The "Administrative Punishment Law" clearly stipulates that if the illegal act is not discovered within two years, no administrative punishment will be given. If it involves the life, health and safety of citizens and the safety of funds and causes harmful consequences, the above period will be extended to five years; Except as otherwise provided by law.
The difference between administrative detention and custody
The differences between administrative detention and custody are as follows:
1, the legal nature is different: criminal detention is a compulsory measure to ensure the smooth progress of criminal proceedings, and it is not punitive in itself; Administrative detention is a punishment for those who violate the law on public security administration punishment. Judicial custody takes punitive measures against those who obstruct civil proceedings;
2. Different objects of application: criminal detention of flagrante delicto or main suspect; Judicial detention has hindered civil litigation, including both participants in civil litigation and outsiders; Administrative detention violates the punishment of public security management and does not constitute a crime;
3. Different legal basis: Criminal detention "People's Republic of China (PRC) Criminal Procedure Law"; People's Republic of China (PRC) Civil Procedure Law; People's Republic of China (PRC) Public Security Administration Punishment Law, Administrative Punishment Law of the People's Republic of China and other administrative regulations;
4. The purpose of application is different: criminal detention is to prevent criminal suspects from escaping, committing suicide or continuing to endanger society and ensure the smooth progress of criminal proceedings; Judicial detention ensures the smooth progress of civil litigation; Administrative detention punishes ordinary administrative criminals;
5. Different applicable organs: criminal detention is decided by public security organs and people's procuratorates and executed by public security organs; Judicial detention is decided by the people's court, executed by the judicial police, and transferred to the relevant places of public security organs for custody; Administrative detention by public security organs.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 36 of the Administrative Punishment Law of the People's Republic of China shall not be subject to administrative punishment if the illegal act has not been discovered within two years; Involving citizens' life, health and safety, financial security and harmful consequences, the above period is extended to five years. Except as otherwise provided by law. The time limit specified in the preceding paragraph shall be counted from the date when the illegal act occurs; If the illegal act has a continuous or continuous state, it shall be counted from the date when the act ends.