Detention is a compulsory method for public security organs and people's procuratorates to temporarily deprive criminals or major suspects of their personal freedom in the process of investigation under legal emergencies.
Administrative detention is an important and common administrative punishment. Administrative detention refers to a kind of administrative punishment that legal administrative organs (especially public security organs) restrict personal freedom in a short time for those who violate administrative legal norms according to law. Administrative detention is the most severe administrative punishment, which is usually applied to acts that seriously violate public security management but do not constitute a crime. Warnings and fines are not enough to punish. Therefore, the law has strict regulations on its establishment, implementation conditions and procedures. The decision-making power of administrative detention belongs to the public security organs at or above the county level; The time limit is generally within 10 day, and the heavier one does not exceed 15 day; After the announcement of the administrative detention decision, during the application for reconsideration and administrative litigation, if the punished person and his relatives find a guarantor or pay a deposit in accordance with the regulations, they may apply to the administrative subject for suspending the execution of administrative detention.
Legal basis: According to the definition of the Criminal Procedure Law, citizens have the obligation to assist when public security organs handle cases. According to Article 9, Chapter II of the People's Police Law of the People's Republic of China, in order to maintain public order, the people's police of public security organs may, upon presentation of relevant information, conduct on-the-spot inquiries and physical examinations on persons suspected of committing crimes; After questioning and physical examination. Citizens must cooperate with the police for physical examination, which is their duty. At the same time, if the police confirm that the party is suspected of committing a crime, they can bring it back for investigation. In addition, Article 2 of the Procedures for Handling Criminal Cases by Public Security Organs also restricts the cooperation of citizens.