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Will fighting and detention go to detention center

Time: 2024.02.27 label: criminal defense Compulsory measures Reading: 1425 people

Lawyer's analysis:

It just depends.
1. First of all, if both parties can negotiate and reconcile, then it is OK to settle privately;
2. If negotiation fails, the victim just Minor injury , give the doer Administrative detention Should be kept in a detention facility for no more than 15 days.
3. If the victim is slightly injured or above, suspect Crime of intentional injury , to be criminal custody The detainee should be sent to the detention center immediately take into custody , not more than 24 hours at the latest.
from Filing a case To lift public prosecution No more than 37 days, after which the sentence depends on the court decision.

Legal basis:

Article 43 of the Law on Administrative Penalties for Public Security
Whoever beats another person or intentionally injures another person's body shall be detained for not less than five days but not more than 10 days and shall also be fined not less than 200 yuan but not more than 500 yuan;
If the circumstances are relatively minor, he shall be detained for not more than five days or fined not more than 500 yuan.
Under any of the following circumstances, a person shall be detained for not less than 10 days but not more than 15 days and fined not less than 500 yuan but not more than 1000 yuan:
（1） Beating or hurting others in groups;
（2） Beating or harming a disabled person, a pregnant woman, a person under the age of 14 or a person over the age of 60;
（3） Article 234 of the Criminal Law of the People's Republic of China, which repeatedly beats or injures others, or beats or injures more than one person at a time
Whoever intentionally harms another person shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
Whoever commits the crime mentioned in the preceding paragraph and causes serious injury to another person shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years;
If a person dies or causes serious injury to another person by especially cruel means, causing serious disability, he shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where this Law provides otherwise, such provisions shall prevail.

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Lawyers' answers

ask Will you take another oral statement after being detained by the detention center

I still need to take an oral statement. If the party concerned is detained in the detention center after recording his confession, he should be detained for criminal suspicion. However, the case is still in the investigation stage, and the investigation organ still needs to interrogate the parties and take confessions. The sentence of all cases must be proved again

Lawyer Lin Xiaoxiong

thirteen billion five hundred and ninety-nine million one hundred and twelve thousand five hundred and fifty-two

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ask Will you take a statement after being detained by the detention center

Lawyer Lin Xiaoxiong

thirteen billion five hundred and ninety-nine million one hundred and twelve thousand five hundred and fifty-two

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ask Will I keep a record when I am detained by the detention center

It depends on the situation. If it is merely a criminal detention and has not been judged by the court according to law, the case will not be left. Only those who are convicted by the court will leave the case. The bottom of a case generally refers to the record of a party's past violations or criminal acts. Also known as criminal record of criminals

Lawyer Lin Xiaoxiong

thirteen billion five hundred and ninety-nine million one hundred and twelve thousand five hundred and fifty-two

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Lawyer Lin Xiaoxiong

Beijing Yingke (Quanzhou) Law Firm

Lawyer Lin Xiaoxiong, a full-time lawyer of Beijing Yingke (Quanzhou) Law Firm, handles or participates in many types of civil cases, including civil loan disputes, divorce disputes, sales contract disputes, and disputes over the invalidation of contracts; Crime of organizing and leading underworld organizations, crime of opening casinos, crime of causing traffic accidents, crime of contract fraud, crime of illegally crossing the border, crime of concealing and covering up the crime, and other criminal cases. We have always been adhering to the service concept of comprehensively considering customers from the perspective of customers and striving for the best interests of customers.

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