Now in criminal detention, will it be a serious sentence for it?

Not necessarily. Criminal detention is a compulsory measure in criminal investigation, and during or after the investigation, if the investigating organ finds that the criminal suspect does not constitute a crime or does not pursue criminal responsibility, it may decide to withdraw the case; After transferring the case to the public prosecution organ for review for prosecution, the public prosecution organ may make a decision not to prosecute if it finds that a crime is not constituted or criminal responsibility is not pursued; Where a lawsuit is brought to the people's court, and after trial, the court finds that a crime is not constituted or that criminal responsibility is not pursued, it may declare a not guilty or be exempted from criminal responsibility.

Article 15 of the Criminal Procedure Law stipulates that in any of the following circumstances, criminal responsibility shall not be pursued, and where it has already been investigated, the case shall be withdrawn, or no prosecution shall be instituted, or the trial shall be terminated, or acquittal shall be declared:

1) The circumstances are obviously minor and the harm is not great, and it is not considered a crime;

2) The statute of limitations for prosecution has already expired;

3) Punishment is waived by a special amnesty order;

4) Crimes that were handled only after a complaint was made in accordance with the Criminal Law, and the complaint was not made or the complaint was withdrawn;

5) The criminal suspect or defendant is deceased;

6) Other laws provide for exemption from criminal responsibility.

Article 161:Where, in the course of investigation, it is discovered that criminal responsibility of the criminal suspect should not be pursued, the case shall be withdrawn; Where a criminal suspect has already been arrested, he shall be immediately released, a certificate of release shall be issued, and the people's procuratorate that originally approved the arrest shall be notified.

Article 166: In cases where the People's Procuratorate has concluded its investigation, it shall make a decision to initiate a public prosecution, not to prosecute, or to withdraw the case.

Article 173: Where the criminal suspect has no facts of a crime, or has any of the circumstances provided for in Article 15 of this Law, the People's Procuratorate shall make a decision not to prosecute.

Where the circumstances of the crime are minor and it is not necessary to give a criminal punishment or waive a criminal punishment in accordance with the provisions of the Criminal Law, the people's procuratorate may make a decision not to prosecute.

In cases where the people's procuratorate decides not to prosecute, it shall at the same time release the sealing, seizure, or freezing of assets that were sealed, seized, or frozen during the investigation. Where it is necessary to give administrative punishment or administrative sanction to the person not being prosecuted, or to confiscate their unlawful gains, the people's procuratorate shall submit a procuratorial opinion and transfer it to the relevant competent organ for handling. The relevant competent organs shall promptly notify the people's procuratorate of the outcome of the disposition.

Article 195:After the defendant's final statement, the chief judge announces an adjournment, and the collegial panel conducts deliberations, and makes the following judgments on the basis of the facts and evidence that have already been ascertained, and relevant legal provisions:

1) Where the facts of the case are clear, the evidence is credible and sufficient, and the defendant is found guilty on the basis of law, a guilty verdict shall be made;

2) Where the defendant is found not guilty in accordance with law, a not-guilty verdict shall be made;

3) Where the evidence is insufficient and the defendant cannot be found guilty, a not-guilty verdict shall be made that the evidence is insufficient and the alleged crime cannot be established. Where a suspect is criminally detained, a sentence is not necessarily given, and the specific time of sentencing shall be determined on the basis of the facts of the crime. Article 82 of the Criminal Procedure Law stipulates that the public security organs may detain an active offender or a major suspect in any of the prescribed circumstances.

Those who are criminally detained are more likely to be sentenced.

Because, only those who are suspected of committing a crime will be criminally detained. The next step is to be arrested and subsequently prosecuted and sentenced if it is further proven to be suspected of committing a crime.

In contrast to administrative detention, criminal detention is merely a criminal coercive measure, so even if it is taken, it does not necessarily leave a criminal record. So is there a sentence after criminal detention? I believe that many people who have been taken into criminal detention want to know, so let me give you a detailed answer below.

