/kloc-how to calculate the detention time of 0/5 days?

From the date of detention, the usual detention time is fifteen days. After detention, the family members shall be informed immediately within 24 hours, and the family members may entrust a defender for the criminal suspect. Both the victim and the suspect have the right to defense. And throughout the entire case-handling stage.

The execution time of detention is calculated in days, from the date of detention to the next day as 1 day. He was detained for 15 days, that is, 14 to 28, and his family went to pick him up on the 29th.

Administrative detention refers to a kind of administrative punishment that legal administrative organs (especially public security organs) restrict personal freedom in a short time for those who violate administrative legal norms according to law. Generally, the time limit is within 10 day, the heavier one is less than 15 day, and the combined execution is less than 20 days.

Article 32 of the Regulations on Detention Facilities, the time for detention shall be calculated in days, from the date of detention to the next day, which is 1 day.

Extended data:

Violation of public security administration, failure to execute administrative detention

Regulations of the People's Republic of China on Administrative Penalties for Public Security

Article 21 stipulates: "If a person who violates the administration of public security is under any of the following circumstances and should be punished by administrative detention according to this Law, the punishment of administrative detention shall not be executed:

1, full 14 years old but under 16 years old;

2, has reached the age of sixteen but less than eighteen, the first violation of public security management;

3. More than 70 years old;

4. Pregnant or nursing a baby under one year old. "This article negatively excludes the object of application, that is, administrative detention does not apply to people who meet certain circumstances, in order to reflect humanistic care.

The provisions on the administrative detention system in the Law on Public Security Administration Punishment are the above provisions, and others are aimed at whether administrative detention can be applied to specific violations of the Law on Public Security Administration Punishment.

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.

According to the provisions of Article 80 of the Criminal Procedure Law on detention conditions, the public security organ may detain a flagrante delicto or a major suspect under any of the following circumstances:

Preparing for a crime, committing a crime or being discovered immediately after committing a crime;

The victim or a witness at the scene identified him as a criminal;

Evidence of a crime is found around him or at his residence;

Attempting to commit suicide, escape or escape after committing a crime;

It is possible to destroy, forge evidence or collude with others;

Don't tell your real name and address, and your identity is unknown;

There is a major suspicion of committing crimes on the run, committing crimes many times, and committing crimes in partnership.

Detention can also be divided into pre-detention, which requires certain conditions. Pre-detention requires the suspect to be at large, or self-mutilated, or unknown. Such a criminal suspect can be detained first.

I hope the above content can help you. Please consult a professional lawyer if you have any other questions.

Legal basis: Article 123 of the Procedures for Handling Criminal Cases by Public Security Organs.

Unless it is impossible to notify or the notification of suspected crimes endangering national security or terrorist activities may hinder the investigation, a detention notice shall be made within 24 hours after detention to inform the family members of the detained person. The notice of detention shall specify the reason and place of detention.