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Any priors for being detained for one night?
The difference between criminal detention and public security detention lies in:
1, with different properties. Criminal detention is a safeguard measure in criminal proceedings and a litigation act. Its purpose is to ensure the smooth progress of criminal proceedings, and it is not punitive in itself. Administrative detention is a punishment for public security management, and it is essentially an administrative punishment. Its purpose is to punish and educate people who commit ordinary illegal acts.
2. The legal basis is different. Taking criminal detention in accordance with the provisions of the Criminal Procedure Law; Administrative detention shall be taken according to the Administrative Punishment Law, the Public Security Administration Punishment Law and other administrative regulations.
3. The applicable objects are different. Criminal detention is applicable to flagrante delicto or major criminal suspect in criminal cases. Administrative detention is applicable to people who have ordinary illegal acts. There is a boundary between crime and non-crime.
4. Different detention periods. The longest period of criminal detention for ordinary active criminals and major suspects is 14 days, and the longest period of detention for major suspects who commit crimes on the run, commit crimes for many times, and commit crimes in collusion is 37 days. The maximum period of administrative detention is 20 days.
legal ground
Article 83 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment: After summoning violators, the public security organ shall promptly ask for verification, and the time for inquiry and verification shall not exceed eight hours; If the situation is complicated and the punishment of administrative detention can be applied according to the provisions of this law, the time for questioning and verification shall not exceed 24 hours. The public security organ shall promptly notify the family members of the summoned person of the reason and place of the summons.
Article 82 of the Criminal Procedure Law of People's Republic of China (PRC) * * * A flagrante delicto or a major suspect under any of the following circumstances may be detained by the public security organ in advance:
(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) criminal evidence is found around him or at his residence;
(four) attempted suicide, escape or escape after committing a crime;
(5) It is possible to destroy or forge evidence or collude with others;
(six) do not speak the real name and address, the identity is unknown;
(7) Being seriously suspected of committing crimes on the run, committing crimes for many times or committing crimes in association.
Article 86 of the Criminal Procedure Law of People's Republic of China (PRC) * * * The public security organ shall interrogate the detained person within 24 hours after detention. If it is found that it should not be detained, it must be released immediately and a release certificate will be issued.
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