Is the criminal detention serious and will it be sentenced?

1. Compared with administrative detention, criminal detention is a relatively serious criminal coercive measure.

2. Criminal detention is one of the criminal coercive measures, and is a compulsory method adopted by the public security organs and people's procuratorates to temporarily deprive the current offender or major suspect of his personal liberty in the course of investigation of a case directly accepted by the public security organs or people's procuratorates when they encounter a statutory emergency.

3. Whether the suspect will be sentenced depends on whether the suspect has committed a crime and whether he needs to bear criminal responsibility. There is no direct relationship between the two. When a suspect is criminally detained, the best course of action is to entrust a professional lawyer to understand the relevant case as soon as possible, so as to protect the suspect's relevant litigation rights and interests to the greatest extent.

What are the conditions for criminal detention

1) The object of detention is an active offender or a major suspect. An active offender is a person who is in the process of committing a crime, and a major suspect is a person who has evidence to prove that he is suspected of committing a major crime.

2) Have one of the statutory emergency circumstances. Articles 61 and 132 of the Criminal Procedure Law provide different provisions for the detention of repentant public security organs and the detention of people's procuratorates as to what constitutes an emergency.

1. Article 80 of the Criminal Procedure Law stipulates that current offenders or major suspects who have one of the following circumstances shall be dealt with by means of enumeration. The public security organs may detain the public security organs in advance

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 the vicinity or residence.

4) Attempting suicide, running away, or being on the run after committing a crime.

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

6) Those who do not tell their real names and addresses, and whose identities are unknown.

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.

2. In criminal proceedings, in accordance with the provisions of article 132 of the Criminal Procedure Law, except that the public security organs have the authority to decide on detention and enforce detention in accordance with law; In cases directly accepted by the people's procuratorate, the people's procuratorate also has the right to decide to detain criminal suspects or defendants in the following two circumstances:

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

2) There is a possibility of destroying or fabricating evidence or colluding confessions. After the people's procuratorate decides to detain you, the public security organs are to enforce it.

Legal analysis: According to the specific situation, criminal detention is not necessarily a sentence, and the premise of sentencing is that criminal responsibility is pursued and does not meet the statutory grounds for exemption from criminal punishment.

Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 82: Public security organs may detain current offenders or major suspects in advance in any of the following circumstances: (1) those who 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 true 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.

Criminal detention does not necessarily result in a sentence. Criminal detention is a compulsory measure in criminal investigation, and during or after the investigation, if the investigating organ believes that the criminal suspect does not constitute a crime or does not pursue criminal responsibility, it may decide to withdraw the case; After the transfer is transferred to the public prosecution organ for review for prosecution and the clarification is changed, the public prosecution organ finds that a crime is not constituted or criminal responsibility is not pursued, it may make a decision not to prosecute; Where a lawsuit is brought to the people's court, after trial, the Fachang branch court finds that a crime is not constituted or that criminal responsibility is not pursued, it may declare an acquittal or waive criminal responsibility.

In any of the following circumstances, criminal responsibility is not pursued, and where it has already been pursued, the case shall be withdrawn, or not prosecuted, or the trial terminated, or acquitted

1) The circumstances are obviously minor and the harm is not great, and it is not considered a crime;

2) The statute of limitations for prosecution has already expired;

3) Punishment is waived by a special amnesty order;

4) Crimes that were handled only after a complaint was made in accordance with the Criminal Law, and the complaint was not made or the complaint was withdrawn;

5) The criminal suspect or defendant is deceased;

6) Other laws provide for exemption from criminal responsibility.

Legal basis. Article 16 of the Criminal Procedure Law of the People's Republic of China: In any of the following circumstances, criminal responsibility is not pursued, and where it has already been pursued, the case shall be withdrawn, or not prosecuted, or the trial shall be terminated, or acquitted: (1) The circumstances are obvious and slight, and the harm is not great, and it is not considered a crime; 2) The statute of limitations for prosecution has already expired; 3) Punishment is waived by a special amnesty order; 4) Crimes that were handled only after a complaint was made in accordance with the Criminal Law, and the complaint was not made or the complaint was withdrawn; 5) The criminal suspect or defendant is deceased; 6) Other laws provide for exemption from criminal responsibility.

