Criminal detention must meet two conditions:
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. Regarding what is an emergency, Article 80 and Article 163 of the Criminal Procedure Law have different provisions on detention by public security organs and detention by people's procuratorates.
Legal basis:
Article 163 of the Criminal Procedure Law If a case directly accepted by a people's procuratorate conforms to the provisions of Articles 79 and 80, paragraphs 4 and 5 of this law, and it is necessary to arrest or detain a criminal suspect, the people's procuratorate shall make a decision and the public security organ shall execute it.
Article 79 A criminal suspect or defendant who has evidence to prove that he has committed a crime and may be sentenced to fixed-term imprisonment or more shall be arrested if bail pending trial is insufficient to prevent the following social dangers:
(a) New crimes may be committed;
(two) there is a real danger of endangering national security, public safety or social order;
(three) may destroy or falsify evidence, interfere with the testimony of witnesses or collusion;
(4) It is possible to take revenge on the victim, prosecutor or accuser;
(5) attempting to commit suicide or escape.
If there is evidence to prove that there are criminal facts, it may be sentenced to fixed-term imprisonment of more than 10 years, or if there is evidence to prove that there are criminal facts, it may be sentenced to fixed-term imprisonment of more than 10 years, or if there is intentional crime or the identity is unknown, it shall be arrested.
If the circumstances are serious, a criminal suspect or defendant who has been released on bail pending trial or under residential surveillance may be arrested.
Article 80 The public security organ may detain a flagrante delicto or a major suspect in any of the following circumstances:
(1) Being prepared to commit a crime, committing a crime or being discovered immediately after committing a crime;
(2) The victim or a witness on the spot identifies him as a criminal;
(3) criminal evidence is found around him or at his residence;
(four) attempted suicide, escape or escape after committing a crime;
(5) It is possible to destroy or forge evidence or collude with others;
(six) do not speak the real name and address, the identity is unknown;
(7) Being seriously suspected of committing crimes on the run, committing crimes for many times or committing crimes in association.
What are the conditions of criminal detention?
Criminal Procedure Law of the People's Republic of China
Article 80 The public security organ may detain a flagrante delicto or a major suspect in any of the following circumstances:
(1) Being prepared to commit a crime, committing a crime or being discovered immediately after committing a crime;
(2) The victim or a witness on the spot identifies him as a criminal;
(3) criminal evidence is found around him or at his residence;
(four) attempted suicide, escape or escape after committing a crime;
(5) It is possible to destroy or forge evidence or collude with others;
(six) do not speak the real name and address, the identity is unknown;
(7) Being seriously suspected of committing crimes on the run, committing crimes for many times or committing crimes in association.
Conditions of criminal detention?
Concept and procedure of criminal detention Criminal detention is an emergency measure for public security organs to temporarily restrict personal freedom of criminal suspects who should be arrested according to the provisions of the Criminal Procedure Law.
According to the law, detention is carried out by public security organs. When the case-handling personnel of the public security organ think it is necessary to detain the criminal suspect, they shall fill in the Report on Requesting Detention, indicate the information of the criminal suspect and the reasons for detention, report it to the person in charge of the public security organ for examination and approval, and issue a detention permit; When a criminal suspect is detained by a procuratorial organ, the opinions of the case-handling personnel are put forward, reviewed by the head of the department, decided by the procurator-general, and then delivered to the public security organ for execution.
When the public security organ carries out detention, it shall hold the detention certificate issued by the public security organ at or above the county level, show the detention certificate to the detainee and announce the detention. Ordering the detained person to sign or seal the detention certificate.
If the detainee refuses to sign or seal, it shall be indicated. When necessary, the detainee may use police equipment and weapons according to law.
It is illegal not to show the detention permit, or to detain first and then reissue the detention permit. According to Article 62 of the Criminal Procedure Law, when a public security organ carries out detention in a different place, it shall notify the public security organ where the detainee is located, and the public security organ where the detainee is located shall cooperate.
According to the provisions of Article 64 of the Criminal Procedure Law, after detention, the organ that decides to detain shall notify the detainee's family or his unit within 24 hours, unless it hinders the investigation or cannot notify him. Circumstances that hinder investigation include: other criminal suspects may escape, destroy or falsify evidence after hearing the news; May collude with each other to form an offensive and defensive alliance; Other crimes need to be verified without taking corresponding measures, and so on.
However, after the above situation is eliminated, the family members of the detained person or their units shall be notified immediately. If it is not notified within 24 hours, the reasons shall be indicated on the detention notice.
