Article 89 of the Criminal Procedure Law
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.
Extended data:
At the same time, the criminal procedure law points out some problems about arrest according to law:
Article 92
The people's courts and people's procuratorates must interrogate the person they decide to arrest, and the public security organ must interrogate the person arrested with the approval of the people's procuratorate within 24 hours after the arrest. When it is found that the arrest should not be made, it must be released immediately and a release certificate issued.
Article 93
After the criminal suspect and defendant are arrested, the people's procuratorate still has to examine the necessity of detention. If it is not necessary to continue detention, it shall be suggested to release or change compulsory measures. The relevant authorities shall notify the people's procuratorate of the handling within ten days.
Article 94
If the people's courts, people's procuratorates and public security organs find that the compulsory measures taken against criminal suspects and defendants are improper, they shall promptly revoke or change them. If the public security organ releases the arrested person or changes the arrest measures, it shall notify the people's procuratorate that originally approved it.
Dianjiang County People's Congress Standing Committee Website-People's Republic of China (PRC) Criminal Procedure Law