Case-by-case analysis. Detention in criminal proceedings is a compulsory mechanism adopted by the public security organs and people's procuratorates to temporarily deprive a person of his or her personal liberty in the course of investigation of a case directly accepted by the public security organs or people's procuratorates when there is a statutory emergency. First of all, no citizen can be found guilty without a judgment by a people's court.

Criminal detention is only a compulsory mechanism in criminal procedures, whether it is suspected of violating the criminal law, the public security organ in charge of the investigation or the people's procuratorate has jurisdiction to investigate the case, if it is found that it does not constitute a crime, the case is withdrawn, and if it is found that a crime is constituted, the case is transferred to the corresponding procuratorate, and it is recommended to initiate a public prosecution, and then the procuratorate examines the case, and if it is found that it does not constitute a crime, it will be returned to the investigating organ, and the compulsory mechanism for the criminal suspect will be lifted at this time. If it is found that a crime has been constituted, it will be prosecuted by the corresponding stupid court, and the court will decide whether a crime has been constituted. Therefore, criminal detention is not necessarily a sentence, but it is very likely.

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

Article 66: Based on the circumstances of the case, people's courts, people's procuratorates, and public security organs may issue custodial summonses, release on guarantee pending further investigation, or residential surveillance of criminal suspects or defendants.

Article 82: In any of the following circumstances, public security organs may first 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 true 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.

What is the maximum duration of criminal detention?

That is, the software compiled by your friend is not allowed to be sold without the approval of the Information Industry Bureau! Illegal gains will be confiscated, and if they do not cause serious consequences, they will generally be detained for about 10 days! The public security organs should present a detention warrant!

Moreover, if the consequences are serious, the person suspected of illegally intruding into the computer system shall generally be sentenced to fixed-term imprisonment of not less than one year but not more than three years or criminal detention and a fine.

Being taken into criminal detention indicates that a criminal offense is suspected, and there are potential criminal legal risks, especially in the case of China's current criminal investigation system and means, the probability of being investigated for criminal responsibility after being taken into criminal detention is very large, and the public security organs generally have a certain amount of evidence when taking detention measures, and the investigation activities after detention may be further converted into arrest and continue the investigation, so once the criminal detention cannot be left to chance. A professional criminal lawyer shall be consulted and retained as soon as possible to intervene and provide professional assistance to avoid infringement of lawful rights and interests.

Can I be sentenced to criminal detention for opening a viewing venue?

Hello, the public security organs may criminally detain current criminals or major suspects, and interrogate the detained persons within 24 hours after detention.

If the prima facie evidence is established and further investigation is necessary, it shall be submitted to the people's procuratorate for review and approval, and the suspect shall be arrested in accordance with law. Public security organs are to conduct preliminary trials in cases where there is evidence to prove the facts of a crime, and verify the evidence materials collected or collected.

After the public security organs conclude their investigation, they are to write a written opinion on prosecution and send it to the people's procuratorate at the same level for review and decision, together with the case file materials and evidence.

Where the people's procuratorate finds that criminal responsibility should be pursued in accordance with law in a case transferred for prosecution by the public security organs, it shall make a decision to prosecute and initiate a public prosecution in the people's court in accordance with the provisions on trial jurisdiction.

After the people's court reviews the case for public prosecution, it will be tried first. Where a court finds a guilty person through trial, it is to be sent to a prison or other place for enforcement.

Criminal detention is only a preventive measure, which only indicates the possibility of a criminal offense, and cannot be used as a criterion for judging whether the case is serious, but if the detention is converted to arrest, it is necessary to be extra careful, because if the evidence is not conclusive, the procuratorate will generally not approve the arrest.