On January 31, Xu Wen** issued a briefing. Hebei Baoding Jiasai insulted the owner of the Mercedes-Benz who smashed the car, and was administratively detained for 10 days in accordance with the law and fined 500 yuan.
Netizens praised Xu Wen's public security efficiency. The Mercedes man finally got the punishment he deserved.
Some netizens also said that this sentence is too light, and it should be at least 15 days, let him spend the New Year inside.
Let's start with the current legal provisions.
According to the regulations, the period of administrative detention is calculated, and the day of entering the detention center is not counted, and the second day of execution is one day. For example, if you enter the detention center on the morning of July 1, the morning of July 2 is the first day, and the morning of July 11 will be the 10th day.
At the same time, if the person concerned has measures restricting his or her personal liberty before the formal punishment is issued, the date of detention may be deducted.
According to the report, the incident occurred at 3 p.m. on January 29, and the two cars left on their own, which should have arrived in Hainan. That night, the incident began to be on the hot search, and by the next morning, it was out of control. Xu Wen** started the investigation around noon on the 30th at the earliest, but it was not necessarily immediately summoned to Xu Wen at this time.
On the 30th, ** copied the surveillance video.
At around 10 a.m. on January 31, the owner of the smashed car released **Come to mediation**, and also said that it was "difficult". Although it is not possible to prove whether the mediation was on the afternoon of the 30th or the morning of the 31st. However, it shows that, at least at this time, the two sides are still negotiating, the result has not yet been determined, and the administrative penalty has not been imposed. Otherwise, the smashed car owner will not send this **, it is meaningless.
And it is inferred from the working hours that it should be to Hainan on the morning of the 31st, which is more reasonable.
The time for administrative punishment is set, and it depends on the time when the Mercedes-Benz man enters the detention center or is physically controlled. This is specific in the following cases:
1: If the Mercedes-Benz man goes to the detention center on the afternoon of January 30, although the administrative punishment decision has not yet been issued at this time, if his personal freedom is controlled, the detention time can be deducted, and the period will expire on the afternoon of the 9th (Chinese New Year's Eve).
2: If the Mercedes-Benz man arrives at the detention center on the morning of January 31, although the administrative punishment decision has not yet been issued at this time, if he is controlled in his personal freedom, the detention time can also be deducted, and the period will expire on the morning of the 10th (the first day of the new year).
3: If the Mercedes-Benz man arrives at the detention center on the afternoon of January 31 and a decision has been made at this time, then the period will expire on the afternoon of the 10th (the first day of the new year).
As mentioned earlier, it is unlikely that the Mercedes-Benz man will go to Hainan on the 30th, and he was investigating at that time, even if it is because it is being investigated or mediated, it is difficult to implement measures to control his personal freedom, that is, others have arrived, but they cannot deduct the detention time.
It is understood that there is no provision for early release from administrative detention at present, unless there are very special circumstances, such as illness, but the physical fitness of the Mercedes-Benz man should not.
In addition, the detention center does not have a holiday during the Spring Festival. During the Spring Festival, there is a high incidence of public security incidents, and all kinds of drinking and fighting, social security is particularly important, and it is impossible for detention centers to have holidays. There will always be someone on duty, and you don't have to worry about putting people away early because of the holiday.