1. After criminal detention, family members should do the following:
(1) After receiving the detention notice, family members should understand the place where the criminal suspect was detained and the person he was charged with. Charges;
(2) Family members should immediately contact professional criminal defense for legal consultation, entrust a lawyer to intervene promptly, meet with the criminal suspect to understand the case, and provide legal help;
(3) To Consult a professional criminal lawyer to understand the relevant provisions of the substantive and procedural laws on the alleged crime; 4. Hire a lawyer to provide legal services to relatives.
2. Legal basis: Article 34 of the "Criminal Procedure Law of the People's Republic of China"
From the date when a criminal suspect is first interrogated or taken compulsory measures by the investigative agency , has the right to entrust a defender; during the investigation, only a lawyer can be entrusted as a defender. The defendant has the right to entrust a defender at any time.
When interrogating a criminal suspect or taking compulsory measures against him for the first time, the investigative agency shall inform him of the right to entrust a defender. The People's Procuratorate shall, within three days from the date of receipt of case materials transferred for review and prosecution, inform the criminal suspect of the right to entrust a defender. The People's Court shall, within three days from the date of accepting the case, notify the defendant of the right to entrust a defender. If criminal suspects or defendants request to entrust a defender while in custody, the people's court, people's procuratorate and public security organs shall promptly convey the request.
2. What is the main difference between administrative detention and criminal detention?
1. The legal nature is different. Criminal detention is a safeguard measure in criminal proceedings and is not punitive in itself; administrative detention is an administrative penalty based on administrative law and is punitive in itself;
2. The applicable objects are different. Criminal detention applies to active offenders or major suspects in criminal cases and is the subject of criminal liability. Administrative detention is applicable to those whose illegal acts should be punished in accordance with the corresponding administrative laws, and the person's illegal acts do not constitute a criminal crime;
3. The purpose of applying criminal detention is to ensure the smooth progress of criminal proceedings. . The purpose of administrative detention is to punish and educate people who generally break the law;
4. The applicable agencies are different: criminal detention is decided by the public security agency and the People's Procuratorate, and implemented by the public security agency; administrative detention is implemented by the public security agency;
5. The detention periods are different. For general current criminals and major suspects, the maximum detention period is 14 days; for major suspects who commit crimes on the fly, commit multiple crimes, or commit crimes in partnership, the maximum detention period is 37 days; the maximum period of administrative detention is 15 days;
6. Criminal detention is based on the "Criminal Procedure Law of the People's Republic of China"; "Public Security Administration Punishment Law of the People's Republic of China", "Administrative Punishment Law of the People's Republic of China" and other administrative regulations.