30, how can you not be detained

Criminal detention. It refers to the compulsory measures temporarily taken by public security organs or people's procuratorates against current criminals or major suspects in the investigation of criminal cases. The public security organs shall interrogate the detained person within 24 hours of detention.

If the arrest of a detainee is authorized, it is tried in accordance with the Code of Criminal Procedure, and criminal detention is not a punishment or sanction. If the detainee is subsequently acquitted, the detainee may apply for state compensation.

According to Article 61 of the Criminal Procedure Law, [Conditions for Detention] The public security organs may first detain an active offender or a major suspect in any of the following circumstances:

is preparing to commit a crime, committing a crime, or is discovered immediately after committing a crime;

The victim or a person who witnessed the crime identified him as having committed the crime;

Evidence of a crime is found in the vicinity or residence;

attempting suicide, escaping, or being at large after committing a crime;

There is a possibility of destroying or fabricating evidence or colluding confessions;

Those who do not state their real names and addresses, and whose identities are unknown;

There is a major suspicion of committing crimes on the go, committing crimes multiple times, or committing crimes in groups. (According to article 110 of the Ministry of Public Security's "Provisions", "Committing a crime on the move" refers to committing a crime continuously across the scope of a city or county, or fleeing to another city or county after committing a crime at the place of residence to continue committing the crime; "Multiple crimes" refers to committing crimes three or more times; "Committing a crime in a group" refers to two or more people committing a crime together. ）

The maximum period of criminal detention is 37 days.

？？What can't be detained? Get your questions clear!

Legal Analysis: Yes, if there are special circumstances in the detention center, you can not go to the detention center. According to the Regulations of the People's Republic of China on Detention Centers, the following circumstances may not be used in the detention center:

1.Those who have been deported or repatriated in accordance with law; 2.Those who have been sentenced to execution of criminal compulsory measures in accordance with law; 3.

Those who have been sentenced to community drug rehabilitation or compulsory isolation for drug rehabilitation in accordance with the law; 4.Where a decision has been made to employ compulsory education and correctional measures in accordance with law.

The basis of the law of the People's Republic of China: "Regulations of the People's Republic of China on Detention Centers".

Article 31.

In any of the following circumstances when the detainee is released from detention, the detention facility shall transfer the detainee to the relevant organs or units: (1) A decision has been made to deport or repatriate the detainee in accordance with law;

2) Where a decision has been made to enforce criminal compulsory measures in accordance with law;

3) Those who have been lawfully decided to undergo community drug rehabilitation or compulsory isolation for drug rehabilitation;

4) Where a decision has been made to employ compulsory education and correctional measures in accordance with law.

Analysis of the law of the French letter rock: can detention not go to the detention center: it depends.

If the detention is administrative, the person will be detained in an administrative detention facility, and if the detention is criminal, the suspect will be sent to a detention center. Detention centers are organs that detain criminal suspects who have been arrested or criminally detained in accordance with 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.

Legal basis: Article 82 of the Criminal Procedure Law: In any of the following circumstances, public security organs may detain current offenders or major suspects: (1) Those who are preparing to commit a crime, committing a crime, or being discovered immediately after committing a crime; (2) The victim or a person who witnessed it at the scene identified him as having committed the crime; (3) Evidence of a crime is found in their surroundings or residence; (4) Attempting suicide, escaping, or being at large after committing a crime; (5) There is a possibility of destroying or fabricating evidence or colluding confessions; (6) Not telling their real names or addresses, and their identities are unclear; (7) There is a major suspicion of committing a crime on the go, committing a crime multiple times, or committing a crime in a group.

Legal analysis: 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, who have violated the administration of public security for the first time, 3. Those who are over 70 years old, and who are pregnant or breastfeeding their own babies under the age of one. Specifically, with regard to the provisions in (1) and (2), it is mainly for the protection of minors who are pure, considering that the negative impact of punishment on their future growth will be minimized, but that they can learn a lesson to prevent them from violating the law again through the role of prayer education and warning.

