As for the decision to detain, it can usually be decided by the public security organs themselves, because the execution of the detention will be the responsibility of the public security organs. However, under certain circumstances, the procuratorate may also decide whether to detain a criminal suspect.
Under normal circumstances, a detention warrant is required for detention, but in certain circumstances, a detention warrant is not necessarily required, that is, it is too late to approve the production of a detention warrant, and the relevant criminal suspect needs to be detained on the spot.
Under normal circumstances, when it is decided to detain a suspect for a crime, he should be sent directly to the detention center and then interrogated about the relevant crime at the detention center. Of course, if there is no time for interrogation in the detention center due to other matters, you can continue the brief interrogation outside the detention center temporarily, but it must be sent within 24 hours.
Extended data
Criminal detention and administrative detention
1, different in nature
Criminal detention is a safeguard measure in criminal proceedings , is a kind of litigation behavior. Its purpose is to ensure the smooth progress of criminal proceedings and is not punitive in itself. Administrative detention is a form of punishment in public security management and is essentially an administrative sanction. Its purpose is to punish and educate people who commit common offenses.
2. The legal basis is different.
Criminal detention is taken in accordance with the provisions of the Criminal Procedure Law; administrative detention is taken in accordance with the Administrative Penalty Law, the Public Security Management Penalty Law and other administrative regulations.
3. Different applicable objects
Criminal detention applies to current offenders or major criminal suspects in criminal cases. Administrative detention applies to people who commit ordinary violations. There are boundaries between sin and sin.
4. Different detention periods
The maximum period of criminal detention for ordinary current offenders and major suspects is 14 days, and the longest period for major suspects who commit crimes on the run, commit multiple crimes, or collude to commit crimes. The detention period is 37 days. The maximum period of administrative detention is 15 days.
Reference data
Baidu Encyclopedia: Criminal detention