There are three kinds of detention time:
1, criminal detention, generally not more than 14 days, the longest not more than 37 days;
2, administrative detention, decided by the public security organ or the people's Procuratorate, executed by the public security organ, the longest 15 days;
3. Judicial detention shall be decided by the people's court and executed by the judicial police of the people's court. The longest time is 15 days. Usually, public security detention lasts from 1 to 15 days, and the combined execution does not exceed 20 days.
Penalty standard for selling black oil:
1, if the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times the illegal income or confiscated property;
2. For individuals, the amount of illegal business operations is more than 50,000, or the illegal income is more than 1 10,000, which can constitute a crime;
3. For the unit, the amount of illegal business operation is more than 500,000 yuan or the illegal income is more than 6,543,800 yuan, which can constitute a crime.
To sum up, those caught selling waste oil shall be detained for more than 10 days and less than 15 days; If the circumstances are minor, they shall be detained for more than five days and less than ten days. Whoever, in violation of state regulations, manufactures, sells, stores, transports, mails, carries, uses, provides or disposes of explosive, toxic, radioactive and corrosive substances or infectious disease pathogens shall be detained for more than 10 days and less than 15 days; If the circumstances are minor, they shall be detained for more than five days and less than ten days. Whoever, without permission, deals in franchises, monopoly commodities or other commodities whose operation is restricted by laws and administrative regulations, thus disrupting the market order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than one time but not more than five times the illegal income. If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times his illegal income or his property shall be confiscated.
Legal basis:
Article 225 of the Criminal Code of People's Republic of China (PRC).
The crime of illegal business operation violates the provisions of the state and commits one of the following illegal business operations, disrupting the market order, and if the circumstances are serious, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than one time but not more than five times the illegal income; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times for illegal gains or confiscation of property:
(a) operating a franchise or monopoly commodity or other commodities whose operation is restricted by laws and administrative regulations without permission;
(2) buying and selling import and export licenses, import and export certificates of origin and other business licenses or approval documents stipulated by laws and administrative regulations;
(three) without the approval of the relevant competent departments of the state, illegally engaged in securities, futures, insurance business, or illegally engaged in fund payment and settlement business;
(four) other illegal business activities that seriously disrupt the market order.