Criminal detention refers to the compulsory measures taken by the public security organs to temporarily restrict personal freedom against active criminals or major suspects who should be arrested in accordance with relevant regulations. It is a kind of litigation, which aims to ensure the smooth progress of criminal proceedings, and is not punitive in itself. The term of criminal detention is generally 10- 14 days, and the longest is 37 days. The longest period of criminal detention for ordinary active criminals and major suspects is 14 days, and the longest period of detention for major suspects who commit crimes on the run, commit crimes for many times, and commit crimes in collusion is 37 days.
After the parties are detained, the family members should immediately hire a criminal defense lawyer to intervene. Criminal cases and even criminal proceedings are carried out around evidence. The prosecution's accusation of criminal facts and the judge's conviction and sentencing must be supported by corresponding evidence. Among many evidences, the confession and excuse of the criminal suspect can be said to be the core of these evidences.
The investigation stage is the beginning of a criminal case and the basic stage to determine whether a criminal suspect has committed a crime and the severity of the crime. When the client is put into the detention center, his personal freedom is restricted, he is completely isolated from the outside world and relatively isolated, so it is difficult to keep a clear head to deal with the interrogation by the public security organs.
Sentencing standards for the crime of funding letters and visits;
1, knowing that others use the information network to commit crimes, providing them with technical support such as Internet access, server hosting, network storage, communication transmission, or providing them with assistance such as advertising promotion, payment and settlement, if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or shall only be fined;
2. If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the first paragraph;
3. Whoever commits the acts mentioned in the preceding two paragraphs and constitutes other crimes shall be convicted and punished in accordance with the provisions of heavier punishment.
To sum up, the detention period does not exceed 37 days, but you can arrest after the detention period expires.
Legal basis:
Article 91 of the Criminal Procedure Law of People's Republic of China (PRC)
If the public security organ deems it necessary to arrest the 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.
Article 287 bis
The crime of helping information network criminal activities is provided for others with technical support such as Internet access, server hosting, network storage and communication transmission. Commit crimes for them, or provide assistance in advertising promotion, payment and settlement. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the first paragraph.
Whoever commits the acts mentioned in the preceding two paragraphs and constitutes other crimes at the same time shall be convicted and punished in accordance with the provisions of heavier punishment.