There are three types of detention: criminal detention, administrative detention, and judicial detention
1. Criminal detention is the most severe form of coercive measures taken against current criminals or major suspects in accordance with the provisions of the Criminal Procedure Law. Criminal detention shall also be decided and enforced by the public security organs in accordance with the law.
2. Administrative detention is a punishment imposed by a statutory administrative organ (generally limited to public security organs) on a person who violates administrative laws and norms in accordance with the law and restricts his personal freedom in a short period of time. Administrative detention, also known as physical punishment in academic terms, is the most severe form of administrative punishment. This decision can only be made and enforced by a public security organ at or above the county level.
3. Judicial detention is a compulsory measure imposed by the people's court to temporarily deprive a person of his or her personal liberty in accordance with the provisions of the relevant procedural law in order to ensure the smooth conduct of the litigation procedure. Judicial detention is decided by the people's court and enforced by the people's court's judicial police.
Article 82In any of the following circumstances, public security organs may detain an active offender or a major suspect in advance: (1) Those who are preparing to commit a crime, committing a crime, or being discovered immediately after committing a crime;(2) The victim or a person who was present and saw it identified him as having committed the crime;(3) Evidence of a crime is found in the vicinity or residence;(4) Attempting suicide, escaping, or being at large after committing a crime;(5) There is a possibility of destroying or fabricating evidence or colluding confessions;(6) Not telling their real name or address, and their identity is unclear;(7) There is a major suspicion of committing a crime on the go, committing a crime multiple times, or committing a crime in a group.
Article 83: Detention or arrest in other places
When public security organs carry out detention or arrest in a different location, they shall notify the public security organ for the location of the person being detained or arrested, and the public security organ for the location of the person being detained or arrested shall cooperate.
Relevant provisions of the Public Security Administration Punishment Law of the People's Republic of China
Article 10: The types of public security administrative punishments are divided into:
a) Warning;b) Fines;
3) Administrative detention;
4) Revoke permits issued by public security organs.
Foreigners who violate the administration of public security may be subject to an additional time limit or deportation.
Article 16: Where there are two or more violations of the administration of public security, separate decisions are to be made and enforcement is combined. Where administrative detention punishments are to be combined, the longest is not to exceed 20 days.
Article 110: [Violation of Courtroom Rules]Litigation participants and others shall abide by courtroom rules.
People's courts may admonish those who violate court rules, order them to leave the courtroom, or impose fines or detention.
The people's courts shall pursue criminal responsibility in accordance with law for those who make a disturbance or storm the courtroom, insult, slander, threaten, or assault adjudicators, or seriously disrupt the order of the courtroom;where the circumstances are more minor, they are to be fined or detained.
Article 111:[Obstruction of Justice]Where litigation participants or other persons exhibit any of the following conduct, the people's courts may impose fines or detention on the basis of the severity of the circumstances;where a crime is constituted, criminal responsibility is pursued in accordance with law
1) Fabricating or destroying important evidence, obstructing the people's courts' trial of cases;
2) Using violence, threats, or bribery to prevent witnesses from testifying, or instigating, bribing, or coercing others to give false testimony;
3) Concealing, transferring, selling, or destroying property that has already been sealed or seized, or property that has been inventoried and ordered to be kept, or transferring property that has been frozen;
4) Insulting, slandering, framing, beating, or retaliating against judicial personnel, litigation participants, witnesses, translators, evaluators, inquest personnel, or persons assisting in enforcement;
5) Using violence, threats, or other methods to obstruct judicial personnel from performing their duties;
6) Refusal to perform on a judgment or ruling of a people's court that has already taken legal effect.
People's courts may fine or detain units that exhibit any of the conduct provided for in the preceding paragraph;where a crime is constituted, criminal responsibility is pursued in accordance with law