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Is it illegal to be detained in a detention center for more than ten days?
Violators of the "Public Security Administration Punishment Law of the People's Republic of China" will be closed and detained. Many violations will result in detention in a detention center for more than ten days. The following is an excerpt from the punishment section of the "Public Security Administration Punishment Law of the People's Republic of China".
Chapter 3 Behaviors and Punishments that Violate Public Security Management
Section 1 Behaviors and Punishments that Disrupt Public Order
Article 23? Anyone who commits any of the following acts shall be given a warning or a fine of not more than 200 yuan; if the circumstances are more serious, he shall be detained for not less than 5 days but not more than 10 days, and may also be fined not more than 500 yuan:
(1) Disturbing the organs, The order of groups, enterprises, and institutions prevents normal work, production, business, medical care, teaching, and scientific research without causing serious losses;
(2) Disrupting stations, ports, docks, airports, and shopping malls , parks, exhibition halls or other public places;
(3) Disturbing the order on buses, trams, trains, ships, aircraft or other public transportation means
(4) Illegally intercepting, forcibly boarding, or boarding motor vehicles, ships, aircraft, and other means of transportation, affecting the normal operation of means of transportation;
(5) Destruction of activities carried out in accordance with the law of the electoral order.
Where a crowd is gathered to commit the acts mentioned in the preceding paragraph, the ringleaders shall be detained for not less than 10 days but not more than 15 days, and may also be fined not more than 1,000 yuan.
Article 24: Anyone who commits any of the following acts and disrupts the order of large-scale mass activities such as culture and sports shall be given a warning or fined not more than 200 yuan; if the circumstances are serious, he shall be fined not less than 5 days but not more than 10 days. Detention may be imposed and a fine of not more than 500 yuan may be imposed:
(1) Forcibly entering the venue;
(2) Violating regulations by setting off fireworks or other items in the venue;< /p>
(3) Displaying insulting slogans, banners and other items;
(4) Besieging referees, athletes or other staff;
(5) Throwing debris into the venue and refusing to listen to restraint;
(6) Other behaviors that disrupt the order of large-scale mass activities.
Those who are detained for disrupting the order of sports competitions may also be ordered not to enter sports venues to watch similar competitions within 12 months; those who enter sports venues in violation of regulations will be forcibly removed from the site.
Article 25: Whoever commits any of the following acts shall be detained for not less than 5 days but not more than 10 days, and may also be fined not more than 500 yuan; if the circumstances are relatively minor, he shall be detained for not more than 5 days or fined not more than 500 yuan. The following fines are imposed:
(1) Spreading rumors, falsely reporting dangers, epidemics, police situations, or deliberately disrupting public order in other ways;
(2) Placing false explosives , toxic, radioactive, corrosive substances or infectious disease pathogens and other dangerous substances that disrupt public order;
(3) Threatening to commit arson, explosions, or dropping dangerous substances to disrupt public order; .
Article 26: Anyone who commits any of the following acts shall be detained for not less than 5 days but not more than 10 days, and may also be fined not more than 500 yuan; if the circumstances are more serious, he shall be detained for not less than 10 days but not more than 15 days. Detention and a fine of not more than 1,000 yuan may be imposed:
(1) Fighting in groups;
(2) Chasing or intercepting others;
(3) Taking forcibly or arbitrarily damaging or occupying public or private property;
(4) Other acts of provoking quarrels and provoking trouble.
Article 27: Anyone who commits any of the following acts shall be detained for not less than 10 days but not more than 15 days, and may also be fined not more than 1,000 yuan; if the circumstances are relatively minor, he shall be detained for not less than 5 days but not more than 10 days. , may be concurrently imposed a fine of up to 500 yuan:
(1) Organizing, instigating, coercing, luring, and inciting others to engage in cult, Taoist sect activities, or using cults, Taoist sects, or superstitious activities to disrupt social order and harm the health of others Healthy;
(2) Using the name of religion or qigong to carry out activities that disrupt social order and harm the health of others.
Article 28: Anyone who violates national regulations and intentionally interferes with the normal operation of radio services, or causes harmful interference to normally operating radio stations (stations), refuses to take effective measures after being pointed out by the relevant competent authorities. If the measures are eliminated, the person shall be detained for not less than 5 days but not more than 10 days; if the circumstances are serious, the person shall be detained for not less than 10 days but not more than 15 days.