The circumstances that cannot be notified include: the detainee does not tell his real name and address; Detainees have no family members or work units; Wait a minute. The object of criminal detention is applicable to the object of criminal detention: a flagrante delicto or a major suspect under any of the following circumstances may be detained in advance by the public security organ: (1) Those who are preparing to commit a crime, commit a crime or are found in time after committing a crime; (2) The victim or a witness on the spot identifies him as a criminal; (3) Evidence of a crime is found around or at the residence; (4) attempted suicide, escaped or escaped after committing a crime; (5) It is possible to destroy or forge evidence or collude with others; (6) Failing to tell the true name, address and identity; (seven) suspected of committing crimes, committing crimes many times, and committing crimes in partnership.
Article 69 If a public security organ deems it necessary to arrest a detained person, it shall, within three days after detention, report to the People's Procuratorate for examination and approval. Under special circumstances, the approval time can be extended by one to four days.
For major suspects who commit crimes on the run, commit crimes many times or commit crimes in collusion, the time for submitting for examination and approval may be extended to 30 days. The people's procuratorate shall, within seven days after receiving the approval letter from the public security organ, make a decision on whether to approve or disapprove the arrest.
If the people's procuratorate does not approve the arrest, the public security organ shall immediately release it after receiving the notice and promptly notify the people's procuratorate to execute it. Those who need to continue the investigation and meet the conditions of obtaining a guarantor pending trial and residential surveillance shall be granted a guarantor pending trial or residential surveillance according to law.
Article 75 If a criminal suspect, defendant and his legal representative, close relatives or lawyers and other defenders entrusted by the criminal suspect or defendant take compulsory measures against a people's court, a people's procuratorate or a public security organ beyond the statutory time limit, they have the right to demand that the compulsory measures be lifted. The people's court, the people's procuratorate or the public security organ shall release the criminal suspect or defendant whose compulsory measures have exceeded the statutory time limit, obtain bail pending trial, monitor his residence or change the compulsory measures according to law.
Article 134 If a people's procuratorate deems it necessary to arrest a person detained in a case directly accepted, it shall make a decision within 10 days. Under special circumstances, the time for deciding to arrest may be extended by one to four days.
If there is no need for arrest, it shall be released immediately; Those who need to continue the investigation and meet the conditions of obtaining a guarantor pending trial and residential surveillance shall be granted a guarantor pending trial or residential surveillance according to law. Rules of Criminal Procedure of the People's Procuratorate (revised by the Supreme People's Procuratorate on February 6, 2006 1998+ 16) Article 83 The time limit for the people's procuratorate to detain a criminal suspect is ten days, which may be extended by one to four days under special circumstances.
Article 109 of the Procedures of Public Security Organs for Handling Criminal Cases (1revised on May 4, 1998) If a detained criminal suspect deems it necessary to be arrested after examination, he shall submit it to the People's Procuratorate for examination and approval within three days after detention. Under special circumstances, with the approval of the person in charge of the public security organ at or above the county level, the time for submitting an arrest for examination and approval may be extended by one to four days.
With the approval of the person in charge of the public security organ at or above the county level, the time for reporting for examination and approval can be extended to 30 days for major criminal suspects who have committed crimes on the run, repeatedly committed crimes or colluded with each other. Article 111 If it is necessary to extend the detention period, the case-handling unit shall, within 24 hours before the expiration of the detention period, make a request report on extending the detention period and report it to the person in charge of the public security organ at or above the county level for approval.
Article 112 If a criminal suspect fails to reveal his real name, address and identity and cannot find out his application for approval of arrest within 30 days, with the approval of the person in charge of the public security organ at or above the county level, the period of detention shall be calculated from the date of finding out his identity, but the investigation of his criminal behavior will not stop. In cases where there is evidence to prove criminal facts, you can also apply for approval of arrest according to your self-reported name.
Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on Relevant Issues Concerning the Application of Criminal Compulsory Measures (August 28, 2000) Article 23 If a public security organ deems it necessary to arrest a criminal suspect who has been detained after examination, it shall report to the people's procuratorate at the same level for examination and approval within the statutory time limit. If the criminal suspect does not give his real name and address, and his identity is unknown, the detention period shall be counted from the day when his true identity is ascertained.
Conditions of detention?
Detention in People's Republic of China (PRC) can be divided into three categories: 1. Administrative detention (public security detention): refers to the most severe punishment given to general illegal acts that violate the Law of People's Republic of China (PRC) on Public Security Administration Punishment, and is a kind of administrative punishment.
The longest period of public security detention is 15 days, and will be released upon expiration. It is decided by the public security organ and executed in the administrative detention center. If the detainee refuses to accept it, he may bring an administrative reconsideration or an administrative lawsuit. Judicial custody (Civil Detention): One refers to the detention decision made directly by the people's court in the process of civil and administrative litigation or court execution. It is a compulsory measure, based on the Civil Procedure Law or the Administrative Law.
