How to apply for postponement of administrative detention

1、 How to apply for postponement of execution Administrative detention

The punished person applies for administrative reconsideration or files an administrative appeal against the administrative detention litigation You can apply for suspension of execution at the same time. You can apply orally or submit an application for suspension of execution. Article 222 of the Provisions on the Procedure of Public Security Organs in Handling Administrative Cases, if the person being punished refuses to accept the decision on administrative detention and applies for administrative reconsideration or brings an administrative lawsuit, he may apply to the public security organ that made the decision on administrative detention for postponing the execution of administrative detention;

If an application is made orally, the people's police of the public security organ shall record it, and the applicant shall sign or print his/her fingerprint. If the penalized person applies for suspension of administrative detention during the period of administrative detention, the detention center shall immediately transfer the application to the public security organ that made the decision on administrative detention. Article 223 The public security organ shall make a decision within 24 hours after receiving the application for suspension of administrative detention from the person punished. The public security organ considers that the suspension of administrative detention will not cause social danger, and the person punished or his close relatives propose to meet the conditions guarantee , or pay according to the standard of 200 yuan per day for administrative detention bond A decision shall be made to suspend the execution of administrative detention. The same person being punished shall not be ordered to provide insurance at the same time witness And paying security deposit. If the person to be punished has been served to the detention center for execution, the public security organ shall immediately serve the decision to suspend the execution of administrative detention on the detention center, and the detention center shall immediately release the person to be punished.

2、 What is the executive procedure of administrative detention in the police station

（1） The punishment execution procedure of administrative detention includes investigating the public security organ's voluntary surrender of the person who reports, accuses, reports or violates the administration of public security, as well as the case of violating the administration of public security transferred by other competent administrative departments and judicial organs, before the execution of the punishment of administrative detention, should be promptly accepted and registered.

（2） The punishment execution procedure of administrative detention includes the execution of the punishment of administrative detention. After the investigation of public security cases is completed, the public security organ shall, according to different circumstances, make the following punishment execution:

1. It really should be given according to law Public security management punishment If an illegal act is executed, a decision on punishment execution shall be made according to the seriousness of the case and the specific circumstances;

2. If the punishment is not executed according to law, or if the illegal facts cannot be established, the decision of not executing the punishment shall be made;

3. If an illegal act has been suspected of committing a crime, it shall be transferred to the competent authority for investigation of criminal responsibility according to law;

4. If it is found that the person who violates the administration of public security has committed other illegal acts, the relevant administrative department shall be notified to deal with it while making a decision on the punishment and implementation of the acts against the administration of public security.

（3） The procedure for executing the penalty of administrative detention includes the execution of the penalty of administrative detention. When executing the penalty of administrative detention, the public security organ that made the decision shall deliver the person to the detention center for execution.

According to the above analysis, according to the provisions of the Provisions on the Procedure of Public Security Organs in Handling Administrative Cases, if a party refuses to accept the penalty of administrative detention, he may apply for a suspension of execution when applying for administrative reconsideration or filing an administrative lawsuit, and may submit an application or orally submit an application when applying.