What is detention?

Detention refers to the restriction on the object of detention, but detention does not necessarily require a court order, and the police also have the right to detain. The public security organ may detain a flagrante delicto or a major suspect in advance under any of the eight legal circumstances. Detention first refers to taking compulsory measures first, that is, taking measures first and retaining procedures when certain legal circumstances are met.

Legal basis: Article 82 of the Criminal Procedure Law of People's Republic of China (PRC), 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 on-site witness 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 85 of the Criminal Procedure Law of People's Republic of China (PRC), when a public security organ detains a person, it must produce a detention permit.

After detention, the family members of the detainee or their units shall be informed of the reasons and places of detention within 24 hours, except in cases where the investigation is hindered or notification cannot be made.

Article 166 of the Criminal Procedure Law of People's Republic of China (PRC), the people's procuratorate shall interrogate the detained person within 24 hours after the case is directly accepted. If it is found that it should not be detained, it must be released immediately and a release certificate will be issued. Those who need to be arrested but have insufficient evidence may be released on bail pending trial or under residential surveillance.