The detention of a criminal suspect on suspicion of committing a crime does not necessarily mean that it constitutes a crime. If it is proved by investigation that it does not constitute a crime, or if the court finds that the crime is not established, the criminal suspect may be declared innocent. After the criminal suspect is detained in criminal detention, he may be acquitted. After hearing the case, the people's court made the following judgments: (1) If the facts of the case are clear, the evidence is true and sufficient, and the defendant is found guilty according to law, a guilty judgment shall be made; (2) If the defendant is found innocent according to law, a verdict of innocence shall be made; (3) If the defendant cannot be found guilty due to insufficient evidence, a verdict of acquittal shall be made because the accused crime cannot be established due to insufficient evidence. The symptoms of innocence in criminal detention are: 1, not telling your real name and address, and being unknown; 2. Criminal evidence is found around him or at his residence; 3. It is possible to destroy, forge evidence or collude with others. Detention in criminal proceedings is a compulsory method to temporarily deprive criminals or major suspects of their personal freedom in cases directly accepted by public security organs and people's procuratorates. In the process of investigation, in the case of legal emergency, criminal detention is a compulsory measure rather than a means of criminal punishment.
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 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. 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.
Derivative problem:
What should I do if I am criminally detained?
1. If the public security organ or procuratorate restricts the personal freedom of your relatives and friends, according to the law, the summons or compulsory summons shall generally not exceed 12 hours, and you shall not be detained in disguised form by continuous summons or compulsory summons. If it is a criminal detention, except for three kinds of circumstances that hinder the investigation or cannot be notified, the family members or the unit where the detainee belongs shall be notified within 24 hours.
Second, close relatives have the right to know. Whether it is a notice of criminal detention by telephone or email, you can ask the case handlers about the alleged charges and the location of the detention center.
Third, if you are under criminal detention or arrested, only lawyers can see you. According to the existing law, family members or friends can't meet criminal suspects, only when they attend court meetings. During this period, only lawyers are entrusted to enter the detention center to meet with criminal suspects or defendants. Lawyers can enter the detention center to learn the following information: whether your relatives and friends were tortured to extract confessions, whether they were bullied or abused by fellow prisoners, provide them with legal advice and help, learn about the crimes and cases involved, feedback the concerns and hopes of relatives and friends, and their situation inside, get bail on their behalf, appeal or accuse on their behalf, and so on.