How should the process go after being detained?
Detailed summary of legal consultants:
1. Applicable detention institutions and circumstances
(1) The public security organ may detain a flagrante delicto or a major suspect under any of the following circumstances:
1. Being prepared to commit a crime, committing a crime or being discovered immediately after committing a crime;
2. The victim or a witness on the spot identifies him as a criminal;
3. Found criminal evidence around or at the residence;
4. Attempted suicide, escape or escape after committing a crime;
5. It is possible to destroy, forge evidence or collude with others;
6, do not speak name, address, unknown;
7. Suspected of committing crimes on the run, committing crimes many times, and committing crimes in partnership.
(2) In the fourth and fifth cases mentioned above, the procuratorial organ may detain the criminal suspect first. What needs special emphasis is:
1, the court has no right to criminal detention, because the cases directly accepted by the court are private prosecution cases and there is no emergency;
2. The procuratorate has the power to decide detention, but it must be handed over to the public security organ for execution.
2. Detention procedures
1, the public security organ must produce the detention certificate (voucher) issued by the person in charge of the public security organ at or above the county level when detaining;
2, the implementation of detention personnel shall not be less than two people;
3. After detention, the detained person shall be immediately sent to the detention center for custody, and shall not exceed 24 hours;
4. Unless it is impossible to inform or inform the family members of the detained person that the crime suspected of endangering national security or terrorist activities may hinder the investigation, the family members of the detained person shall be notified within 24 hours after the detention, and the family members of the detained person shall be notified immediately after the situation that hinders the investigation disappears;
The public security organ shall interrogate the detained person within 24 hours after detention. If it is found that he should not be detained, he must be released immediately and issue a release certificate;
6. When the public security organ carries out detention in different places, it shall notify the public security organ where the detainee is located, and the public security organ where the detainee is located shall cooperate.
The detention of a criminal suspect by a procuratorate must be decided by the procurator-general and served on the public security organ for execution. When necessary, the people's procuratorate may assist the public security organ in execution.
3. Duration of detention
(A) the calculation method of detention period
Detention time = the time when the public security organ submits for approval of arrest+the time when the people's procuratorate (not) approves arrest.
(2) the time when the people's procuratorate is requested to approve the arrest.
1. If the public security organ detains a criminal suspect and deems it necessary to arrest him, it shall report to the people's procuratorate for approval within 3 days;
2. If the case is serious and complicated, it can be extended by 1 to 4 days;
3. For major suspects who commit crimes on the run, repeatedly commit crimes or commit crimes by gangs, the time for applying for approval of arrest may be extended to 30 days. The procuratorate must make a decision to approve or disapprove the arrest within 7 days.
The above three situations mean that the public security organ must submit an application to the people's procuratorate for examination and approval of arrest on the third, seventh or thirtieth day after detention.
(3) The time limit for the people's procuratorate to examine and approve the arrest when the criminal suspect is in custody.
The longest period for the people's procuratorate to examine and approve the arrest of a criminal suspect is 7 days.
(4) Calculation
1. Generally, the longest detention time is 10 day (3+7);
2. Under special circumstances, 14 days (3+4+7);
3. It takes 37 days (30+7) to commit crimes by absconding, committing crimes many times and committing crimes by gangs.
(5) It should be emphasized that the third detention period does not apply to the procuratorate, that is, if the procuratorate takes compulsory measures to detain the suspect, it is generally 14 days, and the longest is 17 days.
4. What is the nature of criminal detention?
If you receive the notice of criminal detention of relatives and friends served by the public security organ and learn that relatives and friends are detained in the detention center, you will have doubts. What is criminal detention? Is it serious?
Legal experts believe that criminal detention is a compulsory measure. When a citizen is suspected of committing a crime, the public security organ has the right to impose criminal detention on him according to law for further investigation. At the same time, the law stipulates that when a public security organ detains a criminal suspect, it shall inform the detainee's family or unit of detention of the reason and place of detention within 20 hours.
