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Do I have to be detained by public security for picking quarrels and provoking trouble? Can I pay a fine?
In administrative penalties, those who cause trouble must be detained, and fines are only optional penalties.
The law stipulates:
Article 26 of the "Public Security Management Punishment Law" who commits any of the following acts shall be detained for not less than 5 days but not more than 10 days, and may also be fined 500 yuan The following fines are imposed;
If the circumstances are serious, they shall be detained for not less than 10 days but not more than 15 days, and may also be fined not more than 1,000 yuan:
(1) Fighting in groups;
(2) Chasing or intercepting others;
(3) Forcibly taking or arbitrarily damaging or occupying public or private property;
(4) Other acts of provoking quarrels and provoking trouble.
Extended information:
Public security detention is one of the administrative penalties, also known as administrative detention.
Administrative detention refers to a punishment measure taken by the public security organs to restrict the personal freedom of citizens who have violated administrative laws and regulations in the short term.
The period is more than 1 day and less than 15 days.
Administrative detention is a punishment that restricts citizens’ personal freedom and is also one of the most severe administrative penalties.
Administrative detention in our country is mainly public security detention.
Because it is a severe administrative penalty, the law also has strict provisions on this penalty. Only the public security organs can implement it, and no other administrative organs have the right to implement it.
The place of detention is a public security detention center.
For administrative violations that should be detained according to law, the administrative agency will impose the penalty of administrative detention.
The most common form of administrative detention[1]?is often caused by violating the provisions of the "Public Security Management Punishment Law" and is decided and executed by the public security agency. It is usually called public security detention.
Article 2 of the Law stipulates: Disrupting public order, impeding public safety, infringing upon personal rights and property rights, impeding social management, and having social harm, in accordance with the "People's Law of the People's Republic of China" *If a crime is constituted according to the provisions of the Criminal Law of the People's Republic of China, criminal responsibility shall be investigated in accordance with the law;
If the crime is not sufficient for criminal punishment, the public security organs shall impose public security administrative penalties in accordance with this law.
Reference: Baidu Encyclopedia-Public Security Detention
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