1. What is the time limit for the investigation stage?
The time limit for the investigation phase is two months. Criminal detention for three days, seven days under special circumstances, and less than 30 days after escaping or ganging up, the people's procuratorate shall be requested to approve the arrest. The procuratorate shall make a decision within seven days. The period of investigation and detention after a party is arrested shall not exceed two months. With the approval of the higher procuratorate, it can be extended for one month.
Criminal procedure law
Article 69
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.
The maximum period after detention is 37 days.
Article 124
The period of investigation and detention of a criminal suspect after his arrest shall not exceed two months. If the case is complicated and cannot be concluded at the expiration of the time limit, it may be extended for one month with the approval of the people's procuratorate at the next higher level.
The maximum time limit for reviewing and prosecuting after arrest is 3 months.
Second, the lawyer's work in the investigation stage.
1. Lawyers can meet with criminal suspects, inform their families of their concerns, ease the anxiety of criminal suspects and give psychological comfort. After many people are restricted from personal freedom, with the sudden change of living environment, social status and psychological pressure, many people can't stand it. Under pressure and pressure, something should not happen.
2. When a lawyer meets a criminal suspect, he can explain the accused charges and relevant legal knowledge to the criminal suspect. Let the suspect have a clear understanding of the difficulties he faces and know what to do and what not to do.
3. When a lawyer meets a criminal suspect, he can learn from the criminal suspect whether he is innocent or guilty, and help to do some work of fixing favorable evidence to prepare for successful defense in the future. Evidence is in danger of being lost at any time, and temporary negligence may lead to favorable evidence never being obtained.
4. Lawyers can avoid extorting confessions by torture to the greatest extent when meeting with criminal suspects. Although the legal environment in our country is improving day by day, the phenomenon of extorting confessions by torture still occurs from time to time, and even the tragedy of extorting confessions by torture and causing disability and death appears. If extorting a confession by torture, lawyers can lodge complaints and accusations on behalf of the criminal suspect, thus effectively reducing the occurrence of this situation.
By meeting with the criminal suspect, the lawyer can help the criminal suspect correctly understand his behavior, so as to get the opportunity to make meritorious service and reduce the punishment.
6. In the investigation stage, lawyers can help criminal suspects to apply for bail pending trial according to the case, thus solving the crisis well.
7. With the revision of the Criminal Procedure Law, lawyers will also increase on-site work to better protect the legitimate rights and interests of criminal suspects. In the investigation stage, lawyers can also directly meet with criminal suspects in custody.
Three, the public security organs in the investigation stage of handling procedures
1, accept the case. The public security organ shall make a registration form for accepting criminal cases after accepting and inquiring about citizens' handing in, reporting, accusing, reporting or criminal suspects' surrender. If, after examination, it is not serious enough for criminal punishment and needs administrative treatment, it shall be dealt with according to law, and criminal responsibility shall be investigated, and a criminal filing report shall be made according to the jurisdiction.
2. Proof of criminal cases filed for investigation by public security organs. Collect and collect evidence; Interrogating criminal suspects; Questioning witnesses; Conduct inquests and inspections; Conduct a search; Seal up and detain physical evidence, documentary evidence, etc.
3. Compulsory measures can be taken in the investigation stage. Such as summons, bail pending trial, residential surveillance, detention and arrest.
Compulsory summons: a compulsory measure to force criminal suspects and defendants who are not in custody to appear in court for interrogation according to law.
Bail pending trial: In criminal proceedings, public security organs, people's procuratorates, people's courts and other judicial organs order criminal suspects and defendants who have not been arrested or need to change compulsory measures after arrest to put forward guarantors or pay bond, and issue a letter of guarantee to ensure that they can be used at any time to prevent them from evading investigation, prosecution and trial, and not to detain them or temporarily release them.
Residential surveillance: it is a compulsory measure for the people's courts, people's procuratorates and public security organs to restrict criminal suspects and defendants from leaving their residences or designated residences within a prescribed time limit, and to monitor their behavior and restrict their personal freedom.
Detention: To detain or detain. In case of emergency, the public security organ temporarily detains the person who needs to be investigated according to law; Administrative detention refers to the detention of people who violate the administration of public security in the detention center of public security organs, which generally does not exceed fifteen days, and the longest combined punishment does not exceed twenty days. Administrative detention is the most severe administrative punishment. If the punished person refuses to accept the decision on administrative punishment for public security, he may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Arrest: Arrest is a compulsory measure to completely deprive the criminal suspect and defendant of their personal freedom within a certain period of time with the approval or decision of the procuratorate and the court and carried out by the public security organ, if there is evidence to prove that there is a criminal fact and that they may be sentenced to more than fixed-term imprisonment.
4. The investigation is over. After investigation, if the public security organ finds that the criminal suspect does not constitute a crime and has taken compulsory measures, it shall release him and issue a certificate. Suspected of committing a crime, the public security organ shall, after the investigation is completed, promptly transfer the case to the people's procuratorate for examination and prosecution.
The above is about "how long is the duration of the investigation stage". From the above, we can know that those who do not need to be arrested should be released immediately. If it is necessary to continue the investigation and meet the conditions of residential surveillance on bail, the bail or residential surveillance shall be lifted according to law.