Of course, if the detainee refuses to provide the address of his family members or the address provided is wrong, it may also lead to the situation that the family members cannot receive the detention notice in time.
5. What is the longest period of criminal detention?
According to the law, the longest period of criminal detention is 37 days. If the public security organ fails to ask the procuratorate to arrest the detainee within 37 days, it must release the detainee or change compulsory measures such as residential surveillance and bail pending trial.
If the procuratorate approves the arrest within 37 days, the suspect will be extended to the court for trial and finally convicted and sentenced by the court.
6. During criminal detention, can family members see the detainees?
From the date of the detainee's criminal detention to the court's judgment, family members cannot meet their families. According to the law, during this period, only lawyers entrusted by family members (immediate family members) can meet.
If the family members want to know the details of their relatives' suspected crimes and their living conditions in the detention center in time, entrusting a lawyer can solve the above problems, and entrusting a lawyer as soon as possible can effectively safeguard the legitimate rights and interests of their relatives. The final results of many cases we represent have proved this point.
7. What is bail pending trial and what are the conditions for applying for bail pending trial?
Bail pending trial, also known as bail, is also a compulsory measure, but compared with criminal detention, there are fewer restrictions on the personal freedom of criminal suspects and there is no need to be detained in detention centers.
Lawyers and relatives can apply for bail pending trial for criminal suspects. The object of application of bail pending trial is criminal suspects who may be sentenced to short-term imprisonment, and the decision-making organs may be courts, procuratorates and public security organs. Once released on bail pending trial, the applicant shall provide money guarantee or guarantor guarantee.
8. Can criminal cases be mediated?
Many family members ask whether the suspect can come out if the victim does not sue or withdraw the lawsuit. This involves the question of whether criminal cases can be reconciled. According to China's criminal law, only the civil part of a criminal case can be mediated, that is, if a criminal act causes losses to the victim's person or property, both parties can reach a mediation agreement on compensation, but the criminal part (sentencing) cannot mediate.
Therefore, in criminal cases, there is no question of whether the victim will prosecute. Only the procuratorate can prosecute the suspect on behalf of the state and investigate his criminal responsibility.
9. How long does it take from the day the suspect is arrested to the court for trial?
Criminal cases generally go through three stages: criminal investigation by public security organs, examination and prosecution by procuratorates and trial by courts. The law stipulates that each stage has a corresponding period.
If a criminal suspect is arrested after criminal detention, it usually takes 4-6 months to be transferred to the court for trial, and the time can be extended accordingly under special circumstances.
10. Relatives are held in detention centers. What can a family do for him?
The legal adviser said: when you know that your relatives are being held in the detention center, you should first calm down. You should immediately ask the public security organs or detention centers about your relatives and seek advice and help from legal professionals. For example, a professional criminal defense lawyer can help you.
Don't go to the hospital in a hurry, blindly listen to the rumors that others lie and say that spending money can "get out" their loved ones, so as not to be deceived and hurt again. The detention center will provide clothes and daily necessities, and family members don't have to send clothes in, so all items can't be sent in. If the economy permits, you can remit money to your relatives in the service hall of the detention center for them to spend.
1 1. Can entrusting a lawyer play a role?
Legal experts believe that: in nature, criminal detention of criminal suspects is only suspected of committing a crime in law, and all citizens cannot be found guilty without a court decision. From the structure of handling criminal cases, the public security organ is responsible for investigation, the procuratorate examines and prosecutes, the lawyer defends and the court adjudicates in the middle.
Therefore, the functions of public security organs and procuratorates are to represent the country and investigate crimes, and the functions of lawyers are to defend criminal suspects and safeguard their legitimate rights. If a citizen is innocent, he needs the help of a lawyer. Even if it constitutes a crime, he should not be deprived of his due rights, especially the right to defend himself and entrust a lawyer to defend him. Therefore, the role of attorney must be of great help to your relatives.