According to the provisions of the current "Criminal Procedure Law", the following procedures are required:
1. Within 30 days at most after criminal detention, the investigation agency has the right to make a decision to release on bail pending trial or residential surveillance for criminal suspects who meet the conditions for release on bail pending trial or residential surveillance; for those who do not meet the conditions for release on bail pending trial or residential surveillance, the investigation agency shall report to the procuratorate The investigation and supervision department requested arrest;
2. After receiving the request for arrest, the investigation agency shall make a decision to arrest or not to arrest within seven days at the latest; after receiving the decision not to arrest, the criminal suspect must immediately change the compulsory measures to release on bail pending trial or residential surveillance.
Third, under normal circumstances, within two months of the arrest of an arrested criminal suspect, and within one year of a criminal suspect who has been released on bail pending trial and placed under residential surveillance, the investigative agency will continue to investigate and interrogate him.
The above all belong to the investigation stage of the case.
4. After the investigation phase is over, the case enters the review and prosecution phase:
The public prosecution department of the procuratorate is responsible for this phase of work; generally speaking, the time limit for this phase does not exceed one and a half months ; During this period, if the public prosecution department believes that the evidence is insufficient, it has the right to return the case to the investigative agency for supplementary investigation, commonly known as "return and supplement", or it can investigate on its own; You can also investigate on your own; the limit of two refunds is one month each time; if there is still insufficient evidence for two refunds, a decision not to prosecute will be made in accordance with the law and the criminal suspect in custody will be released.
5. After the procuratorate files a public prosecution with the court, the case enters the court trial stage:
Generally, the time limit for the court trial stage is one and a half months; during this period, the procuratorate has the right to When a trial is postponed, the defender has the right to apply for new evidence, and the defendant's possible behavioral capacity assessment, etc., will not be included in the trial time limit.
Extended information:
According to the "Detention Center Regulations":
Chapter 1 General Provisions
Article 1 is to regulate the establishment of detention centers and manage, discipline and educate detainees, protect the legitimate rights and interests of detainees, and formulate these regulations in accordance with the provisions of relevant laws.
Article 2 The detention of the following persons shall be carried out in a detention center:
(1) Those who are given administrative penalties of detention by the public security organs or national security organs in accordance with the law;
(2) Detained by the people's court in accordance with the law.
Article 3 Detention centers shall protect the personal safety and legitimate rights and interests of detainees in accordance with the law, and shall not insult, corporally punish, or abuse detainees, nor may they instruct or condone others to insult, corporally punish, or abuse detainees.
Detainees should abide by laws, administrative regulations and detention center management regulations, obey management, and receive education.
Article 4 The public security department of the State Council is responsible for the management of detention centers nationwide. The public security organs of local people's governments at or above the county level are responsible for the management of detention centers within their respective administrative regions.
Chapter 2 Detention Centers
Article 5 Local people’s governments at or above the county level shall establish detention centers as necessary. The establishment and dissolution of detention centers shall be approved by the public security organs of local people's governments at or above the county level in accordance with prescribed powers and procedures.
Article 6 Detention centers shall set up detention areas, administrative office areas and other functional areas in accordance with the prescribed construction standards.
Article 7 Detention centers shall be equipped with weapons, police equipment, transportation, communications, technical defense, medical, fire-fighting and other equipment and facilities in accordance with regulations.
Article 8 The funds required for detention centers shall be included in the financial budget of the people's government at the same level.
Chapter 3 Detention
Article 9 The detention center shall promptly deliver the detention decision document to the detention decision-making authority. If off-site detention is required, the detention decision-making authority shall issue relevant legal documents and proof that off-site detention is required, and shall be approved by the public security authority in charge of the off-site detention center.
Article 10 The detention center shall inform detainees of the rights they enjoy in accordance with the law and the regulations they must abide by.
After a detention center takes a detainee into custody, the agency that decides to detain the detainee shall promptly notify the detainee’s family.
Article 11: When a detention center takes a detainee into custody, the person and property of the detainee shall be inspected. Detainees' non-daily necessities and cash should be registered in the detention center and kept in a unified manner. Contraband and other items involved in the case discovered during the inspection shall be handed over to the agency that made the detention decision for handling in accordance with the law.
Physical inspections of female detainees should be conducted by female people's police.
Article 12 If the detention center discovers that the detainee may have been wrongly detained, it shall notify the detention decision-making authority, and the detention decision-making authority shall make a decision within 24 hours; in accordance with the "Public Security Administration Punishment Law of the People's Republic of China" "Article 21 of the Regulations stipulates that if the person should not be detained, the detention center shall not detain the person, and the detention decision-making authority shall be notified.
