First, what does it mean that the perpetrator was detained for 37 days?
According to the Criminal Procedure Law, the longest period of criminal detention by public security organs is 30 days, and the longest period of examination and arrest by procuratorate is 7 days. Together, the longest is 37 days, which means it is not a working day, but a holiday.
The perpetrators have been detained for 37 days, and the time limit for handling cases by public security organs and procuratorial organs has been exhausted, which shows that the case is very complicated and difficult to handle. If the procuratorate finally refuses to arrest, there is only one result left: release.
2. What are the reasons why the procuratorate does not approve the arrest?
Nothing more than the following three reasons:
1, the behavior of the perpetrator does not constitute a crime. After careful examination, the procuratorial organ considered that there was no criminal fact in this case, or that the criminal fact was not committed by the perpetrator, so it made a decision not to approve the arrest. This is the so-called "no arrest without guilt".
2. The evidence that the perpetrator constitutes a crime is insufficient. After careful examination, the procuratorial organ found that the evidence that the perpetrator constituted a crime was insufficient and could not rule out reasonable doubt, so it decided not to approve the arrest. This is the so-called "arrest with insufficient evidence".
3. The circumstances of the crime are minor and there is no need to arrest. After careful examination, the procuratorial organ considered that the case was minor, the perpetrator had a good attitude of pleading guilty and there was no need for detention, so it decided not to approve the arrest. This is the so-called "no arrest if the circumstances are minor".
Third, how should the case be handled next?
1. No matter what the case, the most direct consequence of the prosecution's refusal to approve the arrest is that the suspect is released immediately, and there is no second way to deal with it. So, does it mean that the perpetrators have been released? No, then look down:
2. The reasons why the procuratorial organ does not approve the arrest are different, and the legal consequences are also different. Let's analyze it separately:
Failure to arrest does not constitute a crime: after the public security organ immediately releases the criminal suspect, it should terminate the investigation or dismiss the case, compensate the criminal suspect and prove that the public security organ has misjudged the case.
No arrest due to insufficient evidence: After the public security organ immediately releases the criminal suspect, it shall take compulsory measures such as obtaining bail pending trial or residential surveillance to further investigate the case. In the case of sufficient evidence, the public security organ will transfer the case to the procuratorial organ for re-approval of arrest. Generally, after two petitions, if the evidence is still insufficient, the case will basically become a dead case. After the expiration of bail pending trial or residential surveillance, the public security organ cancels the above compulsory measures, and the criminal suspect is completely free.
Not arresting if the circumstances are minor: also known as "not arresting if it constitutes a crime", the public security organ should change the detention measures of the criminal suspect to bail pending trial or residential surveillance. During the legal period of bail pending trial or residential surveillance, the public security organ will transfer the case to the procuratorial organ for examination and prosecution, and then the court will conduct normal procedures such as trial and sentencing.
To sum up, not arresting does not constitute a crime, the case is over, and the suspect is completely free from criminal suspicion and becomes a free man;
If the evidence is insufficient, the evidence is still insufficient after two supplements, and the case is basically gone, and the suspect is free. If there is sufficient evidence after the supplementary certificate is obtained, the procuratorial organ shall make a decision to approve the arrest according to the circumstances of the case, and make a decision not to approve the arrest if the circumstances are minor;
If the circumstances are minor and no arrest is made, the case will proceed normally and will eventually be prosecuted to the court. You should be sentenced, sentenced, and served. Want to know under what circumstances not to arrest, can only consult the procuratorate handling the case.