Article 29: Anyone who commits any of the following acts shall be detained for not more than 5 days; if the circumstances are more serious, he shall be detained for not less than 5 days but not more than 10 days:
(1) Violating national regulations by intruding into computer information systems and causing harm;
(2) Violating national regulations by deleting, modifying, adding, or interfering with the functions of computer information systems, causing the computer information systems to fail to operate normally;
(3) Violating national regulations by deleting, modifying, or adding data and applications stored, processed, and transmitted in computer information systems;
(4) Deliberately making, Spreading computer viruses and other destructive programs that affect the normal operation of computer information systems.
Section 2 Behaviors and Punishments that Hinder Public Safety
Article 30: Violate national regulations, manufacture, buy, sell, store, transport, mail, carry, use, Anyone who provides or handles dangerous substances such as explosive, toxic, radioactive, corrosive substances or infectious disease pathogens shall be detained for not less than 10 days but not more than 15 days; if the circumstances are relatively minor, he shall be detained for not less than 5 days but not more than 10 days.
Article 31: If dangerous substances such as explosive, poisonous, radioactive, corrosive substances or infectious disease pathogens are stolen, robbed or lost and fail to report as required, he shall be detained for not more than 5 days; Those who deliberately conceal and fail to report shall be detained for not less than 5 days but not more than 10 days.
Article 32: Anyone who illegally carries firearms, ammunition, or crossbows, daggers and other state-regulated instruments shall be detained for not more than 5 days and may be fined not more than 500 yuan; if the circumstances are relatively minor, he shall be fined not more than 500 yuan. Warning or fine of not more than 200 yuan.
Anyone who illegally carries firearms, ammunition, or crossbows, daggers and other state-regulated instruments into public places or public transportation vehicles shall be detained for not less than 5 days but not more than 10 days, and may also be fined 500 A fine of less than RMB 10,000.
Article 33: Anyone who commits any of the following acts shall be detained for not less than 10 days but not more than 15 days:
(1) Stealing or damaging oil and gas pipeline facilities, electric power and telecommunications facilities, Radio and television facilities, water conservancy and flood control engineering facilities, or public facilities such as hydrological monitoring, surveying, meteorological forecasting, environmental monitoring, geological monitoring, and earthquake monitoring;
(2) Moving or damaging national border markers , boundary markers and other border signs, border facilities or territorial or territorial sea marking facilities;
(3) Illegal activities that affect the direction of the national (border) boundary or the construction of facilities that hinder national (border) border management of.
Article 34: Anyone who steals, damages or moves aviation facilities in use without authorization, or forcibly enters the cockpit of an aircraft shall be detained for not less than 10 days but not more than 15 days.
Anyone who uses instruments or tools that may affect the normal function of the navigation system on an aircraft in use and refuses to listen to dissuasion shall be detained for not more than 5 days or fined not more than 500 yuan.
Article 35: Anyone who commits any of the following acts shall be detained for not less than 5 days but not more than 10 days, and may also be fined not more than 500 yuan; if the circumstances are relatively minor, he shall be detained for not more than 5 days or fined not more than 500 yuan. The following fines are imposed:
(1) Stealing, damaging or moving railway facilities, equipment, rolling stock accessories or safety signs without authorization;
(2) Placing obstacles on railway lines, Or deliberately throwing objects at trains;
(3) Digging holes, quarrying rocks and sand at railway lines, bridges, culverts;
(4) On railway lines Private crossings or level crossings.
Article 36: Anyone who enters the railway protection net without authorization or walks, sits or lies on the railway line when the train is approaching, or rushes over the railway, which affects driving safety, shall be given a warning or a fine of not more than 200 yuan.
Article 37: Anyone who commits any of the following acts shall be detained for not more than 5 days or fined not more than 500 yuan; if the circumstances are serious, he shall be detained for not less than 5 days but not more than 10 days, and may also be fined not more than 500 yuan. Fines:
(1) Installing and using power grids without approval, or installing and using power grids that do not comply with safety regulations;
(2) In places where vehicles and pedestrians pass During construction, no coverings, barriers and warning signs are installed on trenches, wells and ridges, or the coverings, barriers and warning signs are intentionally damaged or moved;
(3) Theft or damage to road manhole covers, Lighting and other public facilities.