Article 13: If a detention center discovers that a detainee is addicted to taking or injecting drugs, the detention center shall provide the detainee with necessary drug treatment, and request the competent public security agency of the detention center to carry out community detoxification or compulsory isolation detoxification for the detainee in accordance with the law. decision.
Chapter 4 Management and Education
Article 14 Detention centers should establish a duty inspection system and emergency response mechanism. On-duty inspection personnel should strictly adhere to their posts, report problems in a timely manner and handle them appropriately.
Detention centers should install surveillance video equipment to monitor the safety of detainees.
Article 15 Detention centers shall implement classified detention and classified management of detainees based on their gender, age, and other management needs.
Female police officers are responsible for the direct management of female detainees.
Article 16 Detention centers should establish management files for detainees.
Article 17 Detention centers shall provide detainees with food in accordance with prescribed standards and respect the ethnic dietary habits of detainees.
Article 18 Detention centers should establish a medical, health and epidemic prevention system and do a good job in disease prevention, epidemic prevention and treatment.
Detention centers should promptly treat sick detainees. If a detainee is sick and needs to be treated outside the detention center, the director of the detainee shall approve and assign people's police to manage the detainee; if a detainee has an infectious disease and needs isolation treatment, the detainee shall take measures to isolate the detainee for treatment.
If the detainee's condition is serious, the detention center shall immediately take first aid measures and notify the detainee's relatives.
Article 19: If a detention center discovers that a detainee has any of the following circumstances, it shall recommend to the detention decision-making authority to make a decision to terminate the detention:
(1) Suffering from mental illness, Infectious diseases that require isolation and treatment;
(2) The condition is serious and may endanger life safety.
Article 20: Daily necessities obtained by a detainee during detention shall be inspected and registered by the detention center and then transferred to the detainee. Detention centers are not allowed to accept any items other than daily necessities.
Article 21 Detention centers should provide legal education and moral education to detainees, and organize detainees to carry out appropriate cultural and sports activities.
Detention centers should ensure that detainees have no less than two hours of outdoor activity time every day.
Detention centers shall not force detainees to engage in productive labor.
Article 22 If detainees report or expose illegal and criminal acts that are verified to be true, or if detainees stop illegal and criminal acts, the detention center shall praise them.
Article 23: If a detainee commits any of the following illegal acts, the detention center may reprimand him, order him to repent, or use police equipment:
(1) Making noise, Fighting or brawling;
(2) Beating or bullying others;
(3) Intentionally damaging or destroying the property of the detention center or other people’s property;
( 4) Premeditated or escaping;
(5) Other serious violations of management regulations.
The use of police weapons by the people's police of the detention center against detainees must be approved by the director of the detention center and comply with the provisions of relevant laws and administrative regulations.
Article 24 If a detainee is suspected of a new crime or crime while being detained, the detention center shall report it to the public security agency in charge of the detention center for handling; if the detention center discovers that the detainee is suspected of other crimes or crimes before being taken into custody, If the case is detained, the organ that made the detention decision shall be notified or reported to the public security organ in charge of the detention center for handling.
Article 25: Detention centers should protect the rights of detainees: Detention centers should protect detainees’ rights to communicate during their detention and shall not inspect or seize communications between detainees and others. Detainees shall abide by the communication management regulations of the detention center.
Article 26 Detention centers should protect detainees’ communication rights: Detention centers should protect detainees’ rights to visit during detention. Detainees must abide by the detention center interview regulations.
Meetings with detainees shall be conducted at the detention center meeting place with valid identity documents at the specified time.
A lawyer who is entrusted by a detainee to meet with a detainee must also hold a lawyer's practicing certificate, a law firm certificate, a power of attorney or an official legal aid letter.
Article 27: When a detainee takes an exam, gives birth to a child, or a close relative is critically ill or dies, the detainee or his close relative may apply for leave from the detention center.
The application for leave will be reviewed by the detention center and then reported to the decision-making authority of the detention center for approval. The decision-making authority shall decide whether to approve the detainee or his close relatives to leave the detention center within 12 hours after the detainee or his close relatives apply.
The time a detainee takes for leave will not be included in the period of detention.
Article 28: When a detainee or his close relative applies to leave the detention center, he or she shall submit a guarantor or deposit a bond to the detention decision-making authority. The management of guarantors and deposits shall be carried out in accordance with the relevant provisions of the "Public Security Administration Punishment Law of the People's Republic of China".
If a detainee fails to return within the time limit for leave, the agency that made the decision to detain him or her will be responsible for taking him back to the detention center for detention.
Article 29: If a detainee reports or accuses, applies for administrative reconsideration, files an administrative lawsuit, or applies for a stay of detention, the detention center shall transfer the relevant materials to the relevant authorities within 24 hours, and shall not review or file the case. Seizure.
Reference: Baidu Encyclopedia-Detention Center Regulations