Can criminal detention be prosecuted?

Criminal detention is a criminal judicial act. According to the provisions of China's criminal procedure law, there is no effective remedy. If you think that criminal detention is wrong, you can first ask the public security organ to confirm that criminal detention is illegal, and then apply for state compensation. However, if the public security organ refuses to confirm, it cannot directly apply for compensation, and can only seek a solution by appealing to its superior public security organ and other departments. Legal basis:

Criminal Procedure Law of People's Republic of China (PRC)

Article 82 The public security organ may detain a flagrante delicto or a major suspect in any of the following circumstances:

(1) Those who are preparing to commit a crime, commit a crime or are found immediately after committing a crime;

(2) the victim or a witness on the spot identifies him as a criminal;

(3) criminal evidence is found at his side or residence;

(4) attempted suicide, fled or fled after committing a crime;

(5) It is likely to destroy or forge evidence or collude with others;

(6) Not telling his real name and address, and his identity is unknown;

(7) those who are seriously suspected of committing crimes on the run, committing crimes for many times or committing crimes in collusion.

article 85 when detaining a person, the public security organ must produce a detention permit.

after detention, the detained person shall be immediately sent to the detention center for custody, and shall not exceed 24 hours. Unless it is impossible to notify or the notification of suspected crimes endangering national security or terrorist activities may hinder the investigation, the family members of the detained person shall be notified within 24 hours after detention. After the circumstances that hinder the investigation disappear, the family members of the detained person shall be notified immediately.

article 91 if a public security organ deems it necessary to arrest a detained person, it shall submit it to the people's procuratorate for examination and approval within three days after detention. 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 for many times or commit crimes in collusion, the time for submitting for examination and approval can be extended to 3 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 or residential surveillance shall be granted a guarantor pending trial or residential surveillance according to law.