How long can criminal detention be changed to public security detention

Can public security detention be transferred to criminal detention?If we want to solve this problem, we must first understand what is public security detention and what is criminal detention, and what is the difference between the twoOnly by clarifying this can we understand whether public security detention can be transferred to criminal detention.

Public security detention is one of the administrative punishments, also known as administrative detention. Administrative detention refers to a punishment measure imposed by the public security organs on citizens who violate administrative laws and regulations to restrict their personal freedom for a short period of time. The period is more than 1 day and less than 15 days.

Administrative detention is a punishment that restricts a citizen's personal freedom, and it is also one of the most severe punishments in administrative punishment. Criminal detention is a temporary measure to complement criminal proceedings. In accordance with the Criminal Procedure Law, the public security organs shall decide to criminally detain persons in the following circumstances:

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 the crime at the scene identifies the crime;(3) Evidence of a crime is found in the vicinity 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. Therefore, if the investigation during the period of public security detention constitutes a criminal offence, then it may be converted to criminal detention.

At first it was three days, then it could be extended to seven days, and in special cases it could be extended to thirty days. For example, if the subject is one person in one case, the maximum period of criminal detention is seven days, after which it will be transferred to arrest (or release on bail pending further investigation if there is no evidence), and if more than one person is suspected of committing a crime, or if there is a crime committed by wandering, the period of criminal detention can be extended to a maximum of 30 days.

After the expiration of the 30th date, it is very common to be released on early release or released on bail pending further investigation in the course of criminal detention, depending on the specific circumstances. Public security detention is an administrative punishment, which is punished in accordance with the Public Security Administration Punishment Law of the People's Republic of China, and the specific period of detention is clearly stipulated in the law. Criminal detention may also be converted to release on bail pending further investigation within 15 days.

Criminal detention itself is not a punishment, and depending on the evidence in the case, it may be converted to release on bail pending further investigation or may be converted to arrest.

Legal Analysis: Criminal detention cannot be transferred to administrative detention to accompany Li Mengliu. Our Code of Criminal Procedure stipulates that criminal detention can be followed only by arrest and release.

It is not possible to convert to administrative detention. Criminal detention is applicable to current offenders or suspects suspected of committing crimes in criminal cases. Administrative detention is for persons who have committed ordinary offences.

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

Article 2: Where public order is disrupted, public safety is endangered, personal rights or property rights are violated, social management is obstructed, and a crime is constituted in accordance with the provisions of the Criminal Law of the People's Republic of China, and where the pursuit of criminal responsibility in accordance with law is insufficient for criminal punishment, the public security organs are to give public security administrative sanctions in accordance with this Law.

Article 10: The types of public security administrative punishments are divided into:

a) Warning. b) Fines.

3) Administrative harassment of Liang detention.

4) Revoke permits issued by public security organs.

Foreigners who violate the administration of public security may be subject to an additional time limit for leaving the country or being deported.

Criminal detention cannot be transferred to administrative detention. China's Criminal Procedure Law stipulates that criminal detention can only be followed by the arrest and release of two fingers. It is not possible to convert to administrative detention.

Criminal detention applies to current offenders or major suspects who are suspected of committing a crime in a criminal case. Administrative detention is for persons who have committed ordinary offences.

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

Article 2: Where public order is disrupted, public safety is endangered, personal rights or property rights are infringed, social management is obstructed, and a crime is constituted in accordance with the provisions of the "Criminal Law of the People's Republic of China", and where the pursuit of criminal responsibility in accordance with law is insufficient for criminal punishment, the public security organs are to give public security administrative sanctions in accordance with this Law.

Article 10: The types of public security administrative punishments are divided into:

a) Warning. b) Fines.

3) Administrative detention.

4) Revoke permits issued by public security organs.

Foreigners who violate the administration of public security may be subject to a limited period of exit or deportation.

According to the provisions of the Criminal Procedure Law, the maximum period of criminal detention is 37 days, and if there is no evidence of the suspect's crime after 37 days of criminal detention, but it is necessary to carry out public security detention, it may be converted to public security detention. Article 89 of the Criminal Procedure Law of the People's Republic of China provides that if a public security organ finds it necessary to arrest a detained person, it shall submit it to the people's procuratorate for review and approval within three days of the detention of the person. Under special circumstances, the time for submitting a request for review and approval may be extended by one to four days.

