1. What is the nature of criminal detention? If you receive the notice of criminal detention of relatives and friends served by the public security organ and learn that relatives and friends are detained in the detention center, you will have doubts. What is criminal detention? Is it serious? Criminal detention is a compulsory measure. When a citizen is suspected of committing a crime, the public security organ has the right to impose criminal detention on him according to law for further investigation. At the same time, the law stipulates that when a public security organ detains a criminal suspect, it shall inform the detainee's family or unit of detention of the reason and place of detention within 20 hours. Of course, if the detainee refuses to provide the address of his family members or the address provided is wrong, it may also lead to the situation that the family members cannot receive the detention notice in time. 2. What is the longest period of criminal detention? According to the law, the longest period of criminal detention is 37 days. If the public security organ fails to request the procuratorate to arrest within 37 days, it must release or change the compulsory measures for residential surveillance. If the procuratorate approves the arrest within 37 days, the suspect will be extended to the court for trial and finally convicted and sentenced by the court. 3. During criminal detention, can family members see the detainees? From the date of the detainee's criminal detention to the court's judgment, family members cannot meet their families. According to the law, during this period, only lawyers entrusted by family members (immediate family members) can meet. If the family members want to know the details of their suspected relatives and their living conditions in the detention center in time, entrusting a lawyer can solve the above problems, and entrusting a lawyer as soon as possible can effectively safeguard the legitimate rights and interests of relatives. The final results of many cases we represent have proved this point. 4. What is bail pending trial and what are the conditions for applying for bail pending trial? Bail pending trial, also known as bail, is also a compulsory measure, but compared with criminal detention, there are fewer restrictions on the personal freedom of criminal suspects and there is no need to be detained in detention centers. Lawyers and relatives can apply for bail pending trial for criminal suspects. The object of application of bail pending trial is criminal suspects who may be sentenced to short-term imprisonment, and the decision-making organs may be courts, procuratorates and public security organs. Once released on bail pending trial, the applicant shall provide money guarantee or guarantor guarantee. 5. Can criminal cases be mediated? Many family members ask whether the suspect can come out if the victim does not sue or withdraw the lawsuit. This involves the question of whether criminal cases can be reconciled. According to the provisions of China's criminal law, only the civil part of a criminal case can be mediated, that is, if the victim's personal or property damage is caused by a criminal act, both parties can reach a mediation agreement on compensation, but the criminal part (sentencing) cannot be mediated. Therefore, in criminal cases, there is no question of whether the victim will prosecute. Only the procuratorate can prosecute the suspect on behalf of the state and pursue its criminal responsibility. 6. How long does it take for the suspect to appear in court from the day he is arrested? Criminal cases generally go through three stages: criminal investigation by public security organs, examination and prosecution by procuratorates and trial by courts. The law stipulates that each stage has a corresponding period. If a criminal suspect is arrested after criminal detention, it usually takes 4-6 months to be transferred to the court for trial, and the time can be extended accordingly under special circumstances. 7. What can relatives do for him when he is locked in a detention center? When you learn that your relatives are being held in the detention center, you should first be calm and calm. You should immediately ask the public security organs or detention centers about your relatives and seek advice and help from legal professionals. For example, a professional criminal defense lawyer can help you. Don't go to the hospital in a hurry, blindly listen to the rumors that others lie and say that spending money can "get out" their loved ones, so as not to be deceived and hurt again. The detention center will provide clothes and daily necessities, and family members don't have to send clothes in, so all items can't be sent in. If the economy permits, you can remit money to your relatives in the service hall of the detention center for them to spend. 8. Can entrusting a lawyer play a role? In nature, the criminal detention of a criminal suspect is only a legal criminal suspect, and all citizens may not be found guilty without a court decision. From the structure of handling criminal cases, the public security organ is responsible for investigation, the procuratorate examines and prosecutes, the lawyer defends and the court adjudicates in the middle. Therefore, the functions of public security organs and procuratorates are to represent the country and investigate crimes, and the functions of lawyers are to defend criminal suspects and safeguard their legitimate rights. If a citizen is innocent, he needs the help of a lawyer. Even if it constitutes a crime, he should not be deprived of his due rights, especially the right to defend himself and entrust a lawyer to defend him. Therefore, the role of attorney must be of great help to your relatives. 9. What should I pay attention to if I decide to hire a lawyer to provide legal services for my relatives? 1 Believe in professionalism and market. Like hospitals, the legal profession is divided into different occupations. Every lawyer has his own specialty. Some lawyers are good at handling labor cases, some lawyers are good at economic disputes, and some lawyers focus on criminal defense. Therefore, professional criminal defense team lawyers should be hired in criminal cases. Don't blindly trust lawyers introduced by friends. Acquaintances can't replace the power of occupation and market. After all, interlacing is like a mountain. Only professional criminal lawyers can provide better service quality and effect in criminal cases. It is thankless to ask a lawyer from home. Many parties think that lawyers in their hometown are more reliable, so they hire lawyers in their hometown instead of choosing local lawyers. In fact, in addition to gaining a psychological "sense of reliability", the parties are more unfavorable in terms of cost and handling affairs. First of all, it is more expensive to hire a lawyer in my hometown, because in addition to paying, I have to pay all the transportation and accommodation expenses; Secondly, more importantly, local lawyers have incomparable advantages and convenience in handling affairs. (3) When hiring a lawyer, you should go through the relevant entrustment procedures and check the lawyer's practice license and the license of the law firm to avoid unnecessary disputes caused by unqualified lawyer qualifications or unclear entrustment and delay the matters entrusted by you; (4) to hire a lawyer, you need to provide proof of immediate family members, such as a copy or fax of the household registration book or ID card, and sign an entrustment contract and a power of attorney with the law firm.
Legal objectivity:
Criminal procedure law
Article 91
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.