What are you doing in detention for 15 days?

If detained for 15 days, the detainee shall be educated there. If the detainee is willing to work, the detainee may also be organized to work. The detainee shall be educated on Laws, ethics, culture, current affairs, policies, Regulations, Behavior development, skills training, mental health and other education, and then there are various ways of education. What is the purpose of being detained for 15 days for fighting? Let’s take a look with the editor of the Legal Savior website. I hope to be helpful.

1. What to do in Detention for 15 days

If the detainee is detained for 15 days, the detainee shall be educated. If the detainee is willing to work, the detainee may also be organized to work, and the detainee shall be educated. Detainees are educated on laws, ethics, culture, current affairs, policies, regulations, behavior development, skills training, mental health, etc., and then the methods of education are diverse.

Article 59 of the "Implementation Measures for Detention Center Regulations"

Detention centers should establish an education system to educate detainees on laws, ethics, culture, current affairs, policies, regulations, behavior development, skills training, mental health, etc.

Article 60 stipulates: "The education of detainees may take the form of collective education, classified education, individual education, psychological correction, persuasion from relatives and friends, and social help and education." , personal testimony and other forms. The detention center shall conduct the first interview education within 24 hours of the detainee entering the detention center, and conduct an education interview before the detainee is released from detention. The collective education for the detainees shall be no less than 10 hours per week. "

2. What are the provisions of administrative detention

1. Administrative detention It is the most severe administrative penalty and is usually applied to cases where serious violations of public security management do not constitute a crime and where warnings and fines are not sufficient punishment. Therefore, the law has strict regulations on its establishment and implementation conditions and procedures;

2. The power to adjudicate administrative detention belongs to the public security organs at or above the county level. The Period is generally within 10 days, and in more serious cases, it shall not exceed 15 days;

3. After the administrative detention decision is announced, during the period of application for reconsideration and administrative litigation, if the punished person and his relatives find a guarantor or pay a deposit as required, they may apply to the administrative body to suspend the execution of administrative detention.

3. Will there be a criminal record if detained for 15 days for fighting?

1. Generally not. "15 days of public security detention" is an administrative penalty, not a criminal penalty. There will be no case record, only records in the public security organs.

2. Criminal record: generally refers to a person’s past record of committing crimes or criminal acts. Also known as the criminal record system, in Chinese law it generally refers to the file records of criminal records, and the criminal files are generally stored in the public security department for preservation.

3. The public security agency refers to a person’s past record of breaking the law or criminal behavior. (also called a "criminal record") is an individual's criminal record, maintained in local or up to national records.

4. What is the longest period of criminal detention

The Maximum period of criminal detention is 37 days. According to the provisions of the Criminal Procedure Law, the period of criminal detention is the sum of the time for the public security organ to submit the request to the People's Procuratorate for approval of arrest and the time for the People's Procuratorate to review and approve the arrest, respectively stipulated by law. The maximum period is for 37 days.

Article 91 of the Criminal Procedure Law

Public security organs’ treatment of detained persons If a person is deemed to need to be arrested, he or she shall submit the matter to the People's Procuratorate for review and approval within three days of detention. In special circumstances, the time for submission for review and approval may be extended by one to four days. For major suspects who commit crimes on the run, commit crimes multiple times, or commit crimes in groups, the time for review and approval can be extended to 30 days.

The People's Procuratorate shall make a decision to approve or disapprove the arrest within seven days after receiving the request from the public security organ to approve the arrest. If the People's Procuratorate does not approve the arrest, the public security organ shall release the person immediately after receiving the notice and report the execution statusNotify the People's Procuratorate promptly. For those who need to continue investigation and meet the conditions for release on bail pending trial or residential surveillance, they will be released on bail pending trial or placed under residential surveillance in accordance with the law.

5. What is the difference between criminal detention and administrative detention

1. Different nature

Criminal detention is a protective measure in criminal proceedings and a litigation act. Its purpose is to ensure the smooth progress of criminal proceedings. It is not punitive; administrative detention is a form of punishment in public security management, and is essentially an administrative sanction. Its purpose is to punish and educate people who have committed general violations.

2. Different legal basis

Criminal detention is adopted in accordance with the provisions of the Criminal Procedure Law Administrative detention is adopted in accordance with administrative laws and regulations such as the Administrative Punishment Law and the Public Security Management Punishment Law.

3. Different applicable objects

Criminal detention is applicable to current offenders suspected of committing crimes in criminal cases. Or major suspects. Administrative detention applies to people who commit general violations. There are boundaries between sin and non-sin.

4. Different detention periods

The maximum period of criminal detention for general current offenders and major suspects is The long-term detention period is 14 days, and the maximum detention period for major suspects who commit crimes frequently, commit crimes repeatedly, or commit crimes in groups is 37 days. The maximum period of administrative detention is 15 days.

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