Does entering a detention center mean a sentence? Will you be sentenced if you enter the detention c

Updated on society 2024-07-24
8 answers
  1. Anonymous users2024-02-13

    Generally speaking, most of the people who enter the detention center will be sentenced, depending on the case involved, criminal cases will basically be sentenced, unless the amount of money you are involved in does not meet the standard for filing a case, the procuratorate will approve not to arrest.

  2. Anonymous users2024-02-12

    Not necessarily, entering the detention center means that you are related to the case, so you will be interrogated, and if you find that there is no illegal act, you will be released, but if you do harm, you will be sentenced.

  3. Anonymous users2024-02-11

    If you enter a detention center, you will not necessarily be sentenced, but you may only be detained for interrogation, and if you find that you should not be detained, you will be released.

  4. Anonymous users2024-02-10

    It is very likely that he will be sentenced to a heavy sentence, his crime has been grasped by the relevant authorities, and at the same time, he will make a reasonable judgment about what kind of ability a person is.

  5. Anonymous users2024-02-09

    In the case of criminal detention, the family will be notified in writing that the family will be detained in accordance with the provisions of the Criminal Procedure Law. Although it is a criminal detention, but it is not a sentence, it depends on the relevant evidence, and after criminal detention and then released, there is a verdict of acquittal or the case is withdrawn without a judgment. Even if they are guilty, they can fight for a lighter punishment.

    In addition, if it is detained according to public security, then there is certainly no possibility of criminal punishment, i.e., sentencing.

    When I went to the detention center, I just explained that I might be sentenced, but it didn't mean that I would definitely be sentenced. For detainees, the public security organs shall conduct interrogations within 24 hours of detention. If it is discovered that they should not be detained, a "Notice of Release" is issued, and the detention center will issue a "Certificate of Release" to the detainee on the basis of the "Notice of Release", and the detainee will be released immediately.

    Legal basis] Criminal Procedure Law of the People's Republic of China

    Article 86: Public security organs shall interrogate detained persons within 24 hours of their detention. When Zheng Xian should not be detained, he must be released immediately and a certificate of release must be issued.

  6. Anonymous users2024-02-08

    Legal Analysis: According to the provisions of China's Criminal Procedure Law, the procedures to be followed after being detained in a detention center to a verdict include investigation by the investigating organ, transfer of the case to the procuratorate, initiation of a public prosecution by the procuratorate, and judgment by the people's court. Detention centers are the main places where criminal suspects are detained in our country, and after criminal suspects are placed under criminal detention or arrested, they will be transferred to the detention center for detention, and the procuratorate will conduct a trial after initiating a public prosecution.

    Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 162: In cases where the public security organs have concluded their investigation, the facts of the crime shall be clear, the evidence credible and sufficient, and a written opinion for prosecution shall be written, and the case file materials and evidence shall be transferred to the people's procuratorate at the same level for review and decision; At the same time, inform the criminal suspect and his defense lawyer of the transfer of the case. Where criminal suspects voluntarily admit guilt, it shall be recorded in the case file, transferred with the case, and the relevant circumstances shall be noted in the prosecution opinion.

  7. Anonymous users2024-02-07

    Entering a detention center does not mean that a sentence is imposing or that a sentence has already been given.

    1. Article 3 of the Criminal Procedure Law of the People's Republic of China: The public security organs are responsible for the investigation, detention, execution of arrest and preliminary trial of criminal cases. The people's procuratorate is responsible for the prosecution, approval of arrest, investigation of cases directly accepted by the procuratorate, and initiation of public prosecutions.

    The people's courts are responsible for trials. Except as specifically provided by law, no other organ, group or individual has the right to exercise these powers.

    2. Article 12: No one may be found guilty without a judgment made by a people's court in accordance with law. Article 136: All cases that require public prosecution shall be reviewed and decided by the People's Procuratorate.

    3. When the people's procuratorate reviews a case, it may return it to the public security organ for supplementary investigation if it is necessary to supplement the investigation, or it may conduct its own investigation.

    4. In cases of supplemental investigation, the supplemental investigation shall be completed within one month. Supplementary investigation is limited to two times, and after the supplementary investigation is completed and transferred to the people's procuratorate, the people's procuratorate is to recalculate the time limit for review for prosecution.

    Of course not, it is possible that he will be released after a few days of detention, depending on how serious his crime is.

    Generally, a sentence is to be imposed, and the specific length of the sentence is determined by the court according to the specific circumstances of the case.

    Sending people to a detention center does not necessarily mean that they will be sentenced.

    If a person is sent to a detention center, it only means that he or she should have committed a crime, but whether it constitutes a crime and whether he should be investigated for criminal responsibility still needs to be investigated and collected by the investigation agency, and the procuratorate will conduct a pre-prosecution review, and the court will make a judgment later.

    Regardless of the stage, if it is found that the criminal suspect in custody does not constitute a crime, or should not be investigated for criminal responsibility, or can not be prosecuted, the criminal suspect can be released and will not be sentenced by the court; Even if it goes to court, if the evidence is found to be insufficient after the court trial, the court will issue a verdict of not guilty.

    Of course, if there is sufficient evidence to prove that a crime is constituted, then it will definitely be sentenced.

    Criminal suspects detained in detention centers must wait for the verdict before the characterization of the case and the responsibilities of the relevant persons can be clarified, and the detainees will also have further whereabouts. The time of the detention center detainees is uncertain, and the facts of the case are clear and the main culprits are present.

    The Regulations of the People's Republic of China on Detention Centers stipulate that detention centers are organs for the detention of persons 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.

    The task of the detention center is to carry out armed guards and guards for detainees in accordance with national laws to ensure their safety; education of prisoners; administering the life and hygiene of prisoners; Ensure the smooth progress of investigation, prosecution and trial work.

    Entering a detention center means being detained or arrested.

    Not necessarily, if you do not release it for up to 37 days, you may be arrested, and it is recommended to get a lawyer to meet with a defense as soon as possible.

  8. Anonymous users2024-02-06

    Entering a detention center does not necessarily lead to a sentence.

    Detention centers are mainly used to detain prisoners who have been arrested or criminally detained in accordance with the law, and criminals who have been sentenced to fixed-term imprisonment of less than one year, or whose remaining sentence is less than one year, and it is inconvenient to send them to a labor reform facility for execution.

    If, after detaining a prisoner in a detention center awaiting trial, the public security organs find that they should not be detained after investigation, they will issue a "Notice of Release", and the detention center will immediately release them after receiving the notice.

    Where a crime is constituted, if the party has legally-prescribed circumstances, the punishment is waived or the case is withdrawn, and the sentence will not be given.

    Criminals who have been sentenced to imprisonment for less than one year, or whose remaining sentence is less than one year, and it is inconvenient to send them to a labor camp for execution, will not be sentenced again by Note Companion because they have already been sentenced, unless there is an undiscovered crime or a new criminal act has been committed.

    Article 32 of the Criminal Law Punishment is divided into principal punishment and supplementary punishment. Article 33: The types of principal punishments are as follows: (1) Control; (2) Detention ; 3) Fixed-term imprisonment; 4) life imprisonment; (v) The death penalty.

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