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How long will you be detained for drinking and making trouble?
Under normal circumstances, the longest detention period for the crime of stirring up trouble is 14 days. The main suspects who commit crimes on the run, repeatedly commit crimes or commit crimes by gangs can be detained for up to 37 days. Affray refers to the acts of affray, chasing and intercepting others, extortion or arbitrary destruction and occupation of public and private property.
It depends. If the act of provoking trouble is minor, it is only an illegal act and does not involve criminal law, and can be placed in administrative detention for up to fifteen days. If the behavior of the party concerned has been suspected of violating the crime of stirring up trouble, then the case will enter the criminal justice process and the criminal detention can last for up to 30 days.
The role of letter of understanding in the crime of stirring up trouble;
A criminal letter of understanding generally refers to a written document of a legal nature issued when the victim and the criminal suspect or their families reach a settlement on the outcome of a criminal case. The letter of understanding is generally completed in the process from public prosecution to court cross-examination, and has the effect of discretionary mitigation and lighter punishment in criminal law. That is to say, the parties or victims have given emotional forgiveness, and at the same time, it also shows the attitude that the parties or victims will no longer pursue them, which has certain reference function for reducing or exempting punishment.
Criminal understanding is a discretionary circumstance in law, that is, a social effect. If the other party forgives himself, the judge will no longer have any burden and can impose a very light sentence on himself.
Drunk detention for 5~ 10 days, making trouble is an illegal act, and if there is a behavior of making trouble, and the victim's letter of understanding is obtained, it can be given a lighter punishment. If both parties reach a settlement and sign a letter of understanding in a criminal case of stirring up trouble, they may be given a lighter punishment when they file a lawsuit.
Legal basis:
Article 26 of the Law on Public Security Administration Punishment: Anyone who commits one of the following acts shall be detained for more than five days and less than ten days, and may also be fined up to five hundred yuan; If the circumstances are serious, they shall be detained for more than 10 days and less than 15 days, and may be fined less than 1,000 yuan:
Gang fights;
(2) Chasing or intercepting others;
(three) extortion or arbitrary damage, embezzlement of public or private property;
Other provocative acts.
Article 293 of the Criminal Law: Whoever commits one of the following acts of seeking trouble and disrupting social order shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance: (1) gathering people to fight;
Beating others at will, and the circumstances are bad;
(two) chasing, intercepting, insulting or intimidating others, and the circumstances are bad;
(three) extortion or arbitrary damage, occupation of public or private property, if the circumstances are serious;
(4) Gathering in public places. Causing serious disorder in public places.
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