My husband has been in the detention center for two years and has not been sentenced. At the second trial, I was in a hurry. Can someone help me? Thank you.

Wait until the second trial, the detention center has no so-called time limit, and the second trial period is not included in the sentence. If the case is very complicated, the public security organ should investigate the case clearly, and the court will make a judgment only after the prosecution by the procuratorate. If the procuratorate considers that the evidence is insufficient or supplementary investigation is needed, it shall be returned to the Public Security Bureau for a new investigation.

Legal analysis

Detention centers are places where criminals and major criminal suspects are held. A reform-through-labor institution in China. Prisoners imprisoned at the stages of investigation, preliminary investigation, prosecution and trial. Criminals with serious circumstances or involving state secrets shall be held separately; Accomplice, male and female criminals, arresters and detainees should be detained separately. Without prejudice to investigation and trial, criminals should be organized to carry out appropriate labor. Criminals who are sentenced to fixed-term imprisonment of less than 1 year and are inconvenient to be sent to reform-through-labour camps for execution may also be supervised by detention centers. This part of the convicted prisoners should be held separately from the undecided prisoners, and everyone who has the ability to work should take part in productive labor. The detention center has the following powers: 1. It has the right to supervise, educate, escort, organize labor, life and health management, check the articles it carries, consult letters, monitor interviews and so on. 2. Those who violate prison regulations have the right to criticize and educate and order them to reflect. Prisoners who attempt to kill, escape from prison, commit suicide, etc., which seriously affect prison security. Have the right to load equipment. 3. If the legal detention period of the criminal suspect or the person subjected to execution is about to expire and the case has not yet been tried, the custody ownership shall notify the case-handling organ to conclude it quickly; A person who has exceeded the legal detention period has the right to report the situation to the people's procuratorate. 4. In the course of performing their duties, judicial personnel have the right to stop extorting confessions by torture or other illegal acts against criminal suspects, defendants and criminals in person, and report directly to the relevant authorities and procuratorates.

legal ground

Criminal Procedure Law of the People's Republic of China

Article 85 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.

Article 93 When arresting a person, the public security organ must produce an arrest warrant. After the arrest, the arrested person shall be immediately sent to the detention center for custody. Unless it is impossible to notify, the family of the arrested person shall be notified within 24 hours after the arrest.