I. Classification
Detention is detention, detention. Generally, it can be divided into criminal detention, administrative detention and civil detention. Among them, criminal detention is a compulsory measure in criminal proceedings; Administrative detention belongs to public security administrative punishment; Civil detention is a kind of judicial administrative treatment and a compulsory measure in civil litigation.
2. Can I visit during my detention?
Visits can be made during administrative detention, and criminal suspects are not allowed to meet their families during criminal detention. The specific analysis is as follows:
1. If a judicial organ takes criminal detention measures against a criminal suspect in accordance with the law, it shall notify the family members of the criminal suspect within 24 hours after detention, and shall notify the family members of the detained person within 24 hours after detention, except in cases where it is impossible to notify or the notification of suspected crimes endangering national security or terrorist activities may hinder the investigation;
2. During criminal detention, family members are not allowed to meet with criminal suspects, and can only entrust lawyers as defenders. According to the law of our country, the criminal suspect has the right to entrust a defender from the day when he is interrogated for the first time by the investigation organ or takes compulsory measures, and can only entrust a lawyer as a defender during the investigation. The defendant has the right to entrust a defender at any time. After entrusting a lawyer, the lawyer can meet the criminal suspect as a defender.
Third, can the detention center be released on bail pending trial?
Once in jail, you can't get bail. Because administrative detention belongs to public security management punishment, while bail pending trial belongs to criminal compulsory measures, they belong to different fields. In addition to obtaining bail pending trial, the criminal compulsory measures stipulated by China law include summoning, residential surveillance, detention and arrest.
Fourth, will detention leave a record?
Whether detention will leave a criminal record depends on the situation, as follows:
1, public security detention will definitely not leave a criminal record;
2. Administrative detention will not leave a criminal record, but there will still be illegal records on the public security network;
3. Once you commit criminal detention, you will definitely leave a criminal record;
Criminal detention will definitely leave a criminal record.
legal ground
People's Republic of China (PRC) Public Security Administration Punishment Law
Article 21
If an actor who violates the administration of public security is under any of the following circumstances and should be given administrative detention punishment according to this Law, administrative detention punishment shall not be executed:
(a) has reached the age of fourteen but under the age of sixteen;
(2) Having reached the age of 16 but under the age of 18, violating the administration of public security for the first time;
(three) more than seventy years of age;
(four) pregnant or nursing a baby under one year old.
Criminal Procedure Law of the People's Republic of China
Article 67 The people's courts, people's procuratorates and public security organs may obtain a guarantor pending trial for a criminal suspect or defendant under any of the following circumstances:
(a) may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;
(two) may be sentenced to more than fixed-term imprisonment, bail will not cause social danger;
(3) A woman who is seriously ill, unable to take care of herself, pregnant or breast-feeding her baby is released on bail pending trial, which will not cause social danger;
(four) the detention period expires, the case has not yet been settled, and it is necessary to get a bail pending trial.
Bail pending trial shall be executed by the public security organ.