First, how long will the detention center last?
If the public security organ considers it necessary to arrest the detained person, it shall submit it to the people's procuratorate for examination and approval within 3 days after detention. Under special circumstances, with the approval of the person in charge of the public security organ at or above the county level, the time for submission for examination and approval may be extended by 1 to 4 days. With the approval of the person in charge of the public security organ at or above the county level, the time for reporting for examination and approval can be extended to 30 days for major criminal suspects who have committed crimes on the run, repeatedly committed crimes or committed crimes in partnership.
Second, what should I do if I encounter legal problems in detention?
1. Don't panic, sort out the legal problems you encounter, pay attention to collecting and saving relevant information and evidence, and roughly determine your legal field.
2. Find a suitable professional lawyer on the legal platform of China; Click the consultation button below to match the most suitable professional lawyer for you!
3. Describe in detail the legal problems and demands you have encountered;
4. Wait for the lawyer to answer;
5. Pay the lawyer's fee (the lawyer's fee shall be determined by the lawyer).
3. Can I get bail pending trial during my detention?
Bail pending trial refers to a compulsory measure in the process of criminal proceedings, in which the criminal suspect, defendant or other relevant personnel prescribed by law apply, and with the consent of the people's court, people's procuratorate or public security organ, the criminal suspect and defendant are ordered to put forward a guarantor or pay a deposit, so as to ensure that the criminal suspect and defendant do not evade or hinder the investigation, prosecution and trial, and at the same time be deported.
Article 67 of the Criminal Procedure Law stipulates that the people's courts, people's procuratorates and public security organs may obtain a guarantor pending trial for a criminal suspect or defendant under any of the following circumstances:
(a) may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;
(two) may be sentenced to more than fixed-term imprisonment, bail will not cause social danger;
(3) A woman who is seriously ill, unable to take care of herself, pregnant or breast-feeding her baby is released on bail pending trial, which will not cause social danger;
(four) the detention period expires, the case has not yet been settled, and it is necessary to get a bail pending trial.
According to the above provisions of the Criminal Procedure Law, during the period of criminal detention, the criminal suspect himself, his legal representative and his near relatives (including his parents, spouse, siblings and children) have the right to apply for bail pending trial.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Criminal Procedure Law of People's Republic of China (PRC).
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.