1. Can I see an administrative detention lawyer?
Yes, according to Article 52 of the Measures for the Implementation of Detention Center Regulations, you should hold valid identity documents when meeting with detainees. When the lawyer entrusted by the detainee meets with the detainee, he shall also hold a lawyer's practice certificate, a certificate of law firm, a power of attorney or a letter of legal aid. The police of the detention center shall examine the relevant certificates and vouchers of the meeting personnel, fill in the registration form of meeting the detainees, and make arrangements in time.
Meeting with detainees shall be conducted at the time and place specified by the detention center, and the regulations on meeting with detainees shall be observed. Generally, the number of meetings with detainees is not more than two, and the number of people meeting each time is not more than three, and the meeting time is not more than 30 minutes. If there are special circumstances that require a meeting on a non-meeting day or increase the number, number and time of meetings, it must be approved by the leaders of the detention center. Lawyers entrusted by detainees are not limited by the number and time, but should be held during normal working hours. In violation of the regulations on meeting management, the detention center may give a warning or order it to stop the meeting. After the meeting, the detention center shall send the detainees back to the detention room after physical examination. Upon the application of detainees or their relatives and friends, conditional detention centers can arrange remote video interviews for detainees.
2. What is the difference between administrative detention and criminal detention?
1, the legal nature is different: criminal detention is a compulsory measure to ensure the smooth progress of criminal proceedings, and it is not punitive in itself; Judicial custody takes punitive measures against those who obstruct civil proceedings; Administrative detention is a punishment for those who violate the law on public security administration punishment.
2. Different objects of application: criminal detention of flagrante delicto or main suspect; Judicial detention has hindered civil litigation, including both participants in civil litigation and outsiders; Administrative detention violates the Law on Public Security Administration Punishment and does not constitute a crime.
3, the legal basis is different: criminal detention "Criminal Procedure Law"; Judicial custody Civil Procedure Law; Public security administration punishment law, administrative punishment law and other administrative regulations.
4. The purpose of application is different: criminal detention is to prevent criminal suspects from escaping, committing suicide or continuing to endanger society and ensure the smooth progress of criminal proceedings; Judicial detention ensures the smooth progress of civil litigation; Administrative detention is a punishment for ordinary administrative criminals.
5. Different applicable organs: criminal detention is decided by public security organs and people's procuratorates, and executed by public security organs; The people's court of judicial detention decided that it should be executed by the judicial police and handed over to the relevant places of public security organs for custody; Administrative detention by public security organs
6. Different detention periods: criminal detention is generally 14 days, and the longest detention period is 37 days for major suspects who commit crimes at large, repeatedly commit crimes, and commit crimes in partnership; Judicial custody 15 days; Administrative detention 15 days, with a fine not exceeding 20 days.
7. Legal consequences: 1 day criminal detention can be reduced to 1 day; Judicial detention is a punishment for those who hinder litigation, which has nothing to do with the judgment and can be lifted in advance; Administrative detention is a punishment for those who violate the law on public security administration punishment.
Administrative detention is a compulsory measure taken by judicial organs against criminal suspects. In judicial practice, it should be handled in strict accordance with the procedures of judicial trial. During this period, related civil activities can be carried out, but they need to be handled through lawyers. The specific situation can be determined by consulting the judicial organs.