Legal analysis: Criminal detention is a criminal compulsory measure, which is applicable to the parties who are put on file for criminal purposes. In other words, the premise of criminal detention is to file a criminal case. After the client is detained in criminal detention, it is certain that the client has been put on file and suspected of committing a crime, and the state has initiated criminal prosecution procedures against him. Under the current criminal investigation system and means in China, the probability of being investigated for criminal responsibility or sentenced after being detained in criminal detention is very high. When the public security or procuratorate takes detention measures, it has generally mastered certain evidence materials, and the investigation activities after detention are likely to further turn into arrest and continued investigation.
Legal basis: Article 61 of the Criminal Procedure Law of People's Republic of China (PRC) stipulates that a flagrante delicto or a major suspect under any of the following circumstances shall be punished by enumeration. 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.