2. The public security organ shall temporarily detain the person who needs to be investigated according to law.
3. Those who violate the administration of public security should be held in the detention center of public security organs. Generally not more than 15 days.
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Folding administrative detention
Refers to the most severe punishment given to the general illegal acts in violation of the Law of People's Republic of China (PRC) on Public Security Administration Punishment, which is a kind of administrative punishment. The longest period of public security detention is 15 days (release at the expiration of the period shall be decided by the public security organ and executed in the administrative detention center; If you are not satisfied with the detention, you may bring an administrative reconsideration or administrative lawsuit). The time limit for combined execution of detention shall not exceed twenty days.
Folding criminal detention
Refers to the temporary compulsory measures taken by public security organs or people's procuratorates against active criminals or major criminal suspects in the investigation of criminal cases. The public security organ shall interrogate the detained person within 24 hours after detention. If the detainee is arrested, he will be tried in accordance with the criminal procedure law. If acquitted after the trial, the arrested person can apply for state compensation. Criminal detention is not a punishment or sanction. According to the provisions of Article 80 of the Criminal Procedure Law, the public security organ may detain a flagrante delicto or a major suspect in any of the following circumstances:
(1) being prepared to commit a crime, committing a crime or being discovered immediately after committing a crime;
(2) The victim or a witness on the spot identifies him as a criminal;
(3) Evidence of a crime is found around or at the residence;
(4) attempted suicide, escaped or escaped after committing a crime;
(5) It is possible to destroy or forge evidence or collude with others;
(six) do not tell the real name and address, and the identity is unknown;
(seven) suspected of committing crimes, committing crimes many times, and committing crimes in partnership.
The conditions for the people's procuratorate to decide on detention are:
(1) attempted suicide, escaped or escaped after committing the crime;
(2) It is possible to destroy or forge evidence or collude with others.
After the people's procuratorate decides to detain, it shall be executed by the public security organ.
The longest period of criminal detention is 37 days (the time limit for applying for approval of arrest can be extended to 30 days for the main suspects who commit crimes on the run, repeatedly commit crimes or commit crimes in partnership). The procuratorate must make a decision to approve or disapprove the arrest within 7 days.
Judicial custody refers to the detention decision made directly by the people's court in the process of civil and administrative litigation or court execution, according to the Civil Procedure Law or the Administrative Procedure Law, and the longest period is fifteen days.
There is another kind in judicial custody: Article 134 of the General Principles of the Civil Law stipulates that when trying a civil case, the people's court may admonish it, order it to make a statement of repentance, confiscate the property and illegal income of illegal activities, and may impose fines and detention according to law. It can be seen that the detention stipulated in the General Principles of the Civil Law is a kind of punishment that the people's court imposes short-term restrictions on the personal freedom of the perpetrators who seriously violate civil legal norms in the name of the state. This is the most severe punishment in civil sanctions.