Legal basis: Measures for the Implementation of the Regulations on Detention Centers Article 19: Where, at or after detention, the detention center discovers that a detainee has any of the following circumstances, it shall issue a notice recommending that the execution of the detention be stopped, and recommending that the organ making the detention decision make a decision to stop the detention:

1) Those who are mentally ill or have infectious diseases that require isolation**;

2. Xianfeng) is in serious condition and may endanger his life;

3) Those who are unable to take care of themselves;

4) Leaving the hospital due to illness and unable to do so in a short period of time.

The organ making the detention decision shall immediately make a decision on whether to stop the execution of the detention and notify the detention facility.

Legal Analysis: 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. Over the age of 70; 4. Pregnant or breastfeeding a child under the age of one.

Those who do not meet the above conditions may not be exempted, and where the punished person and his relatives find a guarantor or pay a guarantee deposit as required, they may apply to the administrative entity to suspend the enforcement of administrative detention. 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 applying for reconsideration and administrative litigation, the punished person and his relatives may apply to the administrative entity for a suspension of administrative detention if they find a guarantor or pay a guarantee deposit in accordance with regulations.

Administrative detention is different from criminal detention and judicial detention.

Legal basis: Article 21 of the "Law of the People's Republic of China on Public Security Administration Punishments" In any of the following circumstances, where a person who violates the administration of public security shall be given an administrative detention punishment 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 violate the administration of public security for the first time;

3. Over the age of 70;

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

Legal Analysis: No. Detention must be carried out, what you say is definitely unreliable, and it is definitely not okay if you don't go, and finally you will be found and detained, but you have the right to apply for administrative reconsideration or file an administrative lawsuit, and you can apply for a suspension of administrative detention on the grounds of filing an administrative lawsuit, and the public security organ will approve the suspension of administrative detention.

Legal basis: Criminal Procedure Law of the People's Republic of China Article 8 The public security organs may detain Huiqin in advance of any of the following circumstances for current offenders or major suspects:

1) They are preparing to commit a crime, committing a crime, or are discovered immediately after committing a crime;

(2) The victim or a person who witnessed it at the scene identified him as having committed the crime;

(3) Evidence of a crime is found in their surroundings or residence;

(4) Attempting suicide, escaping, or being at large after committing a crime;

(5) There is a possibility of destroying or fabricating evidence or colluding confessions;

6) Not telling their real name or address, and their identity is unclear;

(7) There is a major suspicion of committing a crime on the go, committing a crime multiple times, or committing a crime in a group.

Legal Analysis: No. According to the provisions of the Public Security Administration Punishment Law, after the public security organ makes a public security detention decision, the party concerned needs to enforce it, but the party concerned may apply for a suspension of execution.

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

Article 107: Where a person being punished is dissatisfied with a decision to impose a punishment on administrative detention and 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 that 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 of administrative detention is suspended.

Article 110: Where a person who has been given a decision to be given an administrative detention punishment pays a guarantee deposit, and after suspending administrative detention, evades the enforcement of the administrative detention punishment, the guarantee deposit is to be confiscated and turned over to the state treasury, and the administrative detention decision that has already been made shall still be enforced.

Legal Analysis: Circumstances under which detention is not granted: (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 an infant under the age of 1.

5) Other circumstances in which it is inappropriate to apply detention review.

Legal basis: Article 18 of the "Regulations on Detention Centers" Detention centers shall establish a health and epidemic prevention system for medical hail treatment, and do a good job in disease prevention, epidemic prevention, and prevention. Detention facilities shall promptly respond to sick detainees**.

If the detainee is ill and needs to be discharged, the director of the detention center shall approve it, and a police officer shall be assigned to inspect and manage it; Where the detainee suffers from an infectious disease and needs to be isolated, the detention center shall adopt isolation measures. If the detainee's condition is serious, the detention facility shall immediately take first-aid measures and notify the detainee's relatives.