Criminal detention is a temporary compulsory measure for public security organs and procuratorial organs to temporarily deprive criminals or major criminal suspects of personal freedom, detain them and examine them in an emergency. The first paragraph of Article 69 of China's Criminal Procedure Law stipulates: "If a public security organ deems it necessary to arrest a detained person, it shall submit an explanation to the people's procuratorate for examination and approval within three days after detention. Under special circumstances, the time for submitting for examination and approval of arrest may be extended 1 to 4 days "; The second paragraph stipulates: "For major suspects who commit crimes on the run, commit crimes repeatedly, or commit crimes in partnership, the time for submitting for examination and approval for arrest may be extended to 30 days"; The third paragraph stipulates: "The people's procuratorate shall, within 7 days after receiving the letter of approval of arrest 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 release it immediately after receiving the notice. " It can be seen that the term of deprivation of personal freedom by criminal detention is 10 day in general and 14 day in special circumstances; For major suspects who commit crimes on the run, commit crimes many times or commit crimes by gangs, the detention time after detention can be as long as 37 days.
According to Article 75 of the Criminal Procedure Law: "If the criminal suspect, the defendant and his legal representative, close relatives or lawyers entrusted by the criminal suspect or the defendant take coercive measures against the people's courts, people's procuratorates and public security organs beyond the statutory time limit, they have the right to demand that the coercive measures be lifted." Your good friend Yang has been detained in criminal detention for more than 40 days, which has exceeded the legal detention period. It is illegal for the local public security organs to report for approval of arrest or release. Yang and his close relatives have the right to ask the local public security organs to lift Yang's detention measures and release him in accordance with the above provisions. If the local public security organ refuses to lift the detention and release Yang, Yang's close relatives can report to the local people's procuratorate, and the people's procuratorate will supervise the local public security organ to correct its illegal behavior.