Fortune Telling Collection - Comprehensive fortune-telling - What are the consequences of detention 15 days?
What are the consequences of detention 15 days?
Detention is detention, detention. Generally, it can be divided into criminal detention, administrative detention and civil detention. Among them, criminal detention is a compulsory measure in criminal proceedings; Administrative detention belongs to public security administrative punishment; Civil detention is a kind of judicial administrative treatment and a compulsory measure in civil litigation. When the public security organ carries out detention, it must show the detention certificate and order the detained person to sign (seal) the detention certificate and press the fingerprint. If he refuses to sign (seal) or fingerprint, the person who executes the detention shall make a written record. If the detainee resists detention, the executor has the right to use coercive means, including the use of coercive means.
The treatment after fifteen days of detention needs to be judged according to the situation:
1, if it is necessary to arrest, during the detention period, go through the formalities for approving the arrest according to law;
2, should be investigated for criminal responsibility, but there is no need to arrest, according to the law for bail or residential surveillance procedures, directly to the people's procuratorate;
3. Failing to find out the facts of the crime during detention, going through the formalities of obtaining a guarantor pending trial or residential surveillance according to law, and continuing the investigation;
4. If the case is revoked, the detained person shall be released and a release certificate shall be issued.
In a word, the notice of detention must be given immediately. It should be executed immediately, but if the punished person refuses to accept the decision on administrative detention and applies for administrative reconsideration or brings an administrative lawsuit, he may apply to the public security organ to suspend the execution of administrative detention, and the decision on administrative detention may be suspended.
Legal basis:
Article 107 of People's Republic of China (PRC) Public Security Administration Punishment Law
If the punished person refuses to accept the decision on administrative detention and applies for administrative reconsideration or brings an administrative lawsuit, he may apply to the public security organ for suspending the execution of administrative detention. If the public security organ thinks that the suspension of administrative detention will not cause social danger, the punished person or his near relatives shall provide a guarantor who meets the conditions stipulated in Article 108 of this Law, or pay a deposit according to the standard of 200 yuan per day for administrative detention, and the punishment decision of administrative detention shall be suspended.
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