According to the provisions of Article 82 of the Criminal Procedure Law, 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.
Article 91 of the Criminal Procedure Law stipulates 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.
Extended data
Failure to prosecute within the time limit shall be regarded as the end of the procedure.
Case Summary 2012 In July, Zhu Shengji was arrested by the People's Procuratorate of xuwen county, Guangdong Province on suspicion of intentional injury, and was prosecuted in August. 20 13 1, xuwen county procuratorate withdrew the prosecution, and xuwen county public security bureau withdrew the case. In February of the same year, xuwen county Public Security Bureau changed Zhu Shengji's compulsory measures to bail pending trial.
The Zhanjiang Municipal People's Procuratorate believes that the xuwen county Procuratorate has not made a decision not to prosecute Zhu Shengji within the time limit after withdrawing the prosecution, which can be regarded as the end of the criminal proceedings. Xuwen county Procuratorate paid personal freedom compensation of 4 1 000 yuan for Zhu Shengji to eliminate the influence, restore his reputation and apologize.
More than a year after the typical claimant changed the compulsory measures, the original case has not yet reached the final conclusion according to law, which leads to the failure to start the state compensation procedure. The reconsideration organ has determined that the criminal proceedings in the original case have ended according to law, and made a reconsideration decision in time, thus guaranteeing the right of the compensation claimant to obtain state compensation according to law.
Baidu encyclopedia-criminal detention
People's Daily Online-Highlight 8 typical cases of criminal compensation. If you are illegally detained for 4 days, you must pay compensation.