Article 38: Anyone who holds cultural, sports or other large-scale mass activities in violation of relevant regulations and risks a safety accident shall be ordered to stop the activities and evacuate immediately; the organizer shall be punished for not less than 5 days but not less than 10 days Detention for less than 5 days and a fine of not less than 200 yuan but not more than 500 yuan; if the circumstances are relatively minor, the person shall be detained for not more than 5 days or fined not more than 500 yuan.
Article 39: Operations and management personnel of hotels, restaurants, theaters, entertainment venues, sports venues, exhibition halls or other places for public activities violate safety regulations, causing safety accidents in the place If the person is dangerous and refuses to make corrections after being ordered by the public security organ, he shall be detained for not more than 5 days.
Section 3 Acts and Punishments that Violate Personal and Property Rights
Article 40: Anyone who commits any of the following acts shall be detained for not less than 10 days but not more than 15 days, and shall also be fined 500 A fine of not less than 1,000 yuan but not more than 1,000 yuan; if the circumstances are relatively minor, he or she shall be detained for not less than 5 days but not more than 10 days, and shall be fined not less than 200 yuan but not more than 500 yuan:
(1) Organizing, coercing, or deceiving persons under the age of 16 Carrying out horrific or cruel performances against people or persons with disabilities;
(2) Using violence, threats or other means to force others to work;
(3) Illegally restricting others’ personal freedom, illegally Invading other people's homes or illegally searching other people's bodies.
Article 41: Anyone who coerces, deceives or uses others to beg shall be detained for not less than 10 days but not more than 15 days, and may be fined not more than 1,000 yuan.
Those who repeatedly pester, forcibly beg, or beg in other ways that disturb others will be detained for not more than 5 days or given a warning.
Article 42: Anyone who commits any of the following acts shall be detained for not more than 5 days or fined not more than 500 yuan; if the circumstances are more serious, he shall be detained for not less than 5 days but not more than 10 days, and may also be fined not more than 500 yuan. The following fines apply:
(1) Writing threatening letters or threatening others’ personal safety in other ways;
(2) Blatantly insulting others or fabricating facts to slander others;
(3) Fabricating facts and falsely accusing others in an attempt to subject others to criminal prosecution or public security penalties;
(4) Threatening, insulting, beating or retaliating against witnesses and their close relatives
(5) Repeatedly sending obscene, insulting, threatening or other information, interfering with the normal life of others;
(6) Peeping, secretly filming, eavesdropping, or spreading other people's privacy .
Article 43: Anyone who beats others or intentionally injures others shall be detained for not less than 5 days but not more than 10 days, and shall be fined not less than 200 yuan but not more than 500 yuan; if the circumstances are relatively minor, he shall be fined not less than 500 yuan but not more than 500 yuan. Detention of not more than 50 days or fine of not more than 500 yuan.
Whoever commits any of the following circumstances shall be detained for not less than 10 days but not more than 15 days, and shall be fined not less than 500 yuan but not more than 1,000 yuan:
(1) Grouping to beat or injure others;
(2) Beating or injuring the disabled, pregnant women, people under 14 years old or people over 60 years old;
(3) Beating or injuring others multiple times or beating once , hurting many people.
Article 44: Anyone who molests others, or intentionally exposes his body in public places, if the circumstances are serious, shall be detained for not less than 5 days but not more than 10 days; Anyone who is 14 years old or has other serious circumstances shall be detained for not less than 10 days but not more than 15 days.
Article 45: Anyone who commits any of the following acts shall be detained for not more than 5 days or given a warning:
(1) Abuse a family member and the person being abused requests to be dealt with;< /p>
(2) Abandoning a dependent who has no ability to live independently.
Article 46: Whoever forcefully buys or sells goods, forces others to provide services or forces others to receive services shall be detained for not less than 5 days but not more than 10 days, and shall be fined not less than 200 yuan but not more than 500 yuan; If the offense is more serious, he shall be detained for not more than 5 days or fined not more than 500 yuan.
Article 47: Anyone who incites ethnic hatred or discrimination, or publishes ethnic discrimination or insulting content in publications or computer information networks shall be detained for not less than 10 days but not more than 15 days, and may also be fined 1,000 A fine of less than RMB 10,000.
