What is the difference between criminal detention and administrative detention?
1, with different properties. Criminal detention is a safeguard measure and a litigation behavior in criminal proceedings. Its purpose is to ensure the smooth progress of criminal proceedings, and it is not punitive in itself. Administrative detention is a punishment for public security management, and it is essentially an administrative punishment. Its purpose is to punish and educate people who commit ordinary illegal acts.
2. The legal basis is different. Criminal detention shall be taken according to the provisions of the Criminal Procedure Law of People's Republic of China (PRC), and administrative detention shall be taken according to the Administrative Punishment Law of the People's Republic of China, the Law of People's Republic of China (PRC) on Public Security Administration Punishment and other administrative regulations.
3. The applicable objects are different. Criminal detention is applicable to flagrante delicto or major suspect suspected of committing a crime in criminal cases. Administrative detention is applicable to people who have ordinary illegal acts. There is a boundary between crime and non-crime;
4. Different detention periods. The longest period of criminal detention for ordinary active criminals and major suspects is 14 days, and the longest period of detention for major suspects who commit crimes on the run, commit crimes for many times, and commit crimes in collusion is 37 days. The maximum period of administrative detention is 20 days.
Legal basis: Article 10 of the Regulations of People's Republic of China (PRC) Detention Center.
When a detention center takes a detainee into custody, it shall inform the detainee of the rights he enjoys according to law and the regulations he shall abide by. After the detention center receives the detainee, the detention decision organ shall promptly notify the detainee's family.