1. How many days does it take to serve a sentence in a detention center?
There is no clear legal provision on how many days to serve in the detention center. Criminal detention, up to 37 days. However, if the court has accepted the case of public prosecution, it shall pronounce the sentence within two months, not more than three months at the latest; If there are special circumstances, it can be extended for three months. Therefore, it usually takes about half a year to sentence.
It is suggested to entrust a lawyer to handle the meeting, apply for bail pending trial on his behalf, keep abreast of the progress of the case and formulate a litigation plan beneficial to the parties; According to Article 96 of the Criminal Procedure Law, only lawyers can meet with criminal suspects before sentencing. Family members may consider entrusting a lawyer to the detention center to meet the criminal suspect, and carefully understand the specific process of the whole case and his confession to the public security organ. After the meeting, the lawyer will judge the circumstances of the crime and provide legal help and apply for bail pending trial in time; If the case is transferred to the procuratorate or the court, the defense lawyer can go to the procuratorate or the court to read the papers, collect the confessions, documentary evidence, physical evidence and other relevant evidence of the criminal suspect and other accomplices accused by the investigation organ, make a good defense plan after in-depth study, ensure that the defendant is innocent, mitigated, exempted from punishment or suspended during the trial, and safeguard the rights and interests of the defendant to the maximum extent.
Second, does it count as parole time for a criminal suspect to be held in a detention center?
The detention time of a criminal suspect in a detention center is counted as parole time.
Article 83 of the Criminal Law stipulates that the probation period of fixed-term imprisonment and parole is limited to the unfinished sentence; The probation period of parole for life imprisonment is limited to ten years. The probation period of parole shall be counted from the date of parole.
Third, the executive organ of criminal detention.
The executive organ of criminal detention is the public security organ. When the case-handling personnel of the public security organ think it is necessary to detain the criminal suspect, they shall fill in the Report on Requesting Detention, indicate the information of the criminal suspect and the reasons for detention, report it to the person in charge of the public security organ for examination and approval, and issue a detention permit; When the procuratorial organ detains a criminal suspect, the case-handling personnel shall put forward their opinions, the department heads shall review them, the procurator-general shall make a decision, and then serve them to the public security organ for execution.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 82 of the Criminal Procedure Law of People's Republic of China (PRC).
The public security organ may detain an active criminal 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.