Article 48: Anyone who falsely claims, conceals, destroys, opens privately, or illegally inspects other people's mail shall be detained for not more than 5 days or fined not more than 500 yuan.
Article 49: Anyone who steals, defrauds, robs, snatches, extorts or intentionally damages public or private property shall be detained for not less than 5 days but not more than 10 days, and may also be fined not more than 500 yuan; if the circumstances are serious, , shall be detained for not less than 10 days but not more than 15 days, and may also be fined not more than 1,000 yuan.
Section 4 Behaviors and Punishments that Hinder Social Management
Article 50: Anyone who commits any of the following acts shall be given a warning or fined not more than 200 yuan; if the circumstances are serious, he shall be fined 5 Detention for not less than 10 days but not more than 10 days may result in a fine of not more than 500 yuan:
(1) Refusal to implement decisions or orders issued by the people's government in accordance with the law during a state of emergency;
(2) Obstructing state agency staff from performing their duties in accordance with the law;
(3) Obstructing the passage of fire trucks, ambulances, engineering rescue vehicles, police cars and other vehicles performing emergency tasks;
(4) Forcibly breaking through the warning belts and warning areas set up by the public security organs.
Those who obstruct the people's police from performing their duties in accordance with the law shall be severely punished.
Article 51: Anyone who pretends to be a staff member of a state agency or uses other false identities to defraud shall be detained for not less than 5 days but not more than 10 days, and may also be fined not more than 500 yuan; if the circumstances are relatively minor, he shall be fined not more than 500 yuan. Detention of not more than 50 days or fine of not more than 500 yuan.
Those who pretend to be military or police personnel to deceive others will be severely punished.
Article 52: Anyone who commits any of the following acts shall be detained for not less than 10 days but not more than 15 days, and may also be fined not more than 1,000 yuan; if the circumstances are relatively minor, he shall be detained for not less than 5 days but not more than 10 days. , may be concurrently imposed a fine of not more than 500 yuan:
(1) Forging, altering or buying and selling official documents, certificates, certification documents and seals of state agencies, people's organizations, enterprises, institutions or other organizations;< /p>
(2) Buying, selling or using forged or altered official documents, certificates and certification documents of state agencies, people’s organizations, enterprises, institutions or other organizations;
(3) Forgery , altering or reselling train tickets, ship tickets, air tickets, theatrical performance tickets, sports competition tickets or other valuable tickets or vouchers;
(4) Forging or altering ship registration numbers, trading Or use a forged or altered ship registration number, or alter the ship's engine number.
Article 53: If a ship enters or docks in waters or islands prohibited or restricted by the state without authorization, the person in charge of the ship and relevant responsible personnel shall be fined not less than 500 yuan but not more than 1,000 yuan; if the circumstances are serious, shall be detained for not more than 5 days and fined not less than 500 yuan but not more than 1,000 yuan.
Article 54: Whoever commits any of the following acts shall be detained for not less than 10 days but not more than 15 days, and shall be fined not less than 500 yuan but not more than 1,000 yuan; if the circumstances are relatively minor, he shall be detained for not less than 5 days or Fines of less than 500 yuan: (1) Violating national regulations, carrying out activities in the name of a social group without registration, and still carrying out activities after being banned;
(2) Being Social groups that have been deregistered in accordance with the law still carry out activities in the name of social groups;
(3) Without permission, operating industries that require permission from the public security organs in accordance with national regulations.
Any behavior specified in item 3 of the preceding paragraph shall be banned.
If an operator who has obtained a license from the public security organ violates relevant national management regulations, and the circumstances are serious, the public security organ may revoke the license.
Article 55: Anyone who incites or plans illegal assemblies, processions, or demonstrations and refuses to listen to dissuasion shall be detained for not less than 10 days but not more than 15 days.
Article 56: Staff members of the hotel industry shall not stop a guest who fails to register the name, identity document type and number as required, or who knowingly knows that a guest has brought dangerous substances into the hotel. , a fine of not less than 200 yuan but not more than 500 yuan will be imposed.
