1. According to the relevant provisions of the Law on Public Security Administration Punishment, if it does not constitute a crime, the only punishment that restricts personal freedom is administrative detention. If there are more than two kinds of violations of public security management, they shall be decided separately and executed jointly. Combined with administrative detention punishment, the longest shall not exceed twenty days; The public security organ shall promptly notify the family members of the summoned person of the reason and place of the summons.
2. According to the relevant provisions of the Criminal Procedure Law, the public security organs have exhausted all legal procedures from the day when the criminal suspect is detained, and can detain the criminal suspect for one year, six and a half months after all legal time limits have been applied.
Criminal detention is decided by the public security organ; The arrest is decided by the procuratorate or the court and executed by the public security organ; The public security organs have the right to decide the laws on obtaining bail pending trial and residential surveillance.
First, how to exercise the power of administrative punishment to restrict personal freedom?
Administrative penalties for restricting personal freedom shall be exercised by public security organs and other organs prescribed by law. The law clearly stipulates that provinces authorized by the State Council or the State Council; The people's governments of autonomous regions and municipalities directly under the Central Government may decide an administrative organ to exercise the administrative punishment power of the relevant administrative organs, but only the public security organs and other organs prescribed by law have the right to exercise the punishment power of restricting personal freedom. An organ that enjoys the power of administrative punishment and can implement administrative punishment shall meet the following conditions:
1. must be an administrative organ;
2. Must have external management functions;
3. Must obtain the specific power of administrative punishment;
4. It must be implemented within the statutory scope. Organizations authorized by laws and regulations to impose administrative penalties with the function of managing public affairs may impose administrative penalties within the legally authorized scope.
2. What is the administrative penalty for restricting personal freedom?
The only administrative punishment that restricts personal freedom is administrative detention. Reeducation through labor is an administrative measure of compulsory education reform, not an administrative punishment. Administrative penalties include:
1. Warning, informed criticism;
2 fines, confiscation of illegal income, confiscation of illegal property;
3. Suspend the license, lower the qualification level and revoke the license;
4. Restrict production and business activities, order to stop production and business, order to close down, and restrict employment;
5. Administrative detention;
6. Other administrative penalties prescribed by laws and administrative regulations.
Administrative punishment refers to the behavior that administrative organs punish citizens, legal persons or other organizations for violating administrative order by reducing their rights and interests or increasing their obligations.
Three, the limitation of administrative punishment is usually several years.
According to the relevant laws of our country, the time limit for giving administrative punishment to offenders is not the limitation of prosecution, but the limitation of prosecution is aimed at criminal suspects. If no illegal acts are found within two years, no administrative punishment will be given. The Legal Express reminds you that if an illegal act in Article 36 of the Administrative Punishment Law of the People's Republic of China is not discovered within two years, no administrative punishment will be imposed; Involving citizens' life, health and safety, financial security and harmful consequences, the above period is extended to five years. Except as otherwise provided by law. The time limit specified in the preceding paragraph shall be counted from the date when the illegal act occurs; If the illegal act has a continuous or continuous state, it shall be counted from the date when the act ends.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Crime of illegal detention in Article 238 of the Criminal Law
Whoever illegally detains others or illegally deprives others of their personal freedom by other means shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights. Those who are beaten or insulted shall be given a heavier punishment. Whoever commits the crime mentioned in the preceding paragraph and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death shall be sentenced to fixed-term imprisonment of not less than ten years. Whoever uses violence to cause disability or death shall be convicted and punished in accordance with the provisions of Articles 234 and 232 of this Law. Whoever illegally detains another person or detains another person in order to claim debts shall be punished in accordance with the provisions of the preceding two paragraphs. Any functionary of a state organ who commits the crimes mentioned in the preceding three paragraphs by taking advantage of his power shall be given a heavier punishment in accordance with the provisions of the preceding three paragraphs.