If the evidence is insufficient or the circumstances are obviously minor and the suspect does not constitute a criminal penalty, the public security organ shall immediately lift the criminal detention, and may also impose administrative detention depending on the circumstances. The criminal detention may have a criminal record (criminal punishment) or administrative punishment), but if it is not acquitted, it is impossible to leave a criminal record.
The conditions for criminal detention are as follows:
1. Preparing to commit a crime, committing a crime, or being discovered immediately after committing a crime;
2. The victim or witnessing the crime on the scene identified by a person;
3. Found criminal evidence around the person or at his residence;
4. Attempted suicide after committing the crime, or fled or escaped from the crime scene.
The circumstances of criminal detention include:
1. Suspected of committing a crime and possibly evading investigation and trial;
2. Suspected of committing a crime and possibly destroying or fabricating evidence or threatening or bribing witnesses, harassing or retaliating against witnesses, victims, informants, appraisers or other relevant personnel ;
3. Suspected of committing a crime, may continue to commit crimes or endanger public order;
4. Other circumstances requiring criminal detention.
Criminal detention case handling process:
1. If the public security organ considers that the criminal suspect needs to be detained when handling the case, it should fill out the "Report for Detention" and indicate the relevant information about the criminal suspect. The circumstances and reasons for detention shall be reported to the person in charge of the public security organ for review and approval, and a detention certificate shall be issued;
2. When the public security organ exercises the power of detention, it shall present the "Detention Certificate" issued to the detainee by the public security organ at or above the county level. Detention Certificate", show the "Detention Certificate" to the detainee, and announce the detention.
In summary, criminal detention is a severe coercive measure that has a great impact on detainees. Therefore, public security organs must operate in accordance with the law when implementing criminal detention to ensure the legitimate rights and interests of detainees.
Legal basis:
Article 91 of the "Criminal Procedure Law of the People's Republic of China"
Time limit for requesting arrest and reviewing and approving arrest. The public security organ deems arrest necessary If a person is detained, the matter shall be submitted to the People's Procuratorate for review and approval within three days of detention. Under special circumstances, the time limit for submission for review and approval may be extended by 1 to 4 days.
For major suspects who commit crimes on the run, commit crimes multiple times, or commit crimes in groups, the time limit for requesting review and approval for arrest can be extended to 30 days.