Legal analysis
In the investigation stage, if the investigation organ arranges for the criminal suspect to meet with the lawyer hired or entrusted, the detention center shall examine the legal documents, lawyer's practice certificate, identity certificate, letter of introduction from the law firm, employment or power of attorney arranged or approved by the case-handling organ. If there are translators, the proof that the translators are allowed to attend the meeting shall be checked. Detention time: Under normal circumstances, the public security organ may detain the criminal suspect for 3 days; Under special circumstances, it can be extended by 1 to 4 days; For those who commit crimes on the run, commit crimes many times or commit crimes by gangs, it can be extended to 30 days, that is, the longest is 37 days. The arrest has been approved and entered the investigation stage, and the family members have not been notified. It is not appropriate to inform their families or relatives that there may be circumstances that hinder the investigation. According to relevant regulations, the longest period of criminal detention is 37 days (including the 7-day review period of the procuratorate). If you don't receive the arrest notice for 40 days, and the case-handling unit doesn't release people, it is illegal. You can ask the case-handling unit to explain the reasons, otherwise, you have the right to complain to the procuratorate. In the process of criminal proceedings, the actual extended detention mainly includes: 1, and the delay of approval procedure leads to extended detention. 2. After criminal detention, the compulsory measures are not changed during reeducation through labor, which leads to extended detention. 3. The court of second instance failed to make a judgment on the appeal case, which led to the prolonged detention. 4. This case resulted in prolonged detention during the transfer of criminal proceedings. 5. Extended detention occurs at the stage of case reporting for instructions or approval. Procedures for approving arrest and deciding on arrest: 1. The people's procuratorate requests the public security organ to approve the arrest procedure. When a public security organ requests the arrest of a criminal suspect, it shall, with the approval of the person in charge of the public security organ at or above the county level, make an approval letter of arrest in triplicate, and transfer it to the people's procuratorate at the same level for examination together with the case files and evidence. The people's procuratorate shall decide whether to approve the arrest of a criminal suspect who has been approved by the public security organ within 7 days; Those who are not detained shall make a decision on whether to approve the arrest within 15 days after receiving the application for approval of the arrest, and the major and complicated cases shall not exceed 20 days. After examination, the procuratorial organs made the following decisions respectively: those who meet the conditions for arrest, make a decision to approve the arrest, and make a decision to approve the arrest; For those who do not meet the conditions for arrest, make a decision not to approve the arrest, and if supplementary investigation is needed, make a decision not to approve the arrest, explain the reasons for not approving the arrest, and notify the public security organ at the same time.
legal ground
Article 91 of the Criminal Procedure Law of People's Republic of China (PRC), if the public security organ deems it necessary to arrest a detained person, it shall submit it to the people's procuratorate for examination and approval within three days after detention. Under special circumstances, the approval time can be extended by one to four days. For major suspects who commit crimes on the run, commit crimes many times or commit crimes in collusion, the time for submitting for examination and approval may be extended to 30 days. The people's procuratorate shall, within seven days after receiving the approval letter from the public security organ, make a decision on whether to approve or disapprove the arrest. If the people's procuratorate does not approve the arrest, the public security organ shall immediately release it after receiving the notice and promptly notify the people's procuratorate to execute it. Those who need to continue the investigation and meet the conditions of obtaining a guarantor pending trial or residential surveillance shall be granted a guarantor pending trial or residential surveillance according to law.