Will detention expel you from public office?

After the administrative detention of public officials, the unit shall handle it by itself. In general, it is a warning, a demerit, and dismissal. He will have a record, but he will not be dismissed from public office. Administrative detention is not a punishment for criminal offences. Unless the circumstances are serious, public office is generally not dismissed. If a public institution considers that the influence is too great to hold a post again, it may announce its dismissal. If the unit has little influence, it can be given the opportunity to correct it, and it will be warned or recorded.

Criminal detention is a compulsory measure, not a penalty. Criminal detention is not a penalty, but a compulsory measure taken by public security organs against criminal suspects. Administrative detention is a kind of public security punishment. The object of punishment is a person who seriously violates public security management regulations, but does not constitute a crime. Detainees can be defendants, plaintiffs or others.

The longest period of criminal detention is 14 days. Major suspects who commit crimes on the run, commit crimes many times or commit crimes by gangs can be detained for up to 37 days. Generally speaking, the state organs confirm the possibility that someone has committed a certain crime, which means that they have exact evidence, so they also set a time limit to improve the effectiveness of the organs.

I hope the above content can help you. If in doubt, please consult a professional lawyer.

Legal basis:

Article 16 of the Interim Provisions on the Punishment of Staff in Institutions

One of the following acts, given a demerit; If the circumstances are serious, demotion or dismissal shall be given; If the circumstances are serious, be dismissed:

(1) Spreading remarks that damage the reputation of the State, or organizing or participating in activities such as assembly, procession and demonstration aimed at damaging the interests of the State; (2) Organizing or participating in an illegal organization; (3) Accepting overseas funding to engage in activities that harm national interests or endanger national security; (4) accepting overseas invitations and awards that harm the honor and interests of the state and refusing to correct them after criticism and education; (five) in violation of the national laws and policies of ethnic and religious, resulting in adverse consequences; (six) illegally leaving the country without approval, obtaining the qualification of permanent residence abroad or obtaining foreign nationality; (7) Bringing books, periodicals, audio-visual products and electronic books with contents prohibited according to law into the country (territory); (eight) other acts in violation of political discipline. Whoever commits one of the acts listed in Items (1) to (3) of the preceding paragraph, but is held hostage by a person who doesn't know the truth and shows repentance after criticism and education, may be given a mitigated punishment or exempted from punishment. The decision-making power of administrative detention belongs to the public security organs at or above the county level; The time limit is generally within 10 day, and the heavier one does not exceed 15 day; After the announcement of the administrative detention decision, during the application for reconsideration and administrative litigation, if the punished person and his relatives find a guarantor or pay a deposit in accordance with the regulations, they may apply to the administrative subject for suspending the execution of administrative detention.