Will administrative detention inform family members?

I will be informed of administrative punishment. There will be no situation where the parties do not know the punishment.

Legal analysis

According to relevant laws and regulations, when being detained administratively, there will be two legal documents, one is the decision of administrative punishment, and the other is the notice of the detainee's family. For administrative detention, the police need to inform their families, and they must. However, if the public security organ refuses to provide the family information, and the public security organ is unable to inquire about or contact the family information, or cannot notify due to force majeure, it may not notify, and the police handling the case shall indicate it on the notice of the detainee's family. In general, family members will be contacted. If it is only a violation of the Public Security Administration Punishment Law, arresting people in public security is not a criminal detention, but an administrative detention. Administrative detention is a kind of administrative punishment, and sometimes only the unit can be notified. Only when it is impossible to give it to him on the spot will it be given to the family of the punished person. However, whether it is handed over to the punished person or not, the family members should be informed in time. Administrative penalties are divided into warnings, fines, etc. The administrative punishment of an administrative organ must follow the procedures prescribed by law and the parties concerned must be informed in advance. It is determined that administrative punishment must be executed without objection, so as to ensure that the punishment process is legal and the results given are correct. The general procedure of administrative punishment, also known as ordinary procedure, is the basic procedure of administrative punishment. Unless otherwise stipulated by law, this procedure must be applied to any administrative punishment decision. The steps are investigation and inspection, making a penalty decision and serving a penalty decision. Before making a decision on administrative punishment, the administrative organ and its law enforcement personnel failed to inform the parties of the facts, reasons and basis for administrative punishment in accordance with the provisions of this Law, or refused to listen to the statements and arguments of the parties, and the administrative punishment procedure was illegal, so the decision on administrative punishment should be revoked. Therefore, the administrative punishment will definitely inform the parties.

legal ground

Article 97 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment, the public security organ shall announce the decision on public security administration punishment to the punished person and deliver it to the punished person on the spot; If it cannot be announced to the punished person on the spot, it shall be served to the punished person within two days. If it is decided to give administrative detention, it shall promptly notify the family members of the punished person. If there is an infringed person, the public security organ shall send a copy of the decision to the infringed person.