According to the provisions of the Criminal Procedure Law, criminal detention is divided into three situations: 10, 14 and 37.
Criminal detention is an emergency measure before arrest, and only those who have no time to apply for an arrest warrant will be temporarily detained. Immediately after detention, you should apply to the procuratorate for approval of arrest.
The above is an example:
10 day (the public security organ applies to the procuratorate for approval of arrest within 3 days, and the procuratorate decides whether to arrest within 7 days, so 10 day)
14 days (for complicated cases, the application period can be extended by 4 days, 7 days for arrest, 7+7= 14 days).
37 days (for complex gang crimes, fugitive crimes and multiple crimes, the applicable period can be extended to 30 days, 7 days for arrest, 30+7=37 days).
Once the procuratorate approves the arrest, the detention period must wait until the court makes a judgment and the suspect is convicted.
Second, how long is the investigation detention period?
1, 2 months
2.+1 month (the case is complicated and reported to the higher procuratorate for approval)
3, +2 months (major and complicated, reported to the provincial procuratorate for approval)
4.+2 months (on the basis of the above 2+ 1+2=5 months, it may be sentenced to more than 10 years in prison, which will be re-approved by the provincial procuratorate).
Therefore, under normal circumstances, the public security organ must end the investigation within 2+ 1+2+2=7 months and hand over the case to the procuratorate, otherwise it must release people.
The most special case-postponement of the trial: the public security organ needs to report to the Supreme People's Procuratorate, and the Supreme People's Procuratorate will report to the National People's Congress Standing Committee (NPCSC) for approval.
When the police end the investigation and hand over the case to the procuratorate for review, the procuratorate's review is also limited (because the suspect may still be locked up at this time and may be wronged, so we must improve the efficiency of handling cases and try our best to protect the rights of the suspect. ) This period is 1 month+half a month = 1 half a month.
After examination, decide not to prosecute or decide to prosecute. If you don't sue, you will be released. If prosecuted, the case will be transferred to the court. Time limit of first instance 1 month+half a month+1 month (approved by the provincial high court) =2 and a half months.
If there is a second trial, the duration of the second trial is the same as that of the first trial.
After the trial, the verdict, guilty-handed over to the prison for execution (if shot, the court will come by itself), not guilty-was released.
Matters needing attention
If you have been detained in criminal detention, according to the provisions of the Criminal Procedure Law, only lawyers can go to the detention center to meet the criminal suspect.
If conditions permit, close relatives can consider entrusting a lawyer to meet the criminal suspect at the detention center as soon as possible, so as to learn the most true story and appease the emotions of the criminal suspect.
After the meeting, the lawyer made a preliminary judgment on the circumstances of the crime to see whether it constituted a crime or whether there were any lighter or mitigated punishment circumstances such as surrender, meritorious service, accomplice and attempted crime. And provide legal assistance and apply for bail pending trial in time.
Third, the role of lawyers in the investigation stage.
In the investigation stage, after the public security organs, people's procuratorates and other investigating legal organs interrogate the criminal suspect for the first time or take compulsory measures, lawyers can accept the employment of the criminal suspect or his relatives, or other people entrusted by the criminal suspect to provide legal advice to the criminal suspect. If a criminal suspect is extorted by torture or detained for an extended period of time, he has the right to appeal and accuse on his behalf. If a criminal suspect is detained, he may apply for bail pending trial.
1. After accepting the entrustment, the lawyer got in touch with the investigation organ, asked the investigation organ about the alleged charges of the criminal suspect, and put forward specific requirements for meeting the criminal suspect in time.
2. When a lawyer meets a criminal suspect, he can ask him about the case.
3, the lawyer met with the suspect to provide legal advice, including the following contents:
(1) Legal provisions on the conditions, duration and applicable procedures of compulsory measures;
(two) the legal provisions for the withdrawal of investigators, prosecutors and judges;
(3) The criminal suspect has the obligation to answer the investigators' questions in time and has the right to refuse to answer questions irrelevant to the case;
(4) A criminal suspect has the right to request to write his own confession, the right to check, supplement, correct and supplement the interrogation record made by investigators, and the obligation to sign or seal the record after admitting that it is correct;
(5) The criminal suspect has the right to request the investigation organ to inform him of the expert conclusion used as evidence, and to apply for supplementary expert evaluation or re-expert evaluation;
(6) The right of defense enjoyed by the criminal suspect;
(7) The right of appeal and accusation enjoyed by criminal suspects;
(8) the relevant provisions of the criminal law on the suspected charges of criminal suspects;
(9) relevant provisions of the criminal law on surrender and meritorious service;
(10) Legal provisions on investigation jurisdiction of criminal cases;
4. Apply for bail pending trial for the criminal suspect.
Lawyers can apply for bail pending trial if they believe that the detained criminal suspect meets the conditions of bail pending trial after learning about the charges charged by the criminal suspect from the investigation organ and meeting with the criminal suspect;
(1) The circumstances involved by the criminal suspect comply with Article 5 1 of the Criminal Procedure Law;
(2) The criminal suspect is seriously ill;
(3) The criminal suspect is pregnant or breastfeeding his own baby;
(4) The measures taken by the investigation organ to detain or arrest the criminal suspect exceed the statutory time limit.