1. Generally, the longest criminal detention shall not exceed 37 days. If he has not been released within 37 days, he is suspected of picking fights and causing troubles and is arrested by the procuratorate. After the arrest, the procuratorate will file a public prosecution in the criminal court of the people's court one day, and the people's court will convict and sentence him after hearing it according to law.
2. 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 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.
Second, is there a criminal record for the detention of troublemaking?
It depends. If you only accept the administrative punishment of detention, it does not constitute a crime and there will be no criminal record; If the behavior of the crime of stirring up trouble has reached the standard of the crime of stirring up trouble, those who want to go to court will have a criminal record. To judge whether the actor's behavior is serious, the following factors should be comprehensively analyzed:
1, behavior method. Behavior patterns and means play a decisive role in the size of harmful results, and also have a great impact on the degree of social and psychological harm. Therefore, when determining whether the circumstances are serious, we should examine whether the perpetrator used violence, threats and other means, and whether he adopted an open and organized way.
2, the behavior of the direct harm results and indirect adverse consequences. The result of direct harm is that behavior directly harms society. Indirect adverse consequences refer to the adverse effects or indirect damage caused by behavior to society. Whether the perpetrator led the victim to commit suicide, whether it caused great losses to public and private property, and whether it caused serious disorder in public places. , is an important factor to determine whether the plot is serious;
3. Time and place of the act. The same behavior is carried out in different time and place, and the social impact is different. Of course, troublemaking activities in public places during the day are more harmful than those in the wild at night;
The actor's consistent performance. The consistent performance of the actor shows the subjective viciousness of the actor and determines the difficulty for the actor to accept the reform. It is also an important aspect to determine whether the circumstances are serious or not.