After criminal detention, the family members of the detained person shall be notified within 24 hours after detention. Unless it is impossible to notify or the notification of suspected crimes endangering national security or terrorist activities may hinder the investigation, the family members of the detained person shall be notified within 24 hours after detention. After the circumstances that hinder the investigation disappear, the family members of the detained person shall be notified immediately.
1. What should I do if my family is taken away by the police in a different place?
1. First of all, immediately ask the public security organ whether the detained person is in criminal detention or public security detention. If it is a criminal detention, then you must try to get the detention notice as soon as possible, because the suspected charges will usually be written on it. In any crime, the most important factor affecting sentencing is conviction. The charges are often basically determined, and the scope of sentencing of suspects is also roughly determined. At the same time, according to the starting time of the suspect's detention stated in the detention notice, the time limit for the final approval of arrest can be roughly judged.
2. Second, after criminal detention, you can apply to the detention organ for bail pending trial. Bail pending trial refers to a compulsory measure that the people's court, people's procuratorate and public security organ order the criminal suspect and defendant to pay a deposit or provide a guarantor, and issue a guarantee that they will not evade or hinder the investigation, prosecution and trial during the guarantee period. Objectively speaking, after a criminal suspect is detained, the most important and worthwhile act is to get a bail on his behalf.
3. Finally, if family members can afford it, they should hire a lawyer to intervene in the case as soon as possible. After the criminal suspect is detained, the criminal defense lawyer can go to the detention center to meet the criminal suspect, communicate with the case-handling organ in combination with the meeting, and apply for bail pending trial at an appropriate time. When necessary, he can put forward inspection suggestions to the procuratorate, which can greatly safeguard the legitimate rights and interests of criminal suspects.
Second, the impact of administrative detention in different places?
1, administrative punishment does not leave a criminal record, which generally does not affect political review, that is to say, it has no impact. There are three kinds of detention: criminal detention, administrative detention and judicial custody.
2. Criminal detention is not a punishment. It is a compulsory measure to temporarily restrict the personal freedom of criminal suspects when handling criminal cases, so as to facilitate the handling of cases and prevent criminal suspects from continuing to endanger society. This period varies from 1 to 37 days. At the expiration, the person is either released or changed to arrest or residential surveillance.
3. Administrative detention is an administrative punishment. For example, if you are caught taking drugs or whoring, you will be given administrative detention punishment. The detention time is 1 ~ 15 days. If there are multiple illegal acts at the same time, administrative detention will be imposed, and the combined detention will last for up to 20 days.
4. The final judicial custody is the punishment made by the court. For example, someone seriously interferes with the court hierarchy or hinders the court from executing the judgment. This is also 1 ~ 15 days. If the perpetrator does not correct, he can be punished again.
Now let's talk about the severity of the three.
Criminal punishment is more important than administrative punishment. Administrative sanctions do not leave a criminal record, and generally do not affect political examination. And the criminal punishment has a criminal record. Criminal detention is more important than administrative detention, because it means that a sentence may be imposed. Judicial custody is equivalent to administrative detention.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 25 A criminal case shall be under the jurisdiction of the people's court of the place where the crime was committed. If it is more appropriate to have the case tried by the people's court of the defendant's domicile, it may also be under the jurisdiction of the people's court of the defendant's domicile.
Article 83 When a public security organ carries out detention or arrest in a different place, it shall notify the public security organ in the place where the detained or arrested person is located, and the public security organ in the place where the detained or arrested person is located shall cooperate.