If you are a lawyer, you should also hold a lawyer's practice certificate, a law firm certificate and a power of attorney or legal aid letter.
What kinds of detention can be divided into?
Detention in China can be divided into three categories, namely, criminal detention, judicial custody detention and administrative detention (public security detention).
1, administrative detention
Refers to the most severe punishment given to the general illegal acts in violation of the Law of People's Republic of China (PRC) on Public Security Administration Punishment, which is a kind of administrative punishment. The longest period of public security detention is 15 days (release at the expiration of the period shall be decided by the public security organ and executed in the administrative detention center; If you are not satisfied with the detention, you may bring an administrative reconsideration or administrative lawsuit). The time limit for combined execution of detention shall not exceed twenty days.
2. Criminal detention
Refers to the temporary compulsory measures taken by public security organs or people's procuratorates against active criminals or major criminal suspects in the investigation of criminal cases. The public security organ shall interrogate the detained person within 24 hours after detention. If the detainee is arrested, he will be tried in accordance with the criminal procedure law. If acquitted after the trial, the arrested person can apply for state compensation. Criminal detention is not a punishment or sanction.
What are the conditions of criminal detention?
1, criminal detention must meet two conditions:
(1) The object of detention is a flagrante delicto or a major suspect. An active criminal refers to a person who is committing a crime, and a major suspect refers to a person who has evidence to prove that he is suspected of a major crime.
(2) There is one of the legal emergencies. Regarding what is an emergency, Article 80 and Article 163 of the Criminal Procedure Law have different provisions on detention by public security organs and detention by people's procuratorates.
2. Article 80 of the Criminal Procedure Law adopts the enumeration method, stipulating that a flagrante delicto or a major suspect under any of the following circumstances shall be punished. The public security organ may detain in advance:
(1) is being prepared to commit a crime, or is found immediately after committing a crime.
(2) The victim or a witness at the scene identified him as a criminal.
(3) criminal evidence is found around or at the residence.
(4) attempted suicide, escaped or escaped after committing a crime.
(5) It is possible to destroy or forge evidence or collude with others.
(6) Don't tell your real name and address, and your identity is unknown.
(seven) suspected of committing crimes, committing crimes many times, and committing crimes in partnership.
legal ground
Fifty-second measures for the implementation of the regulations on detention centers
When meeting with detainees, they should hold valid identity documents. When the lawyer entrusted by the detainee meets with the detainee, he shall also hold a lawyer's practice certificate, a certificate of law firm, a power of attorney or a letter of legal aid. The police of the detention center shall examine the relevant certificates and vouchers of the meeting personnel, fill in the registration form of meeting the detainees, and make arrangements in time.
Meeting with detainees shall be conducted at the time and place specified by the detention center, and the regulations on meeting with detainees shall be observed. Generally, the number of meetings with detainees is not more than two, and the number of people meeting each time is not more than three, and the meeting time is not more than 30 minutes. If there are special circumstances that require a meeting on a non-meeting day or increase the number, number and time of meetings, it must be approved by the leaders of the detention center.
Lawyers entrusted by detainees are not limited by the number and time, but should be held during normal working hours.
In violation of the regulations on meeting management, the detention center may give a warning or order it to stop the meeting.