1. What is the process after being detained in criminal detention?
1. After being detained in criminal detention, the process is to continue the investigation, hand it over to the investigation after the investigation, and decide whether to prosecute after the examination.
(1) investigation: this stage is called "investigation" from the moment when a person is arrested and the case is transferred to the procuratorate, which usually takes about three months;
(2) Review and prosecution: the case is transferred by the public security organ to the prosecution department of the procuratorate;
(3) Trial: The people's court shall, after examining the case in which public prosecution was initiated, decide to hold a hearing.
The families of the detainees are seriously ill and may not be able to visit them at home.
If a close relative of a criminal is seriously ill or dies, he shall promptly notify the criminal. When a prisoner's spouse, parents or children are critically ill, except for those who are seriously ill, with the consent of the case-handling organ and the approval of the public security organ, prisoners are allowed to visit at home under strict supervision.
2. Can citizens find a lawyer when they know that their family members are under criminal detention?
1. When citizens learn that their family members are under criminal detention, they can seek a lawyer.
(1) A criminal suspect has the right to entrust a defender from the day when he is interrogated for the first time by the investigation organ or takes compulsory measures; During the investigation, only lawyers can be entrusted as defenders. The defendant has the right to entrust a defender at any time.
(2) When interrogating a criminal suspect for the first time or taking compulsory measures against him, the investigation organ shall inform him that he has the right to entrust a defender. The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender. The people's court shall, within three days from the date of accepting the case, inform the defendant of the right to entrust a defender. If a criminal suspect or defendant requests to entrust a defender while in custody, the people's court, the people's procuratorate and the public security organ shall promptly convey it.
(3) If a criminal suspect or defendant is in custody, his guardian or near relative may entrust a defender. After accepting the entrustment of a criminal suspect or defendant, the defender shall promptly inform the case-handling organ.
2. The role of criminal defense lawyers.
(1) For criminal suspects during criminal detention, only lawyers can meet the suspects, but family members cannot visit them. In order to strive for the greatest rights and interests, lawyers need to be involved to understand the case.
(2) The entrusted lawyer can provide legal advice and represent the complaint and accusation.
According to the law, lawyers can provide legal advice to criminal suspects when they are first interrogated or meet with them after compulsory measures are taken. Due to the special identity and status of criminal suspects and the lack of legal knowledge, criminal suspects often dare not boldly safeguard their legitimate rights and interests because they don't know the law. Therefore, when the suspect is arrested, his family should immediately hire a lawyer for him. With the lawyer's timely consultation, the suspect will be clear-headed.
(3) Lawyers can apply for bail pending trial on their behalf, and apply for cancellation or change of compulsory measures on their behalf.
(1) After a criminal suspect is arrested, in order to solve the case quickly, interrogators may not always strictly abide by the law during interrogation, which may damage the legitimate rights and interests of the criminal suspect and even seriously infringe on the personal rights of the criminal suspect.
The suspect has no idea and doesn't know what to do. If a criminal defense lawyer is involved, the lawyer can complain and accuse the behavior instead of the criminal suspect. Supervise the interrogation process of case handlers at any time to truly protect the legitimate rights and interests of criminal suspects.
3. Will the public security organs release the detainees after interrogating them?
1. The public security organ may release the detained person after interrogating him.
The public security organ shall interrogate the detained person within 24 hours after detention. If it is found that it should not be detained, it must be released immediately and a release certificate will be issued.
2. For those who should be detained but fail to capture the criminal suspect, the public security organ needs to inform the procuratorate.
(1) After detaining a criminal suspect, the public security organ shall immediately deliver the execution receipt to the people's procuratorate that made the detention decision. The people's procuratorate shall interrogate the criminal suspect within 24 hours after detention. The people's procuratorate shall notify the family members of the detained person or the unit to which they belong within 24 hours, except in cases where the investigation is hindered or the notice cannot be given.
(2) If the public security organ does not arrest the criminal suspect, it shall notify the people's procuratorate that made the detention decision of the implementation and the reasons for not arresting the criminal suspect within 24 hours. Before the people's procuratorate revokes the detention decision of the fugitive criminal suspect, the public security organ shall organize its forces to continue the execution, and the people's procuratorate shall provide the public security organ with new information and clues in time.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: According to the provisions of Article 82 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) Those who are preparing to commit a crime, commit a crime or are found immediately after committing a crime; (2) The victim or a witness on the spot identifies him as a criminal; (3) criminal evidence is found around him or at his residence; (four) attempted suicide, escape or escape after committing a crime; (5) It is possible to destroy or forge evidence or collude with others; (six) do not speak the real name and address, the identity is unknown; (7) Being seriously suspected of committing crimes on the run, committing crimes for many times or committing crimes in association.