First, what should I do if I am detained?
1, after the parties are detained, different detentions have different treatment methods:
(1), if it is administrative detention, it belongs to administrative punishment. If a party refuses to accept the punishment of administrative detention, it may apply for administrative reconsideration or bring an administrative lawsuit, and suspend execution before the application;
(2) If it is a criminal detention, it is suspected of a criminal offence. It is best for the parties to entrust a lawyer to defend and communicate face to face.
2. Legal basis:
Article 73 of People's Republic of China (PRC) Public Security Administration Punishment Law
Article 34 of the Criminal Procedure Law of People's Republic of China (PRC)
Second, how many days does criminal detention usually take?
1, usually about ten days, and it can be as long as thirty-seven days in special circumstances.
2. 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.
3. For major suspects who commit crimes on the run, commit crimes for many times or commit crimes by gangs, the time for reporting for examination and approval can be extended to 30 days.
4. The people's procuratorate shall decide whether to approve or disapprove the arrest within seven days after receiving the approval letter from the public security organ. 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.
According to the provisions of the Law on Public Security Administration Punishment, after a party is detained, there are different ways to deal with different detentions: if the administrative detention is an administrative punishment, if the party refuses to accept the administrative detention punishment, he may apply for administrative reconsideration or bring an administrative lawsuit, and apply for suspension of execution before; Criminal detention, involving a crime, may entrust a lawyer to defend it.