It is necessary to determine whether to bear criminal responsibility according to the actual situation. If the circumstances are not serious and there is little possibility of being sentenced, public security detention generally does not exceed 15 days. You can contact me to provide you with legal help.
Lawyer Ding Sheng of Zongheng Law Network
Drunk fights and detention for a few days
Detention shall not exceed fifteen days. Related knowledge: Article 90 of the Law of the People's Republic of China on Road Traffic Safety, if a motor vehicle driver violates the provisions of laws and regulations on road traffic safety, he shall be given a warning or fined from 20 yuan to 200 yuan. If there are other provisions in this law, it shall be punished in accordance with its provisions. Article 95 If a motor vehicle running on the road does not carry a motor vehicle number plate, inspection mark or insurance mark, or does not carry a driving license or driver's license with it, the traffic control department of the public security organ shall detain the motor vehicle, notify the parties concerned to provide the corresponding number plate or mark or go through the corresponding formalities, and may impose penalties in accordance with the provisions of Article 90 of this Law. If the party concerned provides the corresponding number plate, logo or goes through the corresponding formalities, it shall return the motor vehicle in time.
How many days does it take to be detained in a detention center for a drunken fight?
Hello, how is the other person's injury? If it is public security detention, the public security department will notify the detention for several days.
Drunk and disorderly, and beat the police, and now he is detained. How many days will he be detained?
Those who violate the regulations on public security administration shall be detained for more than five days and less than ten days.
If the circumstances are bad, criminal responsibility will be investigated and sentenced. I found the relevant laws to show you.
Article 35 of the People's Police Law of the People's Republic of China
Whoever refuses or obstructs the people's police from performing their duties according to law and commits one of the following acts shall be given administrative penalties for public security:
(a) openly insulting the people's police who are performing their duties;
(2) obstructing the investigation and evidence collection by the people's police;
(3) refusing or obstructing the people's police from entering the relevant residence or place in pursuit, search, rescue and other tasks;
(four) deliberately set up obstacles for police cars to perform emergency tasks such as emergency rescue, rescue, pursuit and security.
(five) other acts of refusing or obstructing the people's police from performing their duties.
Whoever commits the acts listed in the preceding paragraph by violence or threat, which constitutes a crime, shall be investigated for criminal responsibility according to law.
2. Paragraph 1 and Paragraph 4 of Article 277 of the Criminal Law of People's Republic of China (PRC)
Whoever obstructs state functionaries from performing their duties according to law by violence or threats shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a fine. Whoever intentionally obstructs a state security organ or a public security organ from performing the tasks of state security according to law without resorting to violence or threats and causing serious consequences shall be punished in accordance with the provisions of the first paragraph.
Article 293 Whoever commits one of the following acts of provoking troubles and disrupting social order shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance:
(a) beating others at will, and the circumstances are bad;
(two) chasing, intercepting, insulting or intimidating others, and the circumstances are bad;
(three) extortion or arbitrary damage, occupation of public or private property, if the circumstances are serious;
(four) together in a public place. Causing serious disorder in public places.
Whoever gathers people for many times to commit the acts mentioned in the preceding paragraph and seriously undermines social order shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and may also be fined.
Three. Article 50 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment (implemented on March 1 2006)
One of the following acts, a warning or a fine of two hundred yuan; If the circumstances are serious, they shall be detained for more than five days and less than ten days, and may be fined up to five hundred yuan:
(1) refusing to carry out decisions and orders issued by the people in a state of emergency;
(two) hinder the staff of state organs to perform their duties according to law;
(3) obstructing the passage of fire engines, ambulances, engineering rescue vehicles, police cars and other vehicles performing emergency tasks;
(four) forcibly broke into the warning tape and the warning zone set up by the public security organs. Whoever obstructs the people's police from performing their duties according to law shall be given a heavier punishment.
My brother got into a drunken fight. He was photographed by the camera and detained by the police station. He didn't come out for a few days.
The bond for obtaining a guarantor pending trial refers to that when the public security organ decides to obtain a guarantor pending trial, it orders the criminal suspect to pay a certain amount of cash in accordance with the provisions of Article 66 of the Criminal Procedure Law of People's Republic of China (PRC) to ensure that he does not hinder or evade criminal proceedings.
Will you be detained for hitting someone after drinking?
Lawyer professional answer:
You will be detained, and if the circumstances are serious, you will be criminally responsible. If it is not serious, it will be forced to wake up.
Can I be released on bail pending trial after being detained for 5 days for drunkenness and assault?
According to the actual situation, there is no bail pending trial system in China, but there is a similar bail pending trial system. In criminal proceedings, only those who meet the conditions of bail pending trial can apply for bail pending trial; In addition, if it is administrative detention and there is no bail pending trial, you cannot apply for bail pending trial.
Relevant laws and regulations: People's Republic of China (PRC) Criminal Procedure Law.
Article 65 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.
How long has the child been detained by the police station for drinking and fighting?
Administrative punishment has a public security punishment file, which will not be eliminated, but it will not have much impact. Don't worry too much.
"Measures for the administration of public security business files" sixteenth public security punishment files.
All documents and materials formed in the process of public security management punishment shall establish public security punishment files. Public security punishment files are divided into public security detention files and other punishment files.
The public security detention volume mainly stores:
1. detainee registration form;
2. Approval form;
3. Proof of summons (receipt);
4. interrogation records,
5. Investigation and evidence materials;
6. Check the replacement materials;
7. Reward; Letter of guarantee;
8. Confiscation of property receipts, fine receipts and deposit receipts;
9. Notice of release;
10. Complaints and reconsideration materials, etc.
After the execution of the ruling, the archives of public security detention shall be sorted and filed by the business department of the ruling organ and handed over to the archives department of this organ for filing.
In principle, other penalty volumes should be filed separately for penalty categories, kept by the organizer for a period of time, and registered after approval by the leaders. Important files can also be handed over to the archives department of this organ for filing.
He was detained for several days for drinking and fighting in Minhang, Shanghai.
Criminal detention is generally 14 days, and the longest detention period is 37 days for major suspects who commit crimes on the run, repeatedly commit crimes or commit crimes in partnership; Judicial custody 15 days; Administrative detention 15 days, combined punishment shall not exceed 20 days.
If the client 16 years old is sentenced to administrative detention, he will leave a criminal record in the local public security organ. If he is sentenced to administrative detention again for violating the regulations on administrative penalties for public security within five years, the punishment will be aggravated.
The case records of administrative detention are kept in the public security organs for a long time and can be inquired, which may adversely affect the political examination of the parties who apply for civil servants and employees of special departments.
Those who fight after drinking, insult the police and stamp their feet will be detained for several days. Will they be sentenced?
Q:
Those who fight after drinking, insult the police and stamp their feet will be detained for several days. Will they be sentenced?
A:
Fighting after drinking, insulting the police and stomping the police's feet can be big or small, but from the practical point of view, it is generally not sentenced.
You must sincerely apologize to the police uncle and extend your deep condolences.
Deep, understand! ! !