Detention centers deal with administrative cases, while detention centers deal with criminal cases, with different degrees and natures. Generally speaking, the nature of entering the detention center is relatively light, and most of them are civil cases. After fine education or fifteen days' detention, they can go home and enjoy the right to meet their families normally. They will not leave criminal records, but only record illegal acts, that is, they will not "harm three generations" and implicate future generations.
The nature of the detention center is serious. The detained suspects are basically quasi-suspects. If they are not tried after being arrested, or if they are not executed after trial and are not assigned to any prison, they will be detained in the detention center first. Once in the detention center, unless the court is acquitted, once convicted, it will leave a criminal record and the family will be implicated. If their children join the civil service and join the army, the political review will be corresponding.
The prisoners in the prison are convicted prisoners, and they need to undergo labor reform and spiritual reform before they can be released from prison. However, if they behave well, they may be released early. If the crime is serious, they may go to prison or even be sentenced to death.
1, detention center usually lasts at most 15 days.
People who are locked up in detention centers are generally guys who make big mistakes and small mistakes. Their behavior belongs to administrative punishment, which is not enough to constitute a crime.
Guys who can enter the detention center are generally the most severe administrative punishment given by the police for violating the Law on Public Security Administration Punishment. The longest period of administrative detention is 15 days, after which they will be released.
Simple, crisp and clear is equivalent to letting you taste behind bars and reflect on what you have done.
Most people in the detention center are doing big things.
Those who can enter the detention center are all capable people!
Detention centers are places where criminals and suspected criminals are held. Mainly in the stages of investigation, pre-trial, prosecution and trial. Some criminals who have been sentenced to fixed-term imprisonment of less than two years and are inconvenient to be sent to prison can also be supervised by detention centers.
Of course, the big wet people locked up here can't eat and drink for nothing. Anyone who can work must take part in productive labor.
Establishment of detention center: it is a detention place established according to the existing laws, regulations, rules and relevant provisions of China, and is managed by the public security department in a unified way. The detention center was established according to the Regulations on Administrative Penalties for Public Security passed by the National People's Congress Standing Committee (NPCSC).
Nature of detention center: it is mainly established to ensure the implementation of public security management laws and regulations. It is a place to detain and punish people who violate the laws and regulations on public security management. They are mainly detained and punished for violating the Law on Public Security Administration Punishment, and other laws such as the Fire Protection Law, the Regulations on Computer Network Management, the Anti-drug Law and the General Principles of Civil Law. In addition, people who have been subjected to compulsory measures in violation of the Civil Procedure Law and the Administrative Procedure Law are also held in detention centers.
Detainees in detention centers: There are two main types of detainees in detention centers: one is administrative detainees, which refers to those who violate the Public Security Management Punishment Law of People's Republic of China (PRC) and other public security management regulations. The longest period of public security detention is 15 days. The time limit for combined execution of detention shall not exceed twenty days. Expiration also means the end of punishment, that is, release. The decision on punishment shall be made by the public security organ. The second category is the object of judicial detention: judicial detention is divided into two situations, one is compulsory measures, which refers to the process of civil and administrative litigation or court enforcement.
The detention decision made directly by the people's court against those who commit perjury, attack the court, prevent witnesses from testifying, conceal or transfer the seized or detained property, prevent court staff from performing official duties, evade execution, etc., is a judicial compulsory measure. The longest period is fifteen days, and the court will hand over the detainee to the public security organ for custody. During the detention, the court will decide to explain in advance or release at maturity. There is another kind of punishment in judicial custody: Article 134 of the General Principles of the Civil Law stipulates that when trying civil cases, the people's courts may admonish them, order them to make a statement of repentance, confiscate the property and illegal income of illegal activities, and may impose fines and detention according to law.
Temporary detention center
The task of the detention center: according to national laws, criminal suspects in custody are guarded by armed guards to ensure safety; Educating criminal suspects; Manage the life hygiene of criminal suspects; Ensure the smooth progress of investigation, prosecution and trial.
Criminals who have not been sentenced to fixed-term imprisonment for a long time (within one year, practices vary from place to place) or criminals who are inconvenient to be sent to reform-through-labour institutions for execution are also supervised by detention centers.
Nature of detention center: generally speaking, it is mainly a place set up to ensure the implementation of the national criminal law and take compulsory measures against those who violate the criminal law (there are other criminal compulsory measures such as bail pending trial and residential surveillance). ).
Sources of detention objects in detention centers: there are four main types of detention objects in detention centers: one is people arrested by people's courts to prevent criminal suspects from evading trial and endangering society; The second category is people arrested by the people's procuratorate, in order to prevent criminal suspects from evading investigation and trial and endangering society; The third category is people detained by public security organs. These people are the most, and they have serious criminal suspects. Detention is to prevent them from evading investigation and endangering society; The fourth category is people detained by state security organs.
Fourth, what is the difference between detention center and detention?
First, the nature of crimes committed by detainees in detention centers is different. The detention center holds people who violate the law seriously; The detention center holds people suspected of committing crimes. However, there are exceptions, such as the above-mentioned persons detained in the detention center and taken compulsory measures by judicial custody. In some places, detention centers, reeducation-through-labor centers and drug rehabilitation centers are combined into one, which is also a compulsory measure for drug addicts in detention.
Second, the legal status of punishment for detainees is different. The detention center holds people who have been punished for serious violations of the law; The detention center takes compulsory measures against people suspected of committing crimes. However, there are exceptions. For example, if a prisoner detained in a detention center has not been transferred to a reform-through-labour institution after a judgment by a people's court, the remaining sentence is not long, and the execution is pending, it is not appropriate to transfer him to a reform-through-labour institution.
Third, the detention time is different. The detention time in the detention center is generally less than 15 days, and a small amount is less than 20 days. When it expires, it will be released, which also means the end of punishment; The date of the suspect's detention in the detention center is uncertain, ranging from three days to several months. Even if he is released, it does not mean the end of criminal punishment. However, there are exceptions. For example, the release of a person who has not served a long sentence in a detention center also means the end of criminal punishment. After the execution of the death penalty, it also means the completion of criminal punishment.
Fourth, the management methods are different. The public security organ is responsible for the management and education of detainees in the detention center; The inside of the detention center is managed by the public security organs, and the outside is guarded by the armed police, who is the escort. Moreover, although personal freedom is restricted, relatively speaking, the internal management of the detention center is more strict, and there are almost uniform norms from hairstyle, clothing to words and deeds.