Criminal detention is one of the criminal compulsory measures, in addition to arrest, bail pending trial, residential surveillance and other compulsory measures. , similar to arrest, but the cycle is short.
First, is criminal detention a criminal compulsory measure?
Criminal detention is a compulsory measure, not a penalty. In order to ensure the smooth progress of criminal proceedings, the case-handling organ temporarily restricts or deprives the personal freedom of criminal suspects and defendants within a certain period of time, which is only a legal compulsory method.
Second, the duration of criminal detention.
For criminal detention decided by the public security organ according to law, the detention period is the sum of the time when the public security organ requests the people's procuratorate to approve the arrest and the time when the people's procuratorate examines and approves the arrest.
If the public security organ considers it necessary to arrest the detained person, it shall submit it to the people's procuratorate for examination and approval within 3 days after detention. Under special circumstances, with the approval of the person in charge of the public security organ at or above the county level, the time for submission for examination and approval may be extended by 1 to 4 days. With the approval of the person in charge of the public security organ at or above the county level, the time for reporting for examination and approval can be extended to 30 days for major criminal suspects who have committed crimes on the run, repeatedly committed crimes or committed crimes in partnership.
The people's procuratorate shall, within 7 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 the suspect 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.
The people's procuratorate shall make a decision within 14 days if it deems it necessary to arrest a case directly accepted. Under special circumstances, the time for deciding to arrest may be extended 1 to 3 days. Those who do not need to be arrested shall be released immediately. If it is necessary to continue the investigation and meet the conditions of residential surveillance on bail, the bail or residential surveillance shall be lifted according to law.
To sum up, in general, the longest detention period in criminal proceedings is 14 days. Major suspects who commit crimes on the run, commit crimes many times or commit crimes by gangs can be detained for up to 37 days.
According to Article 1 10 of the Regulations of the Ministry of Public Security, the crime of escaping refers to committing crimes continuously across cities and counties, or fleeing to other cities and counties to continue committing crimes after committing crimes at the place of residence; Multiple crimes refer to crimes committed more than three times; A partnership crime refers to a joint crime committed by two or more persons.
If a criminal suspect and his legal representative, close relatives or lawyers entrusted by the criminal suspect think that the detention has exceeded the statutory time limit, they have the right to lodge a complaint with the public security organ or the people's procuratorate and demand that the detention be lifted. If the situation is true after examination, the criminal suspect and defendant shall be released. If the examination has not exceeded the statutory time limit, it shall give a written reply to the applicant.
Third, the difference between criminal detention and administrative detention.
1, with different properties.
Criminal detention is a safeguard measure in criminal proceedings and a litigation act. Its purpose is to ensure the smooth progress of criminal proceedings, and it is not punitive in itself. Administrative detention is a punishment for public security management, and it is essentially an administrative punishment. Its purpose is to punish and educate people who commit ordinary illegal acts.
2. The legal basis is different.
Taking criminal detention in accordance with the provisions of the Criminal Procedure Law; Administrative detention shall be taken according to the Administrative Punishment Law, the Public Security Administration Punishment Law and other administrative regulations.
3. Different applicable objects
Criminal detention is applicable to flagrante delicto or major criminal suspect in criminal cases. Administrative detention is applicable to people who have ordinary illegal acts. There is a boundary between crime and non-crime.
4. Different periods of detention
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. The longest period of administrative detention is 15 days.
According to the law, we can know that criminal detention is a compulsory measure, not a penalty, but a legal compulsory method to restrict or deprive the person of his personal freedom in order to ensure the smooth progress of criminal proceedings.
Legal objectivity:
Article 66 of the Criminal Procedure Law of People's Republic of China (PRC), the people's courts, people's procuratorates and public security organs may, according to the circumstances of the case, summon a criminal suspect or defendant, obtain a guarantor pending trial or place him under residential surveillance. Article 82 of the Criminal Procedure Law of People's Republic of China (PRC) * * * A flagrante delicto or a major suspect under any of the following circumstances may be detained by the public security organ in advance: (1) A person who is preparing to commit a crime, commits a crime or is 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.