For suspects whose evidence is insufficient or the circumstances are obviously minor and do not constitute criminal punishment, the public security organs should immediately lift the criminal detention, that is, they can also be given administrative detention punishment according to the circumstances. That is to say, there may be criminal records (subject to criminal punishment or administrative punishment) after criminal detention, but there is another way out, that is, acquittal, so it is impossible to leave criminal records.
Extended data
procedure
If the public security organ needs to detain the criminal suspect according to law, the organizer shall fill in the Detention Report of Letters and Visits, and the person in charge of the public security organ at or above the county level shall approve the issuance of the Detention Certificate, and then the unit applying for approval of detention shall be responsible for the implementation.
When a people's procuratorate decides to detain a case, it shall be put forward by the case-handling personnel, reviewed by the head of the department and decided by the procurator-general. If the people's procuratorate decides to detain, it shall send the detention decision to the public security organ, which shall be responsible for the implementation. The public security organ shall execute it immediately, and the people's procuratorate may assist the public security organ in executing it.
According to the Organic Law of the National People's Congress, the Organic Law of Local People's Congresses and Local People's Governments at All Levels and relevant judicial interpretations, when the public security organs and people's procuratorates decide to detain the following persons with special status, they need to report to the relevant departments for approval or filing:
(1) If deputies to people's congresses at or above the county level are detained for flagrante delicto, the organ that decides to detain them shall immediately report to the presidium or standing committee of the people's congress where they belong; If detention is necessary for other reasons, the organ that decided to detain it shall report to the presidium or the Standing Committee of the people's Congress to which the representative belongs for permission.
(2) When foreigners and stateless persons who do not enjoy diplomatic privileges and immunities decide to take criminal detention, they shall report to the relevant departments for examination and approval. If Tibet, Yunnan and other remote areas have no time to report, they can report while implementing it, and at the same time seek the opinions of the foreign affairs offices of provinces, autonomous regions and municipalities directly under the Central Government and the competent departments of foreigners.
(3) When taking criminal detention of foreign students, they should seek the opinions of local foreign affairs offices and higher education bureaus and report to the Ministry of Public Security or the Ministry of National Security for approval.
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. Refuse to sign (seal) or fingerprint, the person who executes the detention shall indicate it. If the detainee resists detention, the executor has the right to use coercive means, including the use of coercive means.
After detention, the organ that decides to detain shall notify the family of the detained person or his unit within 24 hours of the reasons and place of detention, unless there are circumstances that hinder the investigation or cannot be notified. The so-called situation of obstructing investigation means that the suspect in the same case may escape, conceal, destroy or forge evidence; It is possible to collude with each other and form an offensive and defensive alliance; Or other accomplices remain to be verified.
The so-called situation that cannot be informed refers to: the detainee does not speak his real name and address, and his identity is unknown; The detainees have no family members or work units. After the reasons that affect the notification disappear, the case-handling personnel shall immediately notify the family members of the detained person or their units. If it is not notified within 24 hours, the reasons shall be indicated on the detention notice.
The organ that decides to detain shall interrogate the detained person within 24 hours after detention. The purpose of interrogation is to find out the facts and prevent false detention. At the same time, it can also collect evidence in time and find out other accomplices without delaying the fighter. When it is found that it should not be detained, it must be released immediately and a release certificate must be issued.
The so-called non-detention mainly refers to the following situations: the criminal act has not occurred or the detainee's behavior does not constitute a crime; Although there are criminal acts, criminal responsibility should not be investigated according to law; Although there is a crime, it is not committed by the detainee; Although the criminal act was committed by the detainee, the person does not have the legal circumstances of detention and does not need to be detained. In case of the above circumstances, the detained person shall be released immediately and a release certificate shall be issued.
Those who need to be arrested but have insufficient evidence may be released on bail pending trial or under residential surveillance. That is, if, after interrogation, it is believed that the detainee has committed a crime and needs to be arrested according to law, but during the detention period, sufficient evidence can not be collected to prove the facts of the crime, and some compulsory measures should be taken to restrict personal freedom because of the need to handle the case, he can be released on bail pending trial or under residential surveillance according to law.
If it is necessary to arrest a detained criminal suspect, the arrest formalities shall be handled.
Baidu encyclopedia-criminal detention