1. What do you mean by being detained for 30 days?
Being arrested after 30 days of criminal detention means:
(a) t
1. What do you mean by being detained for 30 days?
Being arrested after 30 days of criminal detention means:
(a) there is evidence to prove that there is a criminal fact;
(two) may be sentenced to more than fixed-term imprisonment;
(3) It is not enough to take measures such as obtaining a guarantor pending trial and monitoring residence to prevent social danger, but it is necessary to arrest.
2. What are the applicable conditions of criminal detention?
The public security organ may detain a flagrante delicto or a major suspect under any of the following circumstances:
(1) Being prepared to commit a crime, committing a crime or being discovered immediately after committing a crime;
(2) The victim or a witness on the spot identifies him as a criminal;
(3) criminal evidence is found around him or at his residence;
(four) attempted suicide, escape or escape after committing a crime;
(5) It is possible to destroy or forge evidence or collude with others;
(six) do not speak the real name and address, the identity is unknown;
(7) Being seriously suspected of committing crimes on the run, committing crimes for many times or committing crimes in association.
3. What materials do lawyers need to prepare when meeting with criminal suspects after being arrested?
What procedures are required for lawyers to meet criminal suspects in detention centers?
1, power of attorney;
2. Official letter from the law firm;
3. Special letter of introduction for lawyers to meet with criminal suspects and defendants;
4. A copy of the client's ID card;
5. Lawyer's practice certificate. Handle the meeting notice with the above materials, and submit the meeting notice and letter of introduction to the detention center for meeting.
4. What is the difference between criminal detention and administrative detention?
1, with different properties.
Criminal detention is a safeguard measure in criminal proceedings and a litigation act. 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.
Taking criminal detention in accordance with the provisions of the Criminal Procedure Law; Administrative detention shall be taken according to the Administrative Punishment Law, the Public Security Administration Punishment Law and other administrative regulations.
3. Different applicable objects
Criminal detention is applicable to flagrante delicto or major criminal suspect 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 periods of detention
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.
In fact, it is impossible for the public security department to detain a criminal suspect without any evidence. Every criminal compulsory measure taken by the case-handling department has strict applicable conditions. If the suspect has been detained, the next step after criminal detention is to request arrest. In the arrest decision, the legal basis for approving the arrest will be clearly marked.