Public security organs have no right to approve the arrest of criminal suspects.
If the public security organ believes that a person has "criminal facts and should be subject to criminal punishment", it may, with internal approval, take compulsory measures of criminal detention. Of course, criminal detention is not unlimited. According to the relevant laws and regulations, the public security organ shall submit the criminal suspect to the procuratorate for examination and arrest within three days after detention. Under special circumstances, it can be extended for one to three days, and it can be extended to thirty days for those who commit crimes on the run, by gangs or for many times.
After receiving the public security organ's examination and approval of the arrest, the procuratorate shall make a decision on whether to approve the arrest within seven days. If the procuratorate believes that the suspect does have criminal facts and sufficient evidence, it will make a decision to approve the arrest. In other words, the longest period for a suspect to be detained is 37 days.
On the other hand, people's procuratorates will be very cautious when examining and approving arrests. After all, the responsibility for unjust, false and misjudged cases is very strict now. In case of any problems, the responsibility of the manager and the responsible person will be seriously investigated. What's more, if the procuratorate approves the arrest and finds that the defendant has not committed a crime at the trial stage, the main body of state compensation is the procuratorate. Because of this, the procuratorate will make a decision to approve the arrest when the evidence is really sufficient.
This means that most of the arrested suspects are guilty, and they know very well that this time imprisonment is inevitable. Therefore, before the trial, they will not panic and fear, but wait for the "transfer base" to go to prison.
There are three main ways out: first, acquittal, second, bail pending trial, and third, completion of execution.
Some people think that detention does not constitute a crime at all, and want the case-handling organ to find out the facts of the case and release people as soon as possible; Some people will think that no matter whether the final charges are established or not, they want to be released on bail before the case goes to court, and people can come out first without staying in the detention center, and if they can be released on bail, the high probability will not be too heavy in the end.
The approval and arrest of criminal cases is an extremely important link. In cases of obvious innocence or minor circumstances, the public security organ may not make an arrest, and the procuratorate may not approve the arrest. Once the arrest is approved, it proves that the case-handling organ initially believes that the party concerned is guilty.
For criminal cases with certain defense space, both parties and lawyers hope to actively fight for it within 37 days. It is also important to apply for bail whether you are innocent or not. First, compared with the follow-up procedure, the case successfully defended within 37 days is more likely, and there is no trivial matter in criminal cases, so it should be sooner rather than later; Second, everyone inside wants to go out early. It's best to be acquitted, but you can't bail. If it really doesn't work, then go to court early and make an early judgment.
What's the feeling of waiting for the trial verdict in the detention center?
Life in the detention center is very difficult. Every day, there are fixed people, fixed schedules and fixed life contents. After a long time, you will be confused, have no goal, and the whole person will be depressed. In the back, even if you are arraigned, you will feel a little excited. After all, you can meet different people.
After the arrest is approved, it means waiting for prosecution. The general process is to receive the indictment served by the procuratorate within two to three months after the arrest is approved. The case of hacking people in Kunshan is the result of great attention and full cooperation from all departments. In normal times, the evidence collection stage has not been completed in five days.
After receiving the indictment, I was psychologically relaxed, and I was very concerned about how much and how to sentence. If the circumstances are minor, I hope to finish my sentence as soon as possible, get out of prison or get a bail pending trial. If the circumstances are serious, I hope to go to prison as soon as I get the verdict, because life in prison is better than that in detention center.