Because of the epidemic, I was detained for a short time.

Because of the epidemic, I was detained for a short time.

Because the epidemic has not been detained for a long time, everyone will often encounter various legal events in their lives. Therefore, law is everywhere in reality, and legal knowledge is very rich. For example, the legal knowledge about detention, so how long will it be invalid because of the epidemic?

The period of suspension of administrative detention due to the epidemic has not expired. So far, most detention centers have suspended their detention because of the epidemic. If it is really necessary to implement administrative punishment and detention, administrative punishment can be implemented first and detention can be suspended until the end of the epidemic. Conditions for suspending the execution of administrative detention:

1. The detainee has applied for administrative reconsideration or brought an administrative lawsuit according to law;

2. It is the detainee who applies for suspension of administrative detention;

3. The public security organs believe that suspending administrative detention of detainees will not cause social danger;

4. Detainees or their close relatives shall provide guarantors that meet the legal conditions according to law, or pay the deposit according to the legal standards.

People's Republic of China (PRC) Public Security Administration Punishment Law

Article 107

If the punished person refuses to accept the decision on administrative detention and applies for administrative reconsideration or brings an administrative lawsuit, he may apply to the public security organ for suspending the execution of administrative detention. If the public security organ thinks that the suspension of administrative detention will not cause social danger, the punished person or his near relatives shall provide a guarantor who meets the conditions stipulated in Article 108 of this Law, or pay a deposit according to the standard of 200 yuan per day for administrative detention, and the punishment decision of administrative detention shall be suspended.

The suspension of administrative detention must meet the following conditions:

1. The party concerned has applied for administrative reconsideration or brought an administrative lawsuit. This is a prerequisite for the punished person to apply for suspension of administrative detention. If the punished person does not apply for administrative reconsideration or bring an administrative lawsuit, he shall not apply for suspension of administrative detention.

2. Suspend the punishment limited to administrative detention, and the punished person has applied. In the case that administrative detention and fine are executed at the same time, the suspension of execution only applies to administrative detention, and the fine must still be executed according to the regulations.

The application for suspension of execution must be made by the punished person himself, and his close relatives and others have no right to make it. The application can be made at the same time as the application for administrative reconsideration or administrative litigation, or during the administrative reconsideration or administrative litigation, but it must be made before the punishment of administrative detention has not been executed or not.

3. The public security organ thinks that the suspension of administrative detention will not cause social danger. This is the key condition for the application of suspension of execution. "Not socially dangerous" here mainly means that the punished person will not evade, interfere with or hinder witnesses to testify, collude with each other, destroy or forge evidence, and will not commit illegal and criminal acts again after being decided to suspend administrative detention.

Public security organs need to comprehensively consider the nature, social harmfulness and consistent performance of the punished person's violation of public security management to judge whether it is socially dangerous. If the public security organ considers that the suspension of administrative detention may cause social danger, it shall not suspend administrative detention.

4. The punished person and his close relatives must provide certain guarantee measures. There are two kinds of guarantee measures stipulated in the Law on Public Security Administration Punishment, namely, providing a guarantor or paying a deposit. The punished person and his close relatives only need to choose one of them. The public security organ shall not require the punished person and his close relatives to provide a guarantor and pay a deposit at the same time.

How long have you been detained for the epidemic? 2. How long has the administrative detention of the epidemic been suspended?

During the epidemic, if administrative detention is suspended, when it will be implemented depends on the actual situation. After suspension, administrative detention will be carried out.

Article 220 A person who has been decided on administrative detention shall be delivered to the detention center for execution by the public security organ that made the decision on administrative detention. For those who resist execution, bundled police equipment can be used.

If a person sentenced to administrative detention is arrested in a different place or there are other circumstances that need to be executed in a different place of detention, it may be executed in a different place with the approval of the competent public security organ in a different place of detention.

Article 222 If a punished person refuses to accept the decision on administrative detention and applies for administrative reconsideration or brings an administrative lawsuit, he may apply to the public security organ that made the decision on administrative detention for suspending the execution of administrative detention; If an oral application is made, the people's police of the public security organ shall put it on record, and the applicant shall sign or print it.

During the execution of administrative detention, if the punished person applies for suspending the execution of administrative detention, the detention center shall immediately transfer the application to the public security organ that made the decision on administrative detention.

Article 230 If the guarantor who suspends the execution of administrative detention is unwilling to continue the guarantee or loses the guarantee conditions during the suspension of administrative detention, the administrative detention decision-making organ shall order the punished person to re-submit the guarantor or pay the deposit. If no guarantor is proposed and the deposit is not paid, the administrative detention decision-making organ shall send the punished person to the detention center for execution.

Second, compensation for illegal administrative detention procedures

If a public security organ illegally detains a person, the person whose rights and interests have been damaged shall claim compensation according to the following steps:

1. The claimant for compensation first applies to the public security organ, or may apply for administrative reconsideration or bring an administrative lawsuit together.

2. The public security organ shall make a decision on whether to compensate within two months from the date of receiving the application. If compensation is decided, a compensation decision shall be made and served on the claimant within ten days from the date of decision. If the public security organ decides not to pay compensation, it will also notify the claimant in writing within ten days from the date of making the decision and explain the reasons for not paying compensation.

3. If the public security organ fails to make a decision on whether to make compensation within the prescribed time limit, the claimant for compensation may bring an administrative lawsuit to the court within three months from the date of expiration of the time limit.

4. If the claimant disagrees with the way, items and amount of compensation, or the public security organ decides not to make compensation, he may bring an administrative lawsuit to the court within three months from the date when the public security organ makes the decision to make compensation or not to make compensation.

5. Administrative compensation litigation shall be handled by the court in accordance with administrative litigation procedures.

How long is the detention due to the epidemic invalid? 3. How long is public security detention invalid?

Violations of public security administration that are not discovered by public security organs within six months shall not be punished. Therefore, the illegal acts of administrative detention will be invalid after more than 6 months.

People's Republic of China (PRC) Public Security Administration Punishment Law

Twenty-second violations of public security management are not discovered by the public security organs within six months, and will not be punished.

The time limit prescribed in the preceding paragraph shall be counted from the date when the violation of public security administration occurs; If there is a continuous or continuous violation of public security management, it shall be counted from the date of the end of the act.

Second, the execution procedures of public security punishment and political detention

The execution procedure of administrative detention punishment includes investigation.

Before the execution of administrative detention punishment, the public security organ shall promptly accept and register cases of reporting, accusing, reporting or violating public security management, as well as cases of violating public security management transferred by other administrative departments and judicial organs.

The execution procedure of administrative detention punishment includes decision.

When carrying out administrative detention, the public security organ shall, after the investigation of public security cases, make the following penalties according to different situations:

1. If there are indeed illegal acts that should be punished for public security administration according to law, the punishment decision shall be made according to the seriousness of the case;

2, no punishment according to law, or illegal facts can not be established, make a decision not to punish;

3, illegal acts have been suspected of a crime, transferred to the competent authorities for criminal responsibility according to law;

4. If the violator of public security administration is found to have other illegal acts, the relevant administrative departments shall be notified to deal with the violation of public security administration while making the punishment and executing the decision.

The execution procedure of administrative detention punishment includes execution.

When the administrative detention penalty is executed, the person who decides to give the administrative detention penalty shall be delivered to the detention center by the public security organ that made the decision.