If a staff member of the hotel industry knowingly knows that the guest staying is a criminal suspect or a person wanted by the public security organ and fails to report it to the public security organ, he or she shall be fined not less than 200 yuan but not more than 500 yuan; if the circumstances are serious, he or she shall be fined not less than 500 yuan but not more than 500 yuan. Detention for less than 50 days and a fine of not more than 500 yuan may be imposed.
Article 57: If a house lessor rents a house to a person without an identity document, or fails to register the lessee’s name, identity document type and number as required, a fine of not less than 200 yuan but not less than 500 yuan will be imposed. the following fines.
If the lessor of a house knowingly knows that the lessee is using the rented house to carry out criminal activities and fails to report it to the public security organ, he shall be fined not less than 200 yuan but not more than 500 yuan; if the circumstances are serious, he shall be detained for not more than 5 days and may also be fined 500 yuan. A fine of less than RMB 10,000.
Article 58: Anyone who violates the legal provisions on the prevention and control of noise pollution in social life and creates noise that interferes with the normal life of others shall be given a warning; if he does not make corrections after the warning, he shall be fined not less than 200 yuan but not more than 500 yuan.
Article 59: Anyone who commits any of the following acts shall be fined not less than 500 yuan but not more than 1,000 yuan; if the circumstances are serious, he shall be detained for not less than 5 days but not more than 10 days, and shall also be fined not less than 500 yuan but not more than 1,000 yuan. Fines:
(1) Pawnbrokers fail to check relevant certificates or perform registration procedures when accepting pawned items, or fail to report to the public security organs knowing that they are suspects of illegal crimes or stolen goods;
(2) Violating national regulations, purchasing waste special equipment for railways, oil fields, power supply, telecommunications, mining, water conservancy, surveying and urban public facilities; Checked stolen goods or items suspected of being stolen goods;
(4) Purchasing other items prohibited by the state.
Article 60: Anyone who commits any of the following acts shall be detained for not less than 5 days but not more than 10 days, and shall be fined not less than 200 yuan but not more than 500 yuan:
(1) Hiding, Transferring, selling, or destroying property that has been seized, sealed, or frozen by the administrative law enforcement agencies in accordance with the law;
(2) Forging, concealing, or destroying evidence or providing false testimony or falsely reporting the case, thereby affecting the administrative law enforcement agencies' handling of the case in accordance with the law;
(3) Knowingly harboring, transferring or selling stolen goods;
(4) Being subject to control in accordance with the law, deprived of political rights, or under probation or temporarily serving sentence outside prison Criminals or persons subject to criminal compulsory measures in accordance with the law have violated laws, administrative regulations or the supervision and management regulations of relevant departments of the State Council.
Article 61: Anyone who assists in organizing or transporting others to cross the national (border) border illegally shall be detained for not less than 10 days but not more than 15 days, and shall be fined not less than 1,000 yuan but not more than 5,000 yuan.
Article 62: Anyone who provides conditions for people to illegally cross the national (border) border shall be detained for not less than 5 days but not more than 10 days, and shall be fined not less than 500 yuan but not more than 2,000 yuan.
Those who cross the national (border) border illegally shall be detained for not more than 5 days or fined not more than 500 yuan.
Article 63: Anyone who commits any of the following acts shall be given a warning or fined not more than 200 yuan; if the circumstances are serious, he shall be detained for not less than 5 days but not more than 10 days, and shall also be fined not less than 200 yuan but not more than 500 yuan. Fines:
(1) Engraving, defacement or otherwise intentionally damaging cultural relics and scenic spots and historic sites protected by the state;
(2) Violating national regulations, in cultural relics protection units Blasting, excavation and other activities are carried out nearby, endangering the safety of cultural relics.
Article 64: Anyone who commits any of the following acts shall be fined not less than 500 yuan but not more than 1,000 yuan; if the circumstances are serious, he shall be detained for not less than 10 days but not more than 15 days, and shall also be fined not less than 500 yuan but not more than 1,000 yuan. Fines:
(1) Stealing other people’s motor vehicles;
(2) Driving without a driver’s license or stealing other people’s aircraft or motor vessels.
Article 65: Anyone who commits any of the following acts shall be detained for not less than 5 days but not more than 10 days; if the circumstances are serious, he shall be detained for not less than 10 days but not more than 15 days, and may be fined not more than 1,000 yuan:
(1) Deliberately damaging or defiling other people’s graves or destroying or discarding other people’s bones or ashes;
(2) Parking corpses in public places or causing the impact of parking corpses Others live and work normally and do not listen to dissuasion.
