Detention for half a year belongs to criminal detention. There are two kinds of detention: administrative and public security detention for more than 3 days and 15 days. Criminal detention in criminal law is 15 days but less than 6 months. So it's criminal detention. Generally speaking, administrative detention lasts no more than 20 days, so detention for half a year should belong to criminal detention.
The differences between criminal detention and administrative detention are as follows:
1, with different properties. Criminal detention is a safeguard measure in criminal proceedings and a litigation act. Its purpose is to ensure the smooth progress of criminal proceedings, and it is not punitive in itself. Administrative detention is a punishment for public security management, and it is essentially an administrative punishment. Its purpose is to punish and educate people who commit ordinary illegal acts.
2. The legal basis is different. Taking criminal detention in accordance with the provisions of the Criminal Procedure Law; Administrative detention shall be taken according to the Administrative Punishment Law of the People's Republic of China, the Law of People's Republic of China (PRC) on Public Security Administration Punishment and other administrative regulations.
3. The applicable objects are different. Criminal detention is applicable to flagrante delicto or major criminal suspect in criminal cases. Administrative detention is applicable to people who have ordinary illegal acts. There is a boundary between crime and non-crime.
4. Different detention periods. The longest period of criminal detention for ordinary active criminals and major suspects is 14 days, and the longest period of detention for major suspects who commit crimes on the run, commit crimes for many times, and commit crimes in collusion is 37 days. The maximum period of administrative detention is 20 days.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: People's Republic of China (PRC) Public Security Administration Punishment Law.
Sixteenth there are two or more violations of public security management, decided separately, combined execution. Combined with administrative detention, the longest period shall not exceed twenty days.
Criminal law of the people's Republic of China
Article 42 The term of criminal detention is from one month to six months.
Article 45 The term of fixed-term imprisonment shall be not less than six months but not more than fifteen years, except as provided for in Articles 50 and 69 of this Law.
People's Republic of China (PRC) Public Security Administration Punishment Law;
Article 2 Anyone who disturbs public order, endangers public safety, infringes on personal rights and property rights, and hinders social management, which is harmful to society and constitutes a crime in accordance with the provisions of the Criminal Law of People's Republic of China (PRC), shall be investigated for criminal responsibility according to law; If it is not serious enough for criminal punishment, the public security organ shall impose administrative penalties for public security in accordance with this law.