Will they be sent to a correctional center after being placed in administrative detention?

China has abolished the re-education through labor system, and administrative detention centers are responsible for administrative detention for 15 days and a fine of not more than 20 days.

The main reason why administrative detention cannot be held in detention centers is that administrative detention as stipulated in our national laws is a specific way to deal with the restriction of personal freedom in a short period of time by the statutory administrative organs for relevant illegal acts, and in this case, it is necessary to be detained in a detention center.

1. Is administrative detention in a detention center?

Administrative detention refers to an 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.

Administrative detention is carried out in detention centers, not detention centers.

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 may apply to the administrative entity to suspend the execution of administrative detention if they find a witness to protect the security deposit or pay a guarantee deposit in accordance with regulations.

Administrative detention is different from criminal detention and judicial detention.

1. Administrative detention is different from criminal detention. The former is a punitive measure taken against those who violate the public security administration regulations in accordance with the administrative law; The latter is a criminal coercive measure taken in accordance with the provisions of the Criminal Procedure Law to temporarily deprive a criminal suspect of his or her personal liberty.

2. Administrative detention is different from judicial detention. The latter is a compulsory measure of temporary deprivation of personal liberty imposed by the people's court on a person who obstructs civil or administrative litigation procedures in accordance with the provisions of the procedural law.

2. Can administrative detention be released on bail?

1. Administrative detention without bail, but because they or their families are facing some kind of difficulties and really need to go out to solve them, they may ask for leave.

2. The maximum period of administrative detention is generally 15 days, and the combined punishment for several violations may exceed 15 days, but the maximum cannot exceed 20 days.

According to the current Law on Administrative Penalties for Public Security, Article 10, Paragraph 3 of Chapter 2 of the Law stipulates that administrative detention is a type of administrative punishment for public security. Article 16 of the law stipulates: "Where there are two or more violations of the administration of public security, separate decisions shall be made and enforcement shall be combined."

Where administrative detention punishments are to be combined, the longest is not to exceed 20 days. ”

Article 21 of the Law stipulates: "In any of the following circumstances, a person who violates the administration of public security and shall be given a punishment of administrative detention in accordance with this Law shall not be punished:

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. ”

This article provides for the negative exclusion of applicable objects, that is, administrative detention is not applicable to persons who meet certain specific circumstances, so as to reflect humanistic care.

In our real life, most people do not have a special understanding of administrative detention and criminal detention, criminal detention is a way to restrict personal freedom in the process of case investigation, but administrative detention is a kind of administrative punishment, and the specific way of administrative detention is to be held in a detention center, not a detention center.