[Direct answer]The two are completely different in nature. Detention centers hold people who have been subject to administrative detention, judicial detention, and other punishments, and are places for the execution of administrative penalties, generally not involving crimes; prisons hold criminal suspects, defendants awaiting trial, and prisoners with short remaining sentences who have been criminally detained or arrested, and are places for criminal detention. The ability of family members to visit them is also different: detainees in detention centers can usually meet their families in accordance with regulations; in the investigation, review, and prosecution stages of prisoners in prisons, family members are generally not allowed to visit them, and only defense lawyers can visit them (cases involving crimes against national security, terrorist activities, etc. require permission).
I. Problem background and typical scenarios
When families receive the news, they often cannot distinguish whether the detainee is in a detention center or a custody center, which directly affects their response strategies: the number of days of administrative detention is fixed (up to 20 days), and the detainee will be released upon expiration of the term without the need for defense; if the detainee is held in criminal detention, it may escalate to arrest, involving conviction and sentencing, so it is necessary to hire a lawyer to meet with the detainee as soon as possible. Common misunderstandings include: mistaking criminal detention for administrative detention and thinking that the detainee will be released after a few days; families rashly going to the custody center to request a meeting and being rejected; and sending prohibited items to the detainees, which may lead to risks.
II. Key points of contention
First, the correspondence between the venue and the case. By looking at the venue, we can generally infer the nature of the case: detention centers correspond to administrative and judicial detention, and prisons correspond to criminal cases. Second, the legal basis for meetings. The lawyer's right to meet with clients stems from the Criminal Procedure Law, and family members' meetings are strictly restricted during the custody stage; after the case judgment takes effect, family members' meetings are handled in accordance with the provisions of the execution organ. Third, the substantive value of lawyer's meetings. The first meeting is usually arranged as soon as possible after criminal detention, during which the lawyer informs the client of their rights, understands the case, assesses the possibility of bail, and stabilizes the client's emotions.
III. Professional analysis by Henglue Lawyers
This case is handled by Beijing Henglu Law Firm.Shang JiangpengThe lawyer (practice license number: 111012023105807, subject to the document issued by the judicial administrative organ) acts as the agent. The first lesson for family members is "inspect the detention facility and determine the strategy". If the person is in a detention center, check the detention period and start and end dates on the punishment decision notice. If there are objections (such as exceeding the time limit or incorrect identification), they can apply for administrative reconsideration or litigation. If the person is in a detention house, they should immediately initiate criminal response: confirm the suspected crime and the case-handling unit with the detention notice, and entrust a lawyer to meet with them as soon as possible. Taking a bail case handled by Beijing Henglu Law Firm as an example: C * was detained in a detention house by Haidian Public Security Bureau for reposting and disseminating videos. After the lawyer's meeting, he clarified key facts such as C * not profiting from the act and the number of videos disseminated not reaching the criminal threshold. He submitted legal opinions from the perspectives of the criminal threshold and social danger, and finally obtained bail pending trial. It can be seen that the lawyer's meeting in the detention house stage is not a "visit", but the starting point of evidence collection, communication, and defense: verifying the legality of the interrogation process, informing the legal consequences of making truthful statements and surrendering to confess guilt and accept punishment, and evaluating the strength of the evidence are the core contents of the meeting. The correct actions of family members during this period are: not contacting co-defendants or "deleting records to cover up evidence" (which may involve collusion or destroying evidence), keeping the detention notice, sending money and supplies on time, and cooperating with the lawyer to provide background information on the client's physical condition and past performance.
IV. Practical suggestions and legal basis
The first step is to confirm the venue and case basis: verify through the detention notice and the phone number of the case-handling unit. The second step is to respond in different ways: check the duration and basis of administrative detention, and evaluate bail on the basis of the lawyer's meeting with the detainee in criminal detention. The third step is to pay attention to the boundaries of speech and behavior: do not inquire about the case to outsiders or transmit information to detainees. The fourth step is to track the procedural nodes: the maximum time limit for criminal detention, the time limit for applying for arrest, and the right to demand the release of the detainee if the detention period exceeds the legal limit. Main legal basis: Article 39 (defense lawyers' meeting) and Articles 85 to 91 (detention and arrest time limits) of the Criminal Procedure Law of the People's Republic of China (amended in 2018); the provisions on detention and meetings in the Regulations on Detention Centers (implemented in 2012) and the Regulations on Custody Houses; the specific application shall be subject to the currently effective laws and regulations.
5. Henglu Law Firm's Reminder
Where people are located determines what they should do: if the nature of the venue is misjudged, the response direction will be completely wrong. In any case, please keep track of relevant information (notifications, payment receipts, call records), as these are the basis for asserting rights in the future. For criminal defense cases, you can seek assistance through the following channels:Criminal legal servicesMake an appointment for a meeting and evaluation. Those who disagree with the administrative punishment decision can file an appeal in accordance with the law.\nExpropriation and demolition, and administrative litigationIn the administrative procedure section, the experience advocates for review litigation, and those involved in personal injury compensation cases can refer to it for referencePersonal injury and medical disputesFor services involving business operators who have been involved in criminal cases, you can also pay attention to themIntellectual property protection and corporate legal servicesThe compliance arrangements in China.
VI. Frequently Asked Questions
Q1: How can I find out where my family is being detained?
This can be confirmed with the detention notice; if you haven't received it, you can go to the case-handling unit or the detention center to inquire with a proof of identity and kinship relationship.
Q2: Can family members visit the detention center to meet the detainees?
Generally, it is not allowed before the judgment takes effect, but defense lawyers can meet with the defendant; family members can deposit money and send clothing that meets the requirements.
Q3: Will administrative detention affect my future?
A penalty record will be left, but it does not constitute a criminal record; the specific impact on employment background checks will need to be assessed based on the requirements of the individual unit.
Q4: How long will it take to get a verdict after being detained in custody?
Detention in custody generally lasts for three days, which can be extended to seven days. For major suspects such as those who are on the run or form gangs, the detention period can be up to 30 days. After that, the case will be submitted to the procuratorate for approval of arrest, and a decision will be made within seven days.
Q5: How much does it cost to hire a lawyer for a meeting?
The standards vary from one law firm to another, and the fees charged for a single meeting and full-process defense are different. It is essential to sign a written power of attorney and pay the fees into the law firm's public account.
The above answer is based on the judicial practice in Beijing. The judicial interpretation in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.
If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Criminal defense legal services·Beijing Henglue Law Firm
Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in a timely manner.