First, how long will the family members be notified when they are detained in criminal detention?
After criminal detention, the family members of the detained person shall be notified within 24 hours after detention.
Legal basis: Article 85 of the Criminal Procedure Law. When a public security organ detains a person, it must produce a detention permit.
After detention, the detained person shall be immediately sent to the detention center for custody, and shall not exceed twenty-four hours. Unless it is impossible to notify or the notification of suspected crimes endangering national security or terrorist activities may hinder the investigation, the family members of the detained person shall be notified within 24 hours after detention.
After the circumstances that hinder the investigation disappear, the family members of the detained person shall be notified immediately.
The public security organ will inform a certain person of his criminal detention in the form of a notice of criminal detention. The Notice of Criminal Detention is a formal judicial document handed over by the public security organs to the families of the parties involved in the case in accordance with the relevant provisions of the Criminal Procedure Law. It is an official document issued in the name of the Public Security Bureau, indicating that the parties involved have taken compulsory measures of "criminal detention".
If you have not received the notice of criminal detention, your family members can do the following:
1. Ask the local public security organ about the situation and see if there are any reasons such as the criminal detention notice is still in the mail or the mailing address is wrong.
2. If the above reasons do not exist and the public security organ is suspected of violating the law, it can actively collect evidence and complain to the public security organ at the next higher level.
2. What is the longest period of criminal detention?
The term of criminal detention refers to 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.
Duration of detention by public security organs (Article 89 of the Criminal Procedure Law)
3 days +7 days;
7 days +7 days: postponed under special circumstances 1~4 days;
30 days +7 days: many times, fleeing in groups;
(7 days is the time for the procuratorate to review and approve the arrest)
Detention period of procuratorate: 14 days or 17 days.
Calculation method: 7 days +7 days, which can be extended by 1-3 days under special circumstances.
Legal basis: Article 91 of the Criminal Procedure Law states that if a 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.
3. Will you be sentenced if you are detained in criminal detention?
Not necessarily. Whether to sentence or not should be decided after the subsequent trial.
Generally speaking, within 24 hours of detention, the public security organs interrogate the detainees according to law. If they think they are not suspected of committing a crime, they should not be detained. They must be released immediately and issue a release certificate.
If criminal detention continues, the case will enter the criminal proceedings, and then the criminal case will enter the trial proceedings. The court will judge whether the perpetrator is sentenced according to the specific circumstances.
4. What can families in criminal detention do?
First of all, we should know that family members are not allowed to visit during criminal detention.
What can be done includes preparing basic clothes for the perpetrators and bringing a detention notice when sending money and goods to the detention center for the first time.
Family members should consult a professional criminal lawyer as soon as possible, or hire a lawyer to meet the people involved in the detention at the detention center. Lawyers can roughly judge the trend of the case and plan the next measures and methods.
Unless it is impossible to notify or the notification of suspected crimes endangering national security or terrorist activities may hinder the investigation, the family members of the detained person shall be notified within 24 hours after detention. After the circumstances that hinder the investigation disappear, the family members of the detained person shall be notified immediately.