There is another kind in judicial custody: Article 134 of the General Principles of the Civil Law stipulates that when trying civil cases, the people's courts may admonish the actors who seriously violate civil legal norms and bear civil responsibilities, order them to make a statement of repentance, confiscate the property and illegal income of illegal activities, and may impose fines and detention according to law. It can be seen that the detention stipulated in the General Principles of the Civil Law is a kind of punishment that the people's court imposes short-term restrictions on the personal freedom of the perpetrators who seriously violate civil legal norms in the name of the state.
This is the most severe punishment in civil sanctions. Criminal detention: refers to the temporary compulsory measures taken by public security organs or people's procuratorates against active criminals or major 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 approved for arrest, he will be tried according to the Criminal Procedure Law, and criminal detention is not a punishment or sanction.
If later acquitted, the detainee can apply for state compensation.
Conditions of criminal detention?
I am not a criminal policeman or a legal expert. But I know I've been there. Criminal detention generally means that the case-handling unit thinks that the person may violate the criminal law and has certain criminal facts. The actual operating procedure is:
After filing the case, the case-handling unit will send the suspect to the detention center for custody after reporting to the leaders of the branch or municipal bureau for approval, and must interrogate the suspect again within 3 working days. After that, the case-handling unit shall sort out the materials and report to the arrest department of the procuratorate for arrest within 37 days. The procuratorate will decide whether to arrest according to the case. After the arrest, it is handed over to the case-handling unit for arrest (the suspect signs the arrest book). If there is no arrest within 37 days, the suspect must be released. Then enter the criminal proceedings. The case-handling unit will further interrogate and enrich the materials, and then submit them to the prosecution department of the procuratorate for prosecution. After receiving the case file, the procuratorate will ask the suspect 1-2 times, then sort out the case file and make relevant supplements, and then submit it to the court for litigation. At this stage, if the procuratorate asks the suspect and has doubts about the case, it will return the case to the case-handling unit for supplementary materials. This is called "withdrawal of investigation" and can be allowed twice. After the second supplement, the procuratorate still believes that the case materials are not enough to prosecute and can release the suspect. If the materials are sufficient, they shall be submitted to the court according to law, and the court shall enter the trial procedure after receiving the case file.
Conditions of criminal detention?
Concept and procedure of criminal detention Criminal detention is an emergency measure for public security organs to temporarily restrict personal freedom of criminal suspects who should be arrested according to the provisions of the Criminal Procedure Law.
According to the law, detention is carried out by public security organs. When the case-handling personnel of the public security organ think it is necessary to detain the criminal suspect, they shall fill in the Report on Requesting Detention, indicate the information of the criminal suspect and the reasons for detention, report it to the person in charge of the public security organ for examination and approval, and issue a detention permit; When the procuratorial organ detains a criminal suspect, the case-handling personnel shall put forward their opinions, the department heads shall review them, the procurator-general shall make a decision, and then serve them to the public security organ for execution.
When the public security organ carries out detention, it shall hold the detention certificate issued by the public security organ at or above the county level, show the detention certificate to the detainee and announce the detention. Ordering the detained person to sign or seal the detention certificate.
If the detainee refuses to sign or seal, it shall be indicated. When necessary, the detainee may use police equipment and weapons according to law.
It is illegal not to show the detention permit, or to detain first and then reissue the detention permit. According to Article 62 of the Criminal Procedure Law, when a public security organ carries out detention in a different place, it shall notify the public security organ where the detainee is located, and the public security organ where the detainee is located shall cooperate.
According to the provisions of Article 64 of the Criminal Procedure Law, after detention, the organ that decides to detain shall notify the detainee's family or his unit within 24 hours, unless it hinders the investigation or cannot notify him. Circumstances that hinder investigation include: other criminal suspects may escape, destroy or falsify evidence after hearing the news; May collude with each other to form an offensive and defensive alliance; Other crimes need to be verified without taking corresponding measures, and so on.
However, after the above situation is eliminated, the family members of the detained person or their units shall be notified immediately. If it is not notified within 24 hours, the reasons shall be indicated on the detention notice.
The circumstances that cannot be notified include: the detainee does not tell his real name and address; Detainees have no family members or work units; Wait a minute. The object of criminal detention is applicable to the object of criminal detention: a flagrante delicto or a major suspect under any of the following circumstances may be detained in advance by the public security organ: (1) Those who are preparing to commit a crime, commit a crime or are found in time after committing a crime; (2) The victim or a witness on the spot identifies him as a criminal; (3) Evidence of a crime is found around or at the residence; (4) attempted suicide, escaped or escaped after committing a crime; (5) It is possible to destroy or forge evidence or collude with others; (6) Failing to tell the true name, address and identity; (seven) suspected of committing crimes, committing crimes many times, and committing crimes in partnership.
