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What if the family members who have been detained for 5 days have not received the news?
Generally speaking, whether it is criminal detention (except for cases that are unable to be notified or suspected of endangering national security or terrorist activities that may hinder investigation, the family members of the detained person shall be notified within 24 hours after detention) or administrative detention (if the family members of the parties are notified on the spot, they shall be notified by telephone, text message, fax, etc.), the compulsory measures shall be implemented immediately after implementation; Unknown identity, refusal to provide contact information of family members, or failure to notify due to force majeure such as natural disasters. , may not be notified. The reasons for informing, informing family members or failing to inform family members shall be indicated in the inquiry record), and the family members of the detained person shall be informed in time. If the public security organ fails to notify the family members in time, the family members may make a request to the case-handling organ. If the public security organ fails to fulfill the obligation of informing due to non-statutory reasons, the actor may bring a lawsuit to the court.
The specific process of detention is as follows:
1, execute immediately.
(1) Issue the Notice of Public Security Administrative Detention Execution;
(2) Two or more policemen send the punished person to the detention center for execution, and if they resist execution, they can use handcuffs and other binding police equipment;
(three) the detention center to handle the handover procedures;
(4) the administrative detention execution receipt file for future reference.
2. Suspend execution.
(1) The legal department shall review the application for suspension of execution, confirm whether there are reasons for applying for administrative reconsideration or bringing an administrative lawsuit, and assess the social danger of suspension of execution;
(2) If the conditions for suspension of execution are met, fill in the approval form for suspension of execution;
(3) reported to the bureau leaders for approval;
(4) ordering the applicant to provide a guarantor or pay a deposit;
(5) Making a Decision on Suspending the Execution of Administrative Detention in triplicate, sending it to the applicant and the case-handling unit respectively, and keeping one copy on file for future reference.
3. It will not be executed.
(1) Confirm whether the violator meets the legal conditions for not executing administrative detention punishment;
(two) fill in the approval form for administrative punishment, and put forward suggestions not to execute detention;
(3) with the consent of the leaders of the case-handling department and submitted to the legal department for review, the report shall be submitted to the leaders of the county bureau for review.
To sum up, the case-handling organ should notify the family members within 24 hours after detention or arrest, but it may be late because of the speed and distance of the mail and the address. However, if it is impossible to report or report a crime suspected of endangering national security or terrorist activities that may hinder the investigation, the case-handling organ may be consulted according to the specific circumstances.
Legal basis:
Article 83 of the Criminal Procedure Law of People's Republic of China (PRC)
The material evidence on which the case is decided should be the original. If the original is inconvenient to carry and difficult to keep, and should be returned or handed over to the relevant departments for safekeeping and disposal according to law, photos, videos and copies that can fully reflect the appearance and characteristics of the original can be taken and made. When necessary, the judge can go to the storage place to check the original.
Photographs, videos and copies of physical evidence that cannot reflect the original appearance and characteristics shall not be used as the basis for finalizing the case.
Photographs, videos and copies of material evidence can be used as the basis for finalizing the case if they are verified with the original or verified by identification.
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