Is detention 15 days administrative detention or criminal detention?

Detention 15 days can be administrative detention or criminal detention.

Judging whether it is criminal detention or administrative detention can mainly be analyzed from the following aspects:

1. If you are detained in a detention center, it is criminal detention; Otherwise, it is administrative detention.

2. Administrative detention will have a corresponding administrative penalty decision. If it is criminal detention, there will also be a corresponding detention certificate that the suspect needs to sign. Under normal circumstances, the detention notice will be served to the suspect's family at the same time.

3. If a person is released after being detained 15 days, there will be a corresponding release certificate, which will indicate the reasons for detention and release, so that it can be judged whether it is criminal detention or administrative detention.

The difference between administrative detention and criminal detention;

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 procedural law; Take administrative detention according to the "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 longest period of administrative detention is 15 days.

To sum up, as far as detention 15 days is concerned, it cannot be used to judge whether it is criminal detention or administrative detention.

Legal basis:

Article 91 of the Criminal Procedure Law of People's Republic of China (PRC)

If the public security organ deems it necessary to arrest the detained person, it shall submit it to the people's procuratorate for examination and approval within three days after detention. Under special circumstances, the approval time can be extended by one to four days.

For major suspects who commit crimes on the run, commit crimes many times or commit crimes in collusion, the time for submitting for examination and approval may be extended to 30 days.

The people's procuratorate shall, within seven days after receiving the approval letter from the public security organ, make a decision on whether to approve or disapprove the arrest. If the people's procuratorate does not approve the arrest, the public security organ shall immediately release it after receiving the notice and promptly notify the people's procuratorate to execute it. Those who need to continue the investigation and meet the conditions of obtaining a guarantor pending trial or residential surveillance shall be granted a guarantor pending trial or residential surveillance according to law.

"People's Republic of China (PRC) public security management punishment law" sixteenth.

If there are more than two kinds of violations of public security management, they shall be decided separately and executed jointly. Combined with administrative detention punishment, the longest shall not exceed twenty days.