Detention in criminal proceedings is a compulsory method for public security organs and people's procuratorates to temporarily deprive criminals or major suspects of their personal freedom in case of legal emergency during investigation. Criminal detention must meet two conditions at the same time: first, the object of detention is a flagrante delicto or a major suspect. An active criminal refers to a person who is committing a crime, and a major suspect refers to a person who has evidence to prove that he is suspected of a major crime. Second, it has one of the legal emergencies.
Administrative detention is an important and common administrative punishment. 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. Administrative detention is the most severe administrative punishment, which is usually applied to acts that seriously violate public security management but do not constitute a crime. Warnings and fines are not enough to punish. Therefore, the law has strict regulations on its establishment, implementation conditions and procedures. The decision-making power of administrative detention belongs to the public security organs at or above the county level; The time limit is generally within 10 day, and the heavier one is not more than 15 day.
Article 28 "Regulations on Detention Center" Criminals may communicate and meet with their close relatives with the consent of the case-handling organ and the approval of the public security organ during their detention.
Article 26 of the Regulations on Detention Centers guarantees the right of detainees to meet during their detention. Detainees shall abide by the regulations on the meeting management of detention centers.
Meeting with detainees shall be conducted at the meeting area of the detention center within the specified time with valid identity documents.
When the lawyer entrusted by the detainee meets with the detainee, he shall also hold a lawyer's practice certificate, a certificate of law firm, a power of attorney or a letter of legal aid.