The time limit for criminal suspects' detention in litigation includes the time limit for criminal detention and approval of arrest by public security organs, the time limit for investigation, the time limit for prosecution by procuratorial organs and the time limit for trial and judgment by people's courts.
Article 84 of the Criminal Procedure Law: The public security organ shall interrogate the detained person within 24 hours after detention. If it is found that it should not be detained, it must be released immediately and a release certificate will be issued.
Extended data:
Article 80 The public security organ may detain a flagrante delicto or a major suspect in 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 a witness on the spot 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.
Article 81 When a public security organ carries out detention or arrest in a different place, it shall notify the public security organ where the detained or arrested person is located, and the public security organ where the detained or arrested person is located shall cooperate.
Article 82 Under any of the following circumstances, any citizen may immediately hand it over to a public security organ, a people's procuratorate or a people's court for handling:
(1) A crime is being committed or is discovered immediately after the crime;
(2) Being wanted;
(3) Escaping from prison;
(4) being pursued.
Article 83 When a public security organ detains a person, it must produce a detention permit.
After detention, the detained person shall be immediately sent to the detention center for custody, and shall not exceed twenty-four hours. Unless it is impossible to notify or the notification of suspected crimes endangering national security or terrorist activities may hinder the investigation, the family members of the detained person shall be notified within 24 hours after detention. After the circumstances that hinder the investigation disappear, the family members of the detained person shall be notified immediately.
Judicial custody:
One refers to the detention decision made directly by the people's court in the process of civil and administrative litigation or court execution. It is a compulsory measure and is based on the Civil Procedure Law or the Administrative Procedure Law.
The longest period is fifteen days, and the court will hand over the detainee to the public security organ for custody. Anyone who refuses to accept the detention may apply to the court for reconsideration. During the detention, the court will decide to explain in advance or release at maturity.
There is another kind in judicial custody: Article 134 of the General Principles of the Civil Law stipulates that when trying a civil case, the people's court may admonish it, order it to make a statement of repentance, confiscate the property and illegal income of illegal activities, and may impose fines and detention according to law.
It can be seen that the detention stipulated in the General Principles of the Civil Law is a kind of punishment that the people's court imposes short-term restrictions on the personal freedom of the perpetrators who seriously violate civil legal norms in the name of the state. This is the most severe punishment in civil sanctions.
Detention in criminal proceedings is called criminal detention. In an emergency, it is a compulsory method for public security organs and people's procuratorates to temporarily restrict the personal freedom of a flagrante delicto or a major suspect who should be arrested.
The specific application of criminal detention is:
(1) being prepared to commit a crime, committing a crime or being discovered immediately after committing a crime;
(2) The victim or a witness on the spot identifies him as a criminal;
(3) Evidence of a crime is found around or at the residence;
(4) attempted suicide, escaped or escaped after committing a crime;
(5) It is possible to destroy or forge evidence or collude with others;
(6) Don't tell your real name and address, and your identity is unknown;
(seven) suspected of committing crimes, committing crimes many times, and committing crimes in partnership.
Public security detention is a compulsory method according to the Regulations of the People's Republic of China on Administrative Penalties for Public Security. Judicial detention is a compulsory means in civil litigation and administrative litigation. It is necessary to clarify the difference between them and avoid confusion in judicial practice.
The main differences between them are as follows:
(1) The legal nature and basis are different. Criminal detention is a compulsory measure taken according to the criminal procedure law, not a penalty. Public security detention is a kind of punishment according to the regulations on public security punishment. Judicial custody is a compulsory measure, but also has the nature of punishment. Its legal basis is the Civil Procedure Law and the Administrative Procedure Law.
(2) The applicable objects are different. The object of criminal detention is an active criminal or a major suspect who has violated the criminal law and needs to be investigated for criminal responsibility. The object of public security detention is the perpetrator who violates the regulations on administrative penalties for public security and has not yet constituted a crime. The object of judicial detention is the parties, other participants or outsiders who have committed acts that disturb the order of civil and administrative proceedings.
(3) The purpose and result are different. The purpose of criminal detention is to ensure the smooth progress of investigation and prevent the country and people from suffering new losses in life and property. The result of criminal detention generally turns into arrest, and the detention period of criminal detention can be reduced to imprisonment. The purpose of public security detention is to punish and educate offenders. The expiration of public security detention is the end of educational punishment.
The purpose of judicial detention is to punish acts that disturb the order of litigation, so as to ensure the smooth progress of litigation activities. Judicial custody has nothing to do with the verdict. If the detained person admits and corrects his mistake, the people's court may terminate the detention in advance.
(4) Different detention periods. The legal period of criminal detention is 3~7 days, and the longest is not more than 30 days. The detention period of public security detention is more than 1 day and less than 15 days. The term of judicial custody is 15 days or less.
(5) The applicable organs are different. The public security organs and people's procuratorates exercise the right of criminal detention, and the public security organs also exercise the decision-making power and execution power of public security detention-the people's courts exercise the right of judicial custody, and people who are detained by judicial custody are handed over to the public security organs.
References:
China Government Network-People's Republic of China (PRC) Criminal Procedure Law