Second, we should not engage in the transfer of stolen money, accounts, destruction, forgery of evidence, inducement, coercion, interference with witnesses and victims to testify, collusion, bribery and other acts to prevent "secondary crimes."
Third, don't go to the hospital in a hurry, don't blindly trust acquaintances without knowing the case, and beware of being defrauded of property by scammers or legitimate brokers.
Four, to the case handling unit to receive the notice of seizure, to determine the exact charges suspected, and to receive the property that has nothing to do with the case, such as identity documents, mobile phones, bags, bank cards, etc.
Five, in the case of economic conditions permit, as soon as possible through a regular law firm to entrust a professional criminal lawyer, meet with the criminal suspect, communicate with the handling unit, understand the details of the case, and put forward professional opinions. If the economy is really difficult, you can also apply for legal aid from the local judicial bureau.
First, the difference between criminal detention and administrative 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 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.
Second, what should I do if I am wrongly arrested and criminally detained?
According to the provisions of the State Compensation Law, in the case of being detained according to law and subsequently relieved of criminal responsibility, the victim must also meet the detention limit beyond the detention period in order to obtain compensation. This means that as long as the investigation organ releases the criminal suspect within the detention period stipulated by law, the victim has no right to compensation. According to China's Criminal Procedure Law, the legal detention period is seven days. For major criminal suspects who commit crimes on the run, commit crimes repeatedly, or commit crimes in partnership, the time for submitting for examination and approval for arrest can be extended to 30 days, that is, under special circumstances, the investigation organ will be exempted from state compensation for legal detention for a maximum of 37 days. This is due to the consideration of a large number of deviations that may occur when taking criminal detention in a state of emergency. In emergencies, mass incidents and serious incidents of beating, smashing, looting and burning, judicial organs often release only a few of them after arrest and screening. If they exceed the detention period, they should be allowed to claim state compensation.
Legal basis: Article 36 of the Criminal Procedure Law of People's Republic of China (PRC).
Legal aid institutions can send lawyers to be on duty in people's courts, detention centers and other places. If the criminal suspect or defendant does not entrust a defender or the legal aid institution does not entrust a lawyer to defend him, the lawyer on duty will provide legal assistance to the criminal suspect or defendant, such as legal consultation, suggestions on procedure selection, application for changing compulsory measures, and suggestions on handling cases. The people's courts, people's procuratorates and detention centers shall inform the criminal suspects and defendants that they have the right to meet the lawyers on duty, and provide convenience for the criminal suspects and defendants to meet the lawyers on duty.