The general detention period for drunken rioting is:
1, duration of administrative detention
Generally, drinking to make trouble is against the public order and should be punished by the public order. According to the provisions of Article 26 of the Law on Public Security Administration Punishment, the public security punishment for hit-and-run is:
(1) Under normal circumstances, he shall be detained for more than five days and less than ten days, and may be fined up to five hundred yuan;
(2) If the circumstances are serious, they shall be detained for more than 10 and less than 15, and may also be fined less than 1000 yuan.
2. Duration of criminal detention:
The crime of stirring up trouble refers to the act of arbitrarily stirring up trouble, beating or harassing others, or arbitrarily damaging or occupying public or private property, or creating troubles in public places, which seriously undermines social order.
Drinking and making trouble, if the circumstances are bad, is suspected of picking fights and causing trouble, and criminal detention at this time. The specific time limit is:
(1) In general, the longest detention period in criminal proceedings is 14 days;
(2) A major suspect who has committed a crime on the run, repeatedly committed a crime or committed a crime by a gang shall be detained for a maximum of 37 days.
Judicial custody, 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, combined punishment shall not exceed 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.
To sum up, drunken troublemakers are generally detained for more than five days and less than ten days. Those who engage in gang fights, chase and intercept others, extort money, or arbitrarily damage or occupy public or private property, etc., shall be detained for not less than five days but not more than ten days, and may also be fined not more than 500 yuan.
Legal basis:
People's Republic of China (PRC) Public Security Administration Punishment Law
Article 26
Anyone who commits one of the following acts shall be detained for more than five days and less than ten days, and may be fined not more than five hundred yuan;
If the circumstances are serious, he shall be detained for more than 10 and less than 15, and may be fined 1000 yuan:
Gang fighting;
(2) Chasing or intercepting others;
(three) extortion or arbitrary damage, embezzlement of public or private property;
(4) Other provocative acts.