Criminal detention is a compulsory measure taken by public security organs against criminal suspects. According to the provisions of the Criminal Procedure Law of People's Republic of China (PRC), the term of criminal detention for a single person and a single case is generally one month, but it can be extended appropriately if the following conditions are met: 1. The case is complicated or the circumstances are serious; 2. It is difficult to obtain evidence and needs further investigation; 3. The suspect may escape or obstruct the investigation of the case; 4. This unit is involved in particularly serious crimes such as endangering national security and terrorist activities. Under the above circumstances, the public security organ may apply to the people's procuratorate for extending the period of criminal detention after one month. If the people's procuratorate considers it necessary to continue custody, it may approve an extension, and the longest extension period shall not exceed six months. It should be noted that the legitimate rights and interests of criminal suspects must be protected during criminal detention, and compulsory measures such as illegal restriction of personal freedom are not allowed. At the same time, criminal suspects and their families have the right to entrust lawyers to defend and represent them.
Does the suspect have the right to lodge a complaint during criminal detention? During criminal detention, the criminal suspect has the right to appeal to the people's court or the people's procuratorate. If a criminal suspect thinks that being detained violates the law, he can safeguard his legitimate rights and interests through appeal. The people's court or people's procuratorate will investigate and verify the contents of the complaint and deal with it in a timely manner.
Criminal detention is a compulsory measure taken by public security organs under certain circumstances, which requires strict compliance with legal procedures and regulations to protect the legitimate rights and interests of criminal suspects. At the same time, criminal suspects should also strengthen their awareness of their legitimate rights and interests, complain to relevant departments in time, and safeguard their rights and interests.
Legal basis:
Article 61 of the Criminal Procedure Law of People's Republic of China (PRC), a public security organ may detain a flagrante delicto or a major suspect under 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 on-site witness 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.