(1) Characteristics of detention
1. The agency that decides on the use of detention is usually the public security agency. In self-investigation cases, the People's Procuratorate also has the right to decide to detain criminal suspects who have attempted suicide, escaped or are at large, as well as criminal suspects who destroyed or fabricated evidence or colluded in confessions. The court has the right to decide on judicial detention. Litigation participants or other persons have the right to Anyone who commits any of the following acts may be fined or detained according to the seriousness of the case; if it constitutes a crime, criminal liability shall be pursued in accordance with the law: (1) (1) Forging or destroying important evidence to prevent the People's Court from hearing the case; (2) Using violence , threatening, bribing or other methods to prevent witnesses from testifying or instigating, bribing or coercing others to give false testimony; (3) Concealing, transferring, selling off or damaging property that has been sealed or seized or property that has been counted and ordered to be kept, or transferred and frozen property; (4) imposing fines or detention on judicial staff, litigation participants and witnesses; (5) using violence, threats or other methods to obstruct judicial staff from performing their duties; (6) refusing to perform duties that have been committed by the People's Court A legally binding judgment or ruling. In addition to the above circumstances, if the person storms the court during the hearing, or engages in other behavior that hinders the proceedings, and the circumstances are serious, the court may decide to impose a fine of not more than 1,000 yuan or a detention of not more than 15 days. No matter what kind of detention, the public security officer shall Execution by authorities (regardless of the type of detention, whether decided by the public security organ, the People's Procuratorate or the People's Court). All such detentions are carried out by public security agencies. (2) Criminal detention may only be used in emergency situations. Detention measures can only be taken in emergencies when it is too late to go through the arrest procedures and it is necessary to immediately deprive active criminals or major suspects of their personal freedom. If there is no emergency and the public security organs and people's procuratorates have time to go through the arrest procedures, they cannot detain them first. 3. Criminal detention is a coercive measure that deprives civil liberties. Compared with summons, bail pending trial, and residential surveillance, the characteristic of detention is that it completely deprives citizens of their personal freedom, rather than restricting it. Detention is similar to arrest in terms of deprivation of civil liberties. Both are a type of detention and can therefore only be used when necessary. 4.4. Criminal detention is a temporary measure. The period of detention is short. As the proceedings progress, the detention should be changed in a timely manner, either to arrest, to bail pending trial, to residential surveillance, or to the release of the detainee. 5. The objects of criminal detention are specific. It can only be applied to situations strictly stipulated by law.
(2) Conditions for detention
Criminal detention must meet two conditions at the same time: First, the object of detention is an active criminal or a major suspect. Active criminals refer to people who are committing crimes, and major suspects refer to people who have evidence to prove that they are suspected of major crimes. The second is a statutory emergency. Regarding what constitutes an emergency, Articles 61 and 132 of the Criminal Procedure Law have different provisions on detention by public security organs and detention by the People's Procuratorate. Article 61 of the Criminal Procedure Law adopts a list of methods and stipulates that for current criminals or major suspects, the public security organs may first detain: (1) Persons who are preparing to commit a crime, are committing a crime, or are discovered after committing a crime. (2) The victim or witnesses at the scene identify him or her as having committed the crime. (3) Evidence of a crime is found in his neighborhood or residence. (4) Attempting to commit suicide, running away or being at large after committing a crime. (5) There is a possibility of destroying, fabricating evidence or colluding with confessions. (6) Not telling the real name and address, and the identity is unknown. (7) There is a serious suspicion of committing crimes on the run, committing crimes multiple times, or committing crimes in a gang. In criminal proceedings, in addition to the fact that the public security organs have the right to decide on detention and execution of detention in accordance with the law, according to the provisions of Article 132 of the Criminal Procedure Law; when the People's Procuratorate directly accepts cases, the following two situations will be considered: Suspects and defendants also have the right to decide to detain: (1) those who have attempted suicide after committing a crime, or have escaped or are at large; (2) those who have the possibility of destroying or fabricating evidence or colluding with confessions.
After the People's Procuratorate decides to detain the person, it will be implemented by the public security organ.