The Ministry of Public Security Bureau of administrative case to how to deal with the original administrative cases and criminal cases handled after the call

2004Years11Month1Day

Hainan provincial public security department, legal department:

    You "on administrative punishment case is concluded for the same illegal act and criminal responsibility should be for instructions on how to handle" (Joan public words[2004]24Receipt No.). Through the research, we now reply as follows:

    The public security organs in handling administrative cases, found a suspected criminal violations, if the case is not over yet, can apply directly to the criminal case, without the need to perform the deregistration formalities. If the administrative cases have made the punishment decision shall be revoked, the administrative punishment, and then converted to handle criminal cases. In accordance with the "Criminal Procedure Law" provisions of the sixty-first conditions of criminal detention, criminal detention measures can be taken to the criminal suspect. Administrative detention and criminal detention of a different nature, administrative detention cannot turn low criminal detention.

Attached: from the Hainan Provincial Public Security Department Legal Department

From the legal point of the Public Security Bureau of Hainan Province

The legal department of the Ministry of public security:

    Recently, our province the grass-roots public security organs for beating others in public security cases, the offenders shall make the public security administrative punishment of detention. But after the punishment, because the final identification conclusion for minor injuries, accord with the criminal cases on file standards, has been suspected of committing a crime. In accordance with the "Regulations" for the public security organs, the procedure of administrative cases (four) of article 196th, paragraph, should turn to handle criminal cases. To handle this kind of case, whether the cancellation of administrative punishment must be original and in the criminal procedure?If you need to undo it, whether can take criminal detention measures?Executed the detention order if you can remove to criminal detention?The above problems, please instructions.

                        Hainan provincial public security department, legal department   

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