What is the difference between judicial detention and criminal detention?

Mondo Social Updated on 2024-02-01

That's a big difference. Not only are they different in nature, but they are also different in the places where they are detained, and the consequences of their detention are different.

Let's expand on it, and I'm sure you will take two minutes to read this article, and you will understand it all.

1.The nature of the three types of detention is different and the law is different.

Public security detention is a punishment measure for public security violations, which is imposed by the public security organs in accordance with the Public Security Administration Punishment Law. Of the three, this can be said to be the mildest in nature, and of course the most common. For example, ordinary fights, even if they do not cause any minor injuries or other consequences, can be detained by public security.

Judicial detention is a detention that violates the judicial order of the court and is made by the court in accordance with the provisions of the Civil Procedure Law and other laws. This is a little more special, and relatively less, after all, there are still relatively few people who disrupt the order of the court.

Among them, the most common is the refusal to enforce the obligations determined by the judgment or ruling in the enforcement stage, such as the act of violating the court's regulations and high consumption, such as the refusal to enforce the judgment or ruling, etc.

This is not the case with criminal detention, which is the most severe. Criminal detention is a detention made by the public security organs in accordance with the provisions of the Criminal Procedure Law.

2.The time and place of detention are not the same.

Public security detention is carried out in a detention center, and this period is very short, generally within 15 days, and if there are multiple violations, the combined penalty will not exceed 20 days.

Judicial detention is also held in the detention center of the Public Security Bureau, and the duration of detention does not exceed 15 days. However, if there are many violations of court rules, the punishment will not be combined, but one will be executed first, and the other will be executed after the expiration of this one, which means that it is possible to be detained twice in a row.

Criminal detention is different, it is carried out in detention centers. Under normal circumstances, the duration of criminal detention is generally not more than three days, which can be extended to seven days, while it can be extended to 30 days if there are special factors such as the difficulty and complexity of the case.

Within 30 days, the police must make a decision, either change the coercive measure to release on bail pending further investigation, or request the procuratorate to approve the arrest. The procuratorate must make a decision within seven days, which means that the maximum period of criminal detention is 37 days, and if an arrest is made, then this time is not available.

3.The legal consequences of the three types of detention are not the same.

For public security detention, when the period expires and is released, there is basically nothing to do. After that, it is completely possible to issue a certificate of no criminal record, but it is not possible to issue a certificate of no criminal record.

For judicial detention, even after this release, it is possible to continue judicial detention for 15 days for the same reason, such as refusing to carry out the act of refusing to carry out the act of having the ability, and this detention will not affect the next time; If there is such an act, there is a possibility of further detention.

Criminal detention is the most serious of the three, especially once the arrest is approved, it can be detained for months, a year or two, or even longer, depending on how quickly the criminal case is carried out.

However, even if you are criminally detained, you can still issue a certificate of no criminal record. According to the latest law, as long as there is no final and effective judgment issued by the court, then it is presumed that no one has a criminal record, which is actually a principle of presumption of innocence.

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