may submit an application to the public security organ for a suspension of administrative detention, and submit a guarantor Zhi Qingtong or pay a guarantee deposit of 200 yuan per day of administrative detention, and the administrative detention punishment is suspended.

4) The guarantor shall meet the following conditions: 1. The guarantor shall not be involved in the case, enjoy political rights, have not been restricted in personal freedom, have a permanent residence and fixed basis in the local area, and have the ability to perform the guarantee obligation.

1. What to do if a serviceman on active duty is administratively detained.

The enforcement process of administrative detention is mainly composed of four processes: acceptance, investigation, decision, and enforcement. Where the person being punished is dissatisfied with the administrative detention punishment decision, applies for administrative reconsideration or initiates an administrative lawsuit, he may submit an application to the public security organ for a suspension of administrative detention.

Where the public security organs find that the suspension of administrative detention will not cause danger to society, the person being punished or his close relatives is to submit a guarantor who meets the requirements provided for in article 108 of this Law, or pay a guarantee deposit of 200 yuan per day of administrative detention, and the punishment decision for administrative detention is suspended.

2. What should be done if the police station refuses to accept the punishment of criminal detention.

Those who are dissatisfied with the punishment of detention at the police station may apply for administrative reconsideration or file an administrative lawsuit in accordance with law. An application for suspension of administrative detention may then be submitted to the public security organs. Where the public security organs find that the suspension of administrative detention will not cause danger to society, the person being punished or his close relatives shall submit a guarantor who meets the requirements provided for in article 108 of the "Law on Penalties for Poor Grades of Public Security Administration", or pay a guarantee deposit of 200 yuan per day of administrative detention, and the punishment decision of administrative detention shall be suspended.

Convicts sentenced to life imprisonment, fixed-term imprisonment, or short-term detention may be granted medical parole in any of the following circumstances during the period of reform: (1) They are seriously ill and are in danger of dying in a short period of time. (2) Convicts whose original sentence of indefinite imprisonment or death sentence was commuted to indefinite imprisonment after a two-year suspension of execution are serving a sentence of 7 years or more from the date of enforcement of indefinite imprisonment, or convicts who were originally sentenced to fixed-term imprisonment are serving more than one-third of their original sentence (where the sentence has already been commuted, it is calculated as the sentence after commutation) and suffer from a serious chronic illness where long-term medical treatment is ineffective.

However, if the condition deteriorates and there is a risk of death, and the transformation performance is better, the above time limit may be exempted. (3) Those who have a physical disability and find it difficult to be self-governing. (4) Those who are old and sick and have lost the possibility of harming society.

For convicts who meet the requirements for medical parole and need to be released on medical parole, the convict and his relatives are to submit a written application, fill out an "Application for Convict Parole for Medical Parole", and after collective research by the sub-prison district, report to the prison district for review, and after the prison district reviews and approves, the sub-prison district is to take the convict to the prison hospital for a clear medical evaluation. Where the requirements for medical parole are met after a medical evaluation, the prison district shall convene a meeting to study it, and the prison administration office shall send personnel to participate, and invite comrades from the prison procuratorate office and the discipline inspection commission to attend as observers, and after the prison district meeting agrees, have the guarantor sign the guarantee letter.