1. If it is necessary to arrest, the application for approval of arrest shall be handled according to law within the detention period;
2 should be investigated for criminal responsibility, but there is no need to arrest, according to the law for bail or residential surveillance procedures, directly to the people's procuratorate;
3. If the facts of the crime cannot be ascertained during the period of detention, the investigation shall be continued after going through the formalities of obtaining bail pending trial or residential surveillance according to law;
4. If the case is dismissed, the detainee shall be released and a release certificate shall be issued.
According to the relevant provisions of China's criminal procedure law, detention is an urgent compulsory measure for active criminals and major criminal suspects. Theft will be questioned immediately after criminal detention, not the suspect will be released immediately; If there is theft, but it does not meet the constitutive requirements of theft, administrative punishment such as administrative detention shall be imposed; If it constitutes theft, it will be transferred to other compulsory measures, waiting for the case to be prosecuted.
Criminal detention refers to detention in criminal proceedings, and it is a compulsory method for public security organs and people's procuratorates to temporarily deprive a flagrante delicto or a major suspect of personal freedom in case of legal emergency during investigation. Criminal detention must meet two conditions at the same time: the object of detention is a flagrante delicto or a major suspect, and there is one of the legal emergencies.
Legal basis:
Article 86 of the Criminal Procedure Law of People's Republic of China (PRC)
The public security organ shall interrogate the detained person within 24 hours after detention. If it is found that it should not be detained, it must be released immediately and a release certificate will be issued. Article 82 The public security organ may detain a flagrante delicto or a major suspect in any of the following circumstances:
(1) Being prepared to commit a crime, committing a crime or being discovered 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.