My friend was sued by his company for forging the official company seal and was criminally detained by the public security organ. His company has now dropped the lawsuit because there was no huge amo

My friend was sued by his company for forging the official company seal and was criminally detained by the public security organ. His company has now dropped the lawsuit because there was no huge amount involved. First of all, this case is obviously a public prosecution case.

In the beginning, the company can only be regarded as a whistleblower, because in cases involving conviction and sentencing according to the criminal law, only the public security organs or procuratorial organs (under special circumstances) can serve as prosecutors; this is different from civil litigation. Civil proceedings are left unattended, while criminal proceedings are entirely in the hands of the national judiciary. Therefore, even if the company wants to forgive him, the judicial authorities must act in accordance with the law.

Secondly, regarding the period of detention, according to the provisions of the Criminal Procedure Law, if the public security organ believes that a detained person needs to be arrested, it should submit it to the People's Procuratorate for review and approval within three days of detention. Under special circumstances, the approval time may be extended by one to four days. That is to say, under normal circumstances, the period of detention is 7 days. For major suspects who commit crimes on the fly, commit crimes multiple times, or conspire to commit crimes, the time for review and approval can be extended to 30 days. That is, under special circumstances (e.g. fugitive offenders, recidivists, gang crimes), the maximum period of detention shall not exceed 37 days.

Your friend’s condition can only last for seven days at most, which shows that the public security organs are violating the law on this point. Accordingly, your friend can apply for administrative reconsideration to the higher-level public security organ, or of course, file an administrative lawsuit in court. But I personally think it is better to take the road ahead, as going to the court will be a waste of time. However, it should be noted that this reconsideration is time limited. If you have been detained for a long time, you must submit a review within 15 days after your release. Otherwise, it will not be accepted if it is overdue. Of course, his close relatives can now also file for administrative reconsideration, including his spouse, parents, brothers and sisters.

Finally, regarding the court’s decision. Start by looking at your friend's bad behavior. If the criminal law standards are not met, the public security organs cannot prosecute and may decide not to prosecute, but administrative penalties (fines, detention) are unavoidable. If administrative detention is imposed, the maximum limit is fifteen days, but the previous detention period can be offset against these fifteen days. In other words, since your friend has been detained for 30 days, he can be released immediately.

If it meets the standards of the criminal law, the maximum statutory penalty is three years, and the minimum penalty is surveillance (more than three months and less than two years). What are the standards of criminal law? I haven't found it yet. This may depend on the discretion of the court. With luck, the court may decide that it does not constitute a crime, but administrative detention is inevitable. Anyway, your friend's behavior is illegal, so either the court will convict you in accordance with the criminal law; or the public security organs will punish you in accordance with the Public Security Management Punishment Regulations.

In addition, if there is simply insufficient evidence, the public security organs may decide not to prosecute due to insufficient evidence. The legal consequence is immediate release.

In any case, the public security organs are violating the law in this case. I suggest you ask your friends to actively safeguard your legal rights and not to be detained for so long without any reason. Know how to fight for your rights.