1, and the general period of criminal detention is 14 days, generally counting from entering the detention center. The investigation organ shall report to the procuratorate for approval of the arrest within 14 days, of which the time for the procuratorate to approve the arrest is 7 days, which is included in 14 days. If it is approved, it shall be arrested, otherwise the compulsory measures shall be lifted or changed;
2. The extended period of criminal detention is 37 days, of which the time approved by the procuratorate is 7 days. During this period, the investigation organ shall report to the procuratorate for approval of arrest, approval of arrest, or cancellation or change of compulsory measures.
The public security organ may summon the criminal suspect to make a statement and investigate after filing a case. Only then can we decide whether to take criminal detention on the suspect. If criminal detention is decided, it will be sent to the detention center. Those who do not take criminal detention may be released on bail pending trial or under residential surveillance. In criminal cases, the national criminal judicial organs usually take the initiative to intervene. After the victim or the masses report the case, the public security and procuratorial organs will intervene in the investigation. Then the people's procuratorate prosecuted the defendant on behalf of the state, and the court, as a judge of the law, conducted a fair trial to achieve the criminal law purpose of punishing criminals and protecting the people.
Conditions and restrictions of commutation
The conditions for commutation mainly include: preventing others from engaging in major criminal activities; Reporting major criminal activities inside and outside the prison, which is verified; There are inventions or major technological innovations; Sacrifice oneself to save others in daily production and life; Outstanding performance in resisting natural disasters or eliminating major accidents.
Limit of commutation: those sentenced to public surveillance, criminal detention or fixed-term imprisonment shall not be less than half of the original sentence; If a person is sentenced to life imprisonment, the sentence actually executed after commutation shall not be less than thirteen years; If a criminal whose death sentence is suspended is commuted to life imprisonment according to law after the expiration of probation, the actual sentence executed after commutation shall not be less than 25 years, and if it is commuted to 25 years after the expiration of probation, it shall not be less than 20 years.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 91 of the Criminal Procedure Law of People's Republic of China (PRC).
If the public security organ deems it necessary to arrest the 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.