Compulsory drug detoxification does not fall within the scope of administrative penalties and criminal penalties:
1. Compulsory drug detoxification in drug rehabilitation centers is an administrative coercive measure, and it is neither an administrative penalty nor a criminal penalty. ;
2. The compulsory drug detoxification period is from three months to six months, calculated from the date of admission;
3. For those who have not given up their drug addiction after the compulsory drug detoxification period. For personnel, the compulsory drug detoxification center may put forward opinions and submit them to the public security organ that originally made the decision for approval to extend the compulsory drug detoxification period; however, the actual compulsory drug detoxification period shall not exceed one consecutive year.
The process of compulsory isolation and detoxification is:
1. Responsibility at the review stage: When investigating and handling illegal cases, if compulsory isolation and detoxification is really necessary, report to the person in charge of this administrative agency. It shall be implemented by more than two administrative law enforcement personnel;
2. Responsibility at the decision stage: The person in charge of this administrative agency shall make a decision on whether to impose compulsory isolation and detoxification based on the report. However, if the situation is urgent and administrative compulsory measures need to be implemented on the spot, the administrative law enforcement personnel shall report to the person in charge of the administrative agency within 24 hours and complete the approval procedures. If the person in charge of the administrative agency believes that administrative compulsory measures should not be taken, he shall immediately Lifted;
3. Responsibility in the notification stage: law enforcement officers notify the parties to be present and present their administrative law enforcement certificates. If the parties are not present, witnesses shall be invited to be present. Inform the parties on the spot of the reasons and basis for taking administrative compulsory measures, as well as the rights and relief channels that the parties enjoy in accordance with the law such as statement and defense. Listen to the statements and defenses of the parties and prepare on-site transcripts. The on-site transcripts shall be signed or sealed by the parties (witnesses) and administrative law enforcement personnel. If the party concerned refuses to sign or seal, it shall be noted in the transcript;
4. Responsibilities in the execution stage: take administrative coercive measures and carry out compulsory isolation and detoxification;
5. Others Laws, regulations and documents stipulate the responsibilities that should be fulfilled.
To sum up, local people’s governments at or above the county level can open drug rehabilitation centers based on the needs of drug rehabilitation work. Public welfare drug rehabilitation centers opened by social forces in accordance with the law should provide support and provide necessary services. Convenient and helpful. Those who live in detoxification centers are people who need rehabilitation treatment, not criminal suspects. Detoxification centers do not have the characteristics of prisons or labor camps. Detoxification patients are not discriminated against in terms of enrollment, employment, and social security.
Legal basis:
Article 38 of the "Anti-Drug Law of the People's Republic of China"
Persons addicted to drugs have one of the following circumstances: , the public security organs of the people's governments at or above the county level shall make a decision on compulsory isolation for drug detoxification:
(1) Refusing to accept community detoxification; (2) Ingesting or injecting drugs during community detoxification
(3) Serious violation of the community drug treatment agreement;
(4) Taking or injecting drugs again after undergoing community drug treatment or compulsory isolation drug treatment.
For those who are seriously addicted to drugs and are difficult to get rid of their drug addiction through community detoxification, the public security organs can directly make a decision on compulsory isolation and detoxification.
If drug addicts voluntarily undergo compulsory isolation and detoxification, they may enter a compulsory isolation and detoxification facility for detoxification with the consent of the public security organ.