If the public security organ considers it necessary to arrest the detained person, it shall submit it to the people's procuratorate for examination and approval within 3 days after detention. Under special circumstances, the approval time can be extended by one to four days.
Arrest is one of the most severe compulsory measures in criminal proceedings. It not only deprives suspects and defendants of their personal freedom, but also detains the arrested person until the judgment of the people's court takes effect, except that they should not be investigated for criminal responsibility and meet the conditions for changing compulsory measures after arrest. Correct and timely use of arrest measures can play an important role in cracking down on crimes and maintaining social order, effectively prevent criminal suspects and defendants from colluding, destroying or falsifying evidence, committing suicide, fleeing or continuing crimes, help to collect evidence comprehensively, find out the case, confirm the crime, and ensure the smooth progress of investigation, prosecution and trial activities. Therefore, arrest is an important means to combat crime. However, if we adopt the methods of indiscriminate arrest, wrong arrest and indiscriminate arrest, it will hurt innocent people, infringe on citizens' personal rights and democratic rights, damage the dignity and authority of the socialist legal system and damage the prestige of the public security and judicial organs.
legal ground
Criminal Procedure Law of the People's Republic of China
Article 91 If a public security organ deems it necessary to arrest a detained person, it shall, within three days after detention, submit it to the People's Procuratorate for examination and approval. 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.