There are three types of detention stipulated in my country's current laws: criminal detention, administrative detention and judicial detention. As a coercive measure to restrict personal freedom, criminal detention is strictly different from the latter two types of detention.
(1) The difference between criminal detention and administrative detention: (1) The applicable objects are different. Criminal detention is a coercive method adopted by the public security organs to temporarily restrict personal freedom due to emergency situations during the investigation process. Administrative detention is applicable to ordinary illegal persons; (2) The legal nature is different. Criminal detention is not punitive, but a temporary safeguard measure, while administrative detention is a punishment; (3) The purposes are different. The purpose of criminal detention is to ensure the smooth progress of criminal proceedings, while administrative detention is to punish and educate people who generally break the law; (4) The detention periods are different. Ordinary criminal detention shall not exceed 14 days, and the detention period for major suspects who are fugitives, multiple offenders, or gang criminals shall not exceed 37 days, and the maximum administrative detention period shall be 15 days.
(2) The difference between criminal detention and judicial detention: (1) The applicable objects are different. As mentioned earlier, criminal detention is only applicable to current offenders and major suspects in criminal cases, while judicial detention is applicable to perpetrators who disrupt the order of civil proceedings; (2) The institutions used are different. Criminal detention is decided by the public security organs and the People's Procuratorate in accordance with the law and executed by the public security organs. Judicial detention is executed by the judicial police of the People's Court and handed over to the custody of the public security organs; (3) The relationship with the judgment results is different. The detention period of criminal detention can be reduced to a sentence, and judicial detention has nothing to do with the sentence; (4) The terminology is different. The period of judicial detention is the same as administrative detention, which is within 15 days.