Detention (confinement)
Detention is the process whereby a state or private citizen holds a person by removing or restricting their freedom or liberty at that time.
Detention can be due to (pending) criminal charges against the individual pursuant to a prosecution or to protect a person or property.
Being detained does not always result in being taken to a particular area (generally called a detention center), either for interrogation or as punishment for a crime (see prison).
Detainee is a term used by certain governments and their armed forces to refer to individuals held in custody, such as those it does not classify and treat as either prisoners of war or suspects in criminal cases.
Article 9 of the Universal Declaration of Human Rights provides that "[n]o one shall be subjected to arbitrary arrest, detention or exile.
[9] In some jurisdictions, individuals may be detained by police for questioning or for the execution of a search of a person, place, or thing.
The length of detention of suspected terrorists, with the justification of taking an action that would aid counter-terrorism, varies according to country or situation, as well as the laws which regulate it.
Before the Combatant Status Review Tribunals, created for reviewing the status of the Guantanamo detainees, the United States has argued that it is engaged in a legally recognizable armed conflict to which the laws of war apply, and that it therefore may hold captured al Qaeda and Taliban operatives throughout the duration of that conflict, without granting them a criminal trial.
[13] The U.S. government refers to these captured enemy combatants as "detainees" because they did not qualify as prisoners of war under the definition found in the Geneva Conventions.
Under the Obama administration the term enemy combatants was also removed from the lexicon and further defined under the 2010 Defense Omnibus Bill: Section 948b.
The maximum period is 20 days, and the court will deliver the detainee to the administrative detention facility of the public security department for execute.
Article 69 of the Criminal Procedure Law stipulates that if the public security organ considers a detained person to be arrested, it shall, within 3 days after detention, submit it to the investigation and supervision department of the People's Procuratorate for review and approval.
Under the Criminal Code, the penalty is ‘less severe than a fine’, but in the course of incarceration in a penal institution, a physical examination is carried out to identify the person to the extent necessary, or if necessary to maintain discipline and order in the penal institution, a physical examination is carried out.
[16] Article 9, part 1a of Wetboek van Strafrecht states that there are 4 kinds of primary punishment.
According to the Criminal Procedure Law, detention is restriction of one's freedom temporarily until either he stands trial in court or is set free to go.
Public prosecutor can order detention only if the measure is a requisite for investigation and there is concrete evidence that one is suspicious of a crime.
