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Can the detention time be deducted from the sentence?

The detention period can be deducted from the sentence.

As a coercive measure that deprives people of personal freedom, detention has the same effect as other criminal coercive measures, which is to put the counterparty in a state of detention.

Based on the principle of commensurate crime and punishment, the person detained has already been partially punished, and the period of detention will be offset against the final sentence.

That is, if a detained person is transferred to a judicial authority on suspicion of committing a crime and is sentenced to public surveillance, criminal detention or fixed-term imprisonment in accordance with the law, one day of detention will be equivalent to two days of supervision and one day of criminal detention or fixed-term imprisonment.

The time and duration of the interrogation of detained persons shall be reasonably arranged, and the interrogation transcript shall be read and signed by the interrogated person.

Legal basis:

"Supervision Law of the People's Republic of China"

Article 43: When the supervisory authority takes retention measures, the supervisory authority shall Leaders collectively study and decide. When supervisory authorities below the districted city level adopt retention measures, they must report to the supervisory authority at the next higher level for approval. When provincial supervisory authorities take retention measures, they must report to the National Supervisory Commission for record.

The retention period shall not exceed three months. In special circumstances, it can be extended once, and the extension period shall not exceed three months. If supervisory authorities below the provincial level adopt retention measures, extension of the detention time must be reported to the supervisory authority at the next higher level for approval. If the supervisory authority finds that the detention measures taken are inappropriate, it shall be lifted promptly.

When the supervisory authority adopts detention measures, it may request the public security authority to cooperate according to work needs. The public security organs shall provide assistance in accordance with the law. Article 44: After detention measures are taken against a person under investigation, the unit and family members of the detained person shall be notified within 24 hours, but there are circumstances that may hinder the investigation, such as destroying or fabricating evidence, interfering with witness testimony, or colluding in confessions, etc. except. After the circumstances that hinder the investigation disappear, the unit and family members of the detained person should be notified immediately.

Supervisory agencies should ensure the food, rest and safety of detained persons and provide medical services. When interrogating detained persons, the time and duration of the interrogation shall be reasonably arranged, and the interrogation transcript shall be read and signed by the interrogated person.

If a detained person is transferred to a judicial authority on suspicion of committing a crime and is sentenced to public surveillance, criminal detention, or fixed-term imprisonment in accordance with the law, one day of detention shall be credited for two days of public surveillance, and one day shall be credited for criminal detention or fixed-term imprisonment. Article 45 The supervisory authority shall, based on the results of supervision and investigation, make the following dispositions in accordance with the law:

(1) For public officials who have committed illegal acts in their duties but the circumstances are relatively minor, they shall, in accordance with their management authority, directly or entrust relevant agencies , personnel, carry out conversations and reminders, criticize and educate, order inspections, or give admonishments;

(2) Warn, record demerits, record major demerits, demote, remove, expel, etc. public officials who have violated the law in accordance with legal procedures Decisions on government sanctions;

(3) For leaders who are responsible for not performing or incorrectly performing their duties, an accountability decision shall be made directly to them in accordance with their management authority, or they may be submitted to the authority that has the power to make an accountability decision. Accountability suggestions;

(4) For those suspected of duty-related crimes, if the supervisory authority determines after investigation that the facts of the crime are clear and the evidence is reliable and sufficient, they will prepare a prosecution opinion and transfer it to the People's Procuratorate together with the case file materials and evidence. Review and initiate public prosecutions in accordance with the law;

(5) Provide supervision suggestions on problems existing in the integrity construction and performance of duties of the unit where the supervision target is located.

If after investigation, the supervisory authority finds that there is no evidence to prove that the person under investigation has committed any illegal or criminal act, it shall withdraw the case and notify the unit where the person under investigation belongs.