Article 69 If a public security organ deems it necessary to arrest a detained person, it shall, within three days after detention, report to the People's Procuratorate for examination and approval. Under special circumstances, the approval time can be extended by one to four days.
For major suspects who commit crimes on the run, commit crimes many times or commit crimes in collusion, the time for submitting for examination and approval may be extended to 30 days. The people's procuratorate shall, within seven days after receiving the approval letter from the public security organ, make a decision on whether to approve or disapprove the arrest.
If the people's procuratorate does not approve the arrest, the public security organ shall immediately release it after receiving the notice and promptly notify the people's procuratorate to execute it. Those who need to continue the investigation and meet the conditions of obtaining a guarantor pending trial and residential surveillance shall be granted a guarantor pending trial or residential surveillance according to law.
Article 75 If a criminal suspect, defendant and his legal representative, close relatives or lawyers and other defenders entrusted by the criminal suspect or defendant take compulsory measures against a people's court, a people's procuratorate or a public security organ beyond the statutory time limit, they have the right to demand that the compulsory measures be lifted. The people's court, the people's procuratorate or the public security organ shall release the criminal suspect or defendant whose compulsory measures have exceeded the statutory time limit, obtain bail pending trial, monitor his residence or change the compulsory measures according to law.
Article 134 If a people's procuratorate deems it necessary to arrest a person detained in a case directly accepted, it shall make a decision within 10 days. Under special circumstances, the time for deciding to arrest may be extended by one to four days.
If there is no need for arrest, it shall be released immediately; Those who need to continue the investigation and meet the conditions of obtaining a guarantor pending trial and residential surveillance shall be granted a guarantor pending trial or residential surveillance according to law. Rules of Criminal Procedure of the People's Procuratorate (revised by the Supreme People's Procuratorate on February 6, 2006 1998+ 16) Article 83 The time limit for the people's procuratorate to detain a criminal suspect is ten days, which may be extended by one to four days under special circumstances.
Article 109 of the Procedures of Public Security Organs for Handling Criminal Cases (1revised on May 4, 1998) If a detained criminal suspect deems it necessary to be arrested after examination, he shall submit it to the People's Procuratorate for examination and approval within three days after detention. Under special circumstances, with the approval of the person in charge of the public security organ at or above the county level, the time for submitting an arrest for examination and approval may be extended by one to four days.
With the approval of the person in charge of the public security organ at or above the county level, the time for reporting for examination and approval can be extended to 30 days for major criminal suspects who commit crimes on the run, commit crimes repeatedly or commit crimes in partnership. Article 111 If it is necessary to extend the detention period, the case-handling unit shall, within 24 hours before the expiration of the detention period, make a request report on extending the detention period and report it to the person in charge of the public security organ at or above the county level for approval.
Article 112 If a criminal suspect fails to reveal his real name, address and identity and cannot find out his application for approval of arrest within 30 days, with the approval of the person in charge of the public security organ at or above the county level, the period of detention shall be calculated from the date of finding out his identity, but the investigation of his criminal behavior will not stop. In cases where there is evidence to prove criminal facts, you can also apply for approval of arrest according to your self-reported name.
Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on Relevant Issues Concerning the Application of Criminal Compulsory Measures (August 28, 2000) Article 23 If a public security organ deems it necessary to arrest a criminal suspect who has been detained after examination, it shall report to the people's procuratorate at the same level for examination and approval within the statutory time limit. If the criminal suspect does not give his real name and address, and his identity is unknown, the detention period shall be counted from the day when his true identity is ascertained.
Because there is evidence that.
What are the conditions for the court to execute detention?
Detention means that the people's court, in accordance with the provisions of the Civil Procedure Law, takes civil sanctions to restrict the personal freedom of the executed person who refuses to perform the legally effective judgment or ruling of the people's court. Judicial custody's conditions are:
1. It is necessary to refuse to perform obligations. This is a prerequisite for the administrative organ to make a detention decision. If the detainee does not refuse to perform his obligations, he cannot be detained, which is clearly stipulated in the Civil Procedure Law.
2. Approved by the Dean. As a compulsory measure to restrict personal freedom, judicial custody has major problems in its implementation, which should be discussed by more than three executives and reported to the president of our hospital for approval.
3. Detention in different places shall comply with the regulations. According to the regulations of the Supreme People's Court, the people's court that made the detention decision should send someone to the court where the detainee is located to ask the court for assistance in execution.
4. Inform detainees of their legal rights. According to Article 105 of the Civil Procedure Law, if a detainee refuses to accept it, he may apply to the people's court at the next higher level for reconsideration.