According to the provisions of the Criminal Procedure Law, if the 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.
I. Characteristics of criminal detention
1. The organ that has the power to decide on detention measures is generally the public security organ. In self-investigation cases, people's procuratorates also have the right to detain criminal suspects who attempt to commit suicide, escape or escape after committing a crime, and who may destroy or falsify evidence or collude with others.
2, the people's court has no right to criminal detention. The court has the power to decide on judicial detention. If a litigant or other person commits one of the following acts, the people's court may impose a fine or detention according to the seriousness of the case; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) Forging or destroying important evidence, which hinders the people's court from hearing a case;
(2) using violence, threats or bribes to prevent witnesses from testifying or instigating, bribing or coercing others to commit perjury;
(3) Hiding, transferring, selling off or destroying the property that has been sealed up or detained, or transferring the property that has been counted and ordered to be kept;
(4) Insulting, slandering, framing, beating or retaliating against judicial personnel, participants in litigation, witnesses, translators, expert witnesses, inspectors and assisting executors;
(5) Obstructing judicial personnel from performing their duties by violence, threat or other means;
(6) Refusing to perform a legally effective judgment or ruling of the people's court.
General administrative detention can not exceed 15 days, and criminal detention can not exceed 30 days. Within 30 days, if there is no sufficient evidence, it is necessary to be released, or if it is considered necessary to investigate, you can get a bail pending trial.
Two, criminal detention needs to meet the following conditions:
(1) may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;
(2) may be sentenced to more than fixed-term imprisonment, but the implementation of bail pending trial will not cause social danger;
(3) Arrest is necessary, but it is not appropriate to arrest a woman who is seriously ill or pregnant and breast-feeding her baby;
(4) The case of detaining a criminal suspect or defendant cannot be settled within the statutory time limit of investigation, detention, examination and prosecution, first instance and second instance, and it is necessary to continue verification and trial.
When people's courts, people's procuratorates and public security organs decide to release a criminal suspect or defendant on bail pending trial, they shall order the criminal suspect or defendant to put forward a guarantor or pay a deposit.
If the suspect is arrested, the lawyer hired can apply for bail pending trial.
Police station detention can not be released on bail pending trial, only to apply for suspension of execution. If the punished person refuses to accept the decision on administrative detention and applies for administrative reconsideration or brings an administrative lawsuit, he may apply to the public security organ for suspending the execution of administrative detention.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 91 If a public security organ deems it necessary to arrest a detained person, it shall, within three days after detention, submit it to the People's Procuratorate for examination and approval. 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.