Compared with criminal detention, criminal detention should be more serious.
Administrative detention refers to an administrative punishment imposed by the statutory administrative organ (specifically the public security organ) to restrict the personal freedom of those who violate administrative laws and regulations in a short period of time according to law. It is usually applicable to situations where serious violations of public security management do not constitute crimes, and warnings and fines are not enough to punish.
Criminal detention refers to the compulsory method of temporarily depriving the current criminals or major suspects of their personal freedom, which is adopted by the public security organs and the People's Procuratorates for the cases directly accepted by them. In the process of investigation, when encountering legal emergencies, they are likely to be sentenced to punishment later.
Criminal detention must meet two conditions at the same time: first, the object of detention is an active criminal or a major suspect. An active criminal refers to a person who is committing a crime, and a major suspect refers to a person who has evidence to prove that he is suspected of a major crime. Second, there is one of the statutory emergencies.
[Legal Basis]
In Article 82 of the Criminal Procedure Law, the public security organ may first detain an active criminal or a major suspect under any of the following circumstances:
（1） Is preparing to commit a crime, is committing a crime, or is discovered immediately after committing a crime;
（2） The victim or the person who saw it with his own eyes on the spot identified him as a criminal;
（3） Finding evidence of a crime on one's side or at one's residence;
（4） Attempting to commit suicide, escape or being a fugitive after committing a crime;
（5） It is possible to destroy or forge evidence or collude with others;
（6） Failing to tell the true name and address, and the identity is unknown;
（7） There is a serious suspicion of committing crimes from place to place, repeatedly, or in a gang.