Article 66: Those who engage in prostitution or whoring shall be detained for not less than 10 days but not more than 15 days, and may also be fined not more than 5,000 yuan; if the circumstances are relatively minor, they shall be detained for not more than 5 days or fined not more than 500 yuan. .
Anyone soliciting prostitution in a public place shall be detained for not more than 5 days or fined not more than 500 yuan.
Article 67: Anyone who induces, tolerates or introduces others to prostitution shall be detained for not less than 10 days but not more than 15 days, and may also be fined not more than 5,000 yuan; if the circumstances are relatively minor, he shall be detained for not more than 5 days or A fine of less than 500 yuan is imposed.
Article 68: Produce, transport, copy, sell, rent obscene books, periodicals, pictures, films, audio-visual products and other obscene materials, or use computer information networks, telephones and other communication tools to spread obscene information , shall be detained for not less than 10 days but not more than 15 days, and may be fined not more than 3,000 yuan; if the circumstances are relatively minor, he shall be detained for not more than 5 days or fined not more than 500 yuan.
Article 69: Anyone who commits any of the following acts shall be detained for not less than 10 days but not more than 15 days, and shall be fined not less than 500 yuan but not more than 1,000 yuan:
(1) Organization Playing obscene audio and video;
(2) Organizing or conducting obscene performances;
(3) Participating in gatherings of people for lewd activities.
Anyone who knowingly provides conditions for others to engage in the activities mentioned in the preceding paragraph shall be punished in accordance with the provisions of the preceding paragraph.
Article 70: Anyone who provides conditions for gambling for the purpose of profit, or who participates in gambling with a large amount of money, shall be detained for not more than 5 days or fined not more than 500 yuan; if the circumstances are serious, he shall be sentenced to not less than 10 days Detention for not more than 15 days and a fine of not less than 500 yuan but not more than 3,000 yuan.
Article 71: Anyone who commits any of the following acts shall be detained for not less than 10 days but not more than 15 days, and may also be fined not more than 3,000 yuan; if the circumstances are relatively minor, he shall be detained for not more than 5 days or fined not more than 500 yuan. The following fines are imposed:
(1) Illegal planting of less than 500 opium poppies or other small quantities of original drug plants;
(2) Illegal buying, selling, transporting, carrying, or possessing a small amount of unauthorized Inactivated opium poppy and other drug original plant seeds or seedlings;
(3) Illegally transporting, trading, storing, and using a small amount of poppy shells.
Anyone who commits the acts listed in the first paragraph of the preceding paragraph and eradicates them before maturity shall not be punished.
Article 72: Anyone who commits any of the following acts shall be detained for not less than 10 days but not more than 15 days, and may also be fined not more than 2,000 yuan; if the circumstances are relatively minor, he shall be detained for not more than 5 days or fined not more than 500 yuan. The following fines are imposed:
(1) Illegal possession of less than 200 grams of opium, less than 10 grams of heroin or methamphetamine, or other small amounts of drugs;
(2) Providing drugs to others ;
(3) Taking or injecting drugs;
(4) Coercing or deceiving medical staff into prescribing narcotic drugs or psychotropic drugs.
Article 73: Anyone who instigates, induces, or deceives others to take or inject drugs shall be detained for not less than 10 days but not more than 15 days, and shall be fined not less than 500 yuan but not more than 2,000 yuan.
Article 74: Personnel in the hotel industry, catering service industry, cultural entertainment industry, taxi industry and other units commit illegal and criminal acts when the public security organs investigate and deal with drug abuse, gambling, prostitution, and whoring activities. Anyone who informs others will be detained for not less than 10 days but not more than 15 days.
Article 75: Anyone who raises animals and interferes with the normal life of others shall be given a warning; anyone who fails to make corrections after the warning, or who allows animals to intimidate others shall be fined not less than 200 yuan but not more than 500 yuan.
Those who drive animals to harm others shall be punished in accordance with the provisions of Article 43, Paragraph 1 of this Law.
Article 76: If a person commits the acts listed in Articles 67, 68, and 70 of this Law and refuses to change despite repeated admonitions, compulsory education measures may be taken in accordance with state regulations.
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