Legal Practice" [Criminal Law Classroom] The person in charge of medical beauty was involved in secret filming. What are the requirements for detention and what are the prohibitions on detention?

◎ Facao Sixiang Media

News reports pointed out that in the secret filming case of a well-known chain of medical beauty clinics, as many as 99 people were victims, including 4 minors. In June, the group president and related personnel were prosecuted. The recent detention period was about to expire. After review, it was still considered necessary and the reasons for the detention of these people, and it was ruled that the detention should be extended until February.

The so-called detention refers to detaining a defendant in a certain place with the purpose of preventing the defendant from escaping and preserving evidence to ensure that the criminal proceedings can proceed smoothly. (Taken from the post) What is detention and detention ban?

In news reports, we often see the term "detention ban". What exactly is detention? Under what circumstances will a defendant be detained? And what is the difference between forbidden detention and ordinary detention?

The so-called detention refers to detaining a defendant in a certain place with the purpose of preventing the defendant from escaping and preserving evidence to ensure that the criminal proceedings can proceed smoothly. In other words, detention is a mandatory punishment in criminal proceedings and is not a punishment imposed on the defendant.

Detention can be further divided into general detention and preventive detention.

General detention is stipulated in Article 101, Paragraph 1 of the Criminal Procedure Law. If the defendant, after being interrogated by a judge, considers that the suspicion of a crime is serious and there is one of the following circumstances, if it is difficult to carry out prosecution, trial or execution without detention, he may be detained.

This includes cases where the defendant is in danger of fleeing or fleeing; there are facts sufficient to believe that he or she may annihilate, forge, or alter evidence, or collude with accomplices or witnesses; and the crime is punishable by death, life imprisonment, or a minimum term of imprisonment of not less than 5 years, and there is considerable reason to believe that there is a risk of flight, destruction of evidence, or collusion.

In addition, Article 101-1 of the Criminal Procedure Law deals with so-called preventive detention. If the defendant is suspected of a specific crime listed in this article, and the crime suspicion is serious, and there are sufficient facts to believe that he is likely to commit the same crime repeatedly, and if detention is necessary, the court may also order detention.

What is "custodial ban"?

The so-called detention prohibition means that after the defendant is detained by the court, the court further believes that if the defendant is allowed to have contact with the outside world, it may lead to escape, destruction of evidence or collusion with confessions, etc., so it restricts the defendant from visiting, communicating with other people, or receiving objects.

However, the prohibition of interviews in custody does not mean that the defendant cannot have contact with anyone at all. According to the law, he still has relevant rights such as interviews with lawyers.

Does successful detention equal certainty of guilt?

The purpose of detention is to prevent the defendant from escaping, destroying evidence, colluding with confessions, or from recurring crimes, so as to ensure that criminal proceedings can proceed smoothly. The court's ruling on detention only means that the court believes that the legal requirements for detention are met and detention is necessary. It does not mean that the defendant has been found guilty.

Whether the defendant has committed a crime in the end must still be substantively heard by the court and a judgment must be made in accordance with relevant evidence and the law.

Fa Cao also reminded that the next time you see a news report that someone is "detained and prohibited from seeing", you should not directly interpret the detention as "the court has found him guilty." Detention is a compulsory measure taken to preserve the criminal proceedings, while a guilty verdict is the result of a court trial. The two have different legal meanings.

In this case, because there are still discrepancies in the confessions of accomplices and witnesses, and there are many accomplices, it is likely to require a long and intensive trial in the future. The case is still highly likely to be unclear. In addition, the three people had evidence destruction in the past. There is a risk of destroying evidence and colluding with accomplices or witnesses to avoid criminal liability. The original reasons for detention still exist.

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This article is reprinted with authorization from "Fa Cao" [Criminal Law Classroom] The person in charge of medical beauty is involved in secret filming. What are the requirements for detention and what is the prohibition of detention?