Fines and detention for the same act of obstructing civil proceedings shall not be applied continuously.

Two, but the occurrence of new acts of obstruction of civil litigation, the people's court may impose a fine and detention again.

If there is no new act of obstructing civil proceedings, it is illegal to increase detention for 15 days.

Third, the court can easily find new reasons. It is normal to detain you for 15 days.

For example, you did not fulfill your obligations under legal documents in accordance with the enforcement notice and did not declare your property to the court; Or later found that you violated the "restriction of high consumption order"; Or you transfer property;

Or insulting, slandering, framing, beating or retaliating against administrative personnel; Or by violence, threats or other means to hinder judicial personnel from performing their duties. At different times and for different reasons, you can decide to detain him 15 days.

Four. Relevant provisions of the Civil Procedure Law

Article 1 1 1

If a litigant participant or other person commits one of the following acts, the people's court may impose a fine or detention according to the seriousness of the case; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(3) Hiding, transferring, selling off or destroying the property that has been sealed up or detained, or transferring the property that has been counted and ordered to be kept;

(4) Insulting, slandering, framing, beating or retaliating against judicial personnel, participants in litigation, witnesses, translators, expert witnesses, inspectors and assisting executors;

(5) Obstructing judicial personnel from performing their duties by violence, threat or other means;

(6) Refusing to perform a legally effective judgment or ruling of the people's court.

The people's court may impose a fine or detention on a unit that commits one of the acts listed in the preceding paragraph; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 115

The amount of personal fines is below100000 yuan. The amount of fines imposed on the unit is more than 50,000 yuan1000,000 yuan.

The period of detention shall not exceed fifteen days.

Detainees are handed over by the people's courts to the public security organs for custody. During the period of detention, if the detainee admits and corrects his mistake, the people's court may decide to terminate the detention in advance.

Article 116

Forcible summons, fines and detention must be approved by the President.

A subpoena should be issued.

Fines and detention shall be decided in writing. If you are not satisfied, you may apply to the people's court at the next higher level for reconsideration once. Execution shall not be suspended during reconsideration.

Extended data:

I. Administrative detention

Refers to the most severe punishment given to the general illegal acts in violation of the Law of People's Republic of China (PRC) on Public Security Administration Punishment, which is a kind of administrative punishment. The longest period of public security detention is 15 days (release at the expiration of the period shall be decided by the public security organ and executed in the administrative detention center; If you are not satisfied with the detention, you may bring an administrative reconsideration or administrative lawsuit). The time limit for combined execution of detention shall not exceed twenty days.

Two. criminal detention

Refers to the temporary compulsory measures taken by public security organs or people's procuratorates against active criminals or major criminal suspects in the investigation of criminal cases. The public security organ shall interrogate the detained person within 24 hours after detention.

If the detainee is arrested, he will be tried in accordance with the criminal procedure law. If acquitted after the trial, the arrested person can apply for state compensation. Criminal detention is not a punishment or sanction.

According to the provisions of Article 80 of the Criminal Procedure Law, the public security organ may detain a flagrante delicto or a major suspect in any of the following circumstances:

(1) being prepared to commit a crime, committing a crime or being discovered immediately after committing a crime;

(2) The victim or a witness on the spot identifies him as a criminal;

(3) Evidence of a crime is found around or at the residence;

(4) attempted suicide, escaped or escaped after committing a crime;

(5) It is possible to destroy or forge evidence or collude with others;

(six) do not tell the real name and address, and the identity is unknown;

(seven) suspected of committing crimes, committing crimes many times, and committing crimes in partnership.

The conditions for the people's procuratorate to decide on detention are:

(1) attempted suicide, escaped or escaped after committing the crime;

(2) It is possible to destroy or forge evidence or collude with others.

After the people's procuratorate decides to detain, it shall be executed by the public security organ.

The longest period of criminal detention is 37 days (the time limit for applying for approval of arrest can be extended to 30 days for the main suspects who commit crimes on the run, repeatedly commit crimes or commit crimes in partnership). The procuratorate must make a decision to approve or disapprove the arrest within 7 days.

Third, judicial custody.

One refers to the detention decision made directly by the people's court in the process of civil and administrative litigation or court execution, which hinders litigation activities (such as perjury, impacting the court, preventing witnesses from testifying, concealing the transfer of seized or detained property, preventing court staff from performing official duties and evading execution).

It is a compulsory measure, which is based on the Civil Procedure Law or the Administrative Procedure Law. The maximum time limit is fifteen days. The court will hand over the detainees to the public security organs for custody. If you are not satisfied, you can apply to the court for reconsideration. During the detention, the court will decide to explain in advance or release at maturity.

There is another kind in judicial custody: Article 134 of the General Principles of the Civil Law stipulates that when trying a civil case, the people's court may admonish it, order it to make a statement of repentance, confiscate the property and illegal income of illegal activities, and may impose fines and detention according to law. This shows that,

The detention stipulated in the General Principles of Civil Law is a kind of punishment that the people's court imposes short-term restrictions on the personal freedom of the perpetrators who seriously violate civil legal norms in the name of the state. This is the most severe punishment in civil sanctions.

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