For major suspects who have committed crimes on the go, committing crimes multiple times, or committing crimes in groups, the time period for submitting a request for review and approval may be extended to 30 days. The people's procuratorate shall make a decision to approve or not to approve arrest within 7 days of receiving a written request for approval of arrest from the public security organs. Where the people's procuratorate does not approve the arrest, the public security organs shall release them immediately after receiving the notice, and promptly notify the people's procuratorate of the execution situation.

Where it is necessary to continue the investigation and the requirements for release on guarantee pending further investigation or residential surveillance are met, they are to be released on guarantee pending further investigation or placed under residential surveillance in accordance with law.

Article 91 of the Criminal Procedure Law: Where a public security organ finds it necessary to arrest a detained person, it shall submit it to the people's procuratorate for review and approval within three days of the detention. Under special circumstances, the time for submitting a request for review and approval may be extended by one to four days. For major suspects who have committed crimes on the go, committing crimes multiple times, or committing crimes in groups, the time period for submitting a request for review and approval may be extended to 30 days.

The people's procuratorate shall make a decision to approve or not to approve arrest within 7 days of receiving a written request for approval of arrest from the public security organs. Where the people's procuratorate does not approve the arrest, the public security organs shall release them immediately after receiving the notice, and promptly notify the people's procuratorate of the execution situation. Where it is necessary to continue the investigation and the requirements for release on guarantee pending further investigation or residential surveillance are met, they are to be released on guarantee pending further investigation or placed under residential surveillance in accordance with law.

If the penalty is wrongly applied, it can of course be corrected.

If the public security case that has already been detained is changed, it can only be changed to a criminal case, which will lead to a more severe punishment.

If you don't meet the above, you can't change it.

1. Is detention still used after administrative detention is stopped?

After the detention decision-making organ makes a decision to suspend enforcement of the detention hall, and the detainee suffers from mental illness, infectious disease, medical treatment for illness, or other circumstances to suspend enforcement, the detainee will no longer enforce the original administrative detention decision.

2. What is the difference between the suspension of administrative detention and the suspension of administrative detention.

1. The objects are different. The object of the suspension of administrative detention is the detainee who is mentally ill or unable to take care of himself, while the object of the suspension of administrative detention is the punishment of the person who is not satisfied with the administrative detention punishment decision and wants to apply for administrative reconsideration or file an administrative lawsuit.

2. The premise is different. The suspension of administrative detention is premised on circumstances in which it is not appropriate to carry out administrative detention. The premise for suspending administrative detention is to apply for administrative reconsideration or file an administrative lawsuit.

3. Whether to provide a guarantor or guarantee. It is not necessary to provide a guarantor or guarantee money to stop the execution of administrative detention. However, for the suspension of administrative detention, a guarantor who meets the conditions stipulated in Article 108 of the Public Security Administration Punishment Law is required, or a guarantee deposit of 200 yuan per day of administrative detention is required.

4. Is administrative detention necessary? After the detainee ceases to carry out administrative detention, the administrative detention is no longer carried out. However, where the enforcement of administrative detention is suspended and the enforcement of the punishment of administrative detention is evaded, the security deposit shall be confiscated and handed over to the state treasury, and the administrative detention decision that has already been made shall still be enforced.

There are no specific provisions, and the specific procedures and timings are coordinated by the relevant authorities. Administrative detention is an important and common type of administrative punishment. Administrative detention refers to a kind of administrative punishment in which a statutory administrative organ (specifically referring to a public security organ) restricts the personal freedom of a person who violates administrative laws and norms in accordance with the law.

Administrative detention is the most severe form of administrative punishment, which is usually applied to situations where serious violations of public security administration do not constitute a crime, and warnings, fines, and pure punishments are not enough to punish them. 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.

Criminal detention is a compulsory method adopted by the public security organs and people's procuratorates to temporarily deprive the person of liberty of an existing offender or a major suspect in the course of investigation of a case directly accepted by the public security organs and people's procuratorates when they encounter an emergency prescribed by law. Criminal detention must meet two conditions at the same time: first, the object of detention is an active offender or a serious suspect.

An active offender is a person who is committing a crime, and a major suspect is a person who has evidence to prove that he is suspected of committing a major crime. Second, it has one of the statutory emergency circumstances. Article 80 of the Criminal Procedure Law: Public security organs may detain current offenders or major suspects in any of the following circumstances:

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 the vicinity 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.