Public security organs and people's procuratorates are a kind of criminal compulsory measures to temporarily deprive criminals or major suspects of personal freedom, detention and examination in legal emergencies.
According to Article 6 1 of the Criminal Procedure Law, the object of detention should be 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 found immediately after committing a crime; (2) The victim or a witness on the spot identifies him as a criminal; (3) Evidence of a crime is found around or at the residence; (4) attempted suicide, escaped or escaped after committing a crime; 5] likely to destroy, forge evidence or collude with others; (six) do not tell the real name and address, and the identity is unknown; (7) Being seriously suspected of committing crimes on the run, committing crimes for many times or committing crimes in association.
The detention of criminal suspects by public security organs and procuratorial organs must be approved by the heads of public security organs and procuratorial organs at or above the county level, and a detention permit must be issued. 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 time for submitting an arrest for examination and approval may be extended 1 to 4 days. For major suspects who commit crimes on the run, commit crimes many times or commit crimes by gangs, the time for submitting for examination and arrest can be extended to 30 days. The people's procuratorate shall, within seven days after receiving the notice from the public security organ approving the arrest, make a decision on whether to approve the arrest or not. When carrying out detention, the detainee shall be shown a detention certificate, and the detainee shall sign or seal the detention certificate. If the detainee resists detention, the person who carries out detention may use coercive means.
According to the law, detention is carried out by public security organs. When the case-handling personnel of the public security organ think it is necessary to detain the criminal suspect, they shall fill in the Report on Requesting Detention, indicate the information of the criminal suspect and the reasons for detention, report it to the person in charge of the public security organ for examination and approval, and issue a detention permit; When the procuratorial organ detains a criminal suspect, the case-handling personnel shall put forward their opinions, the department heads shall review them, the procurator-general shall make a decision, and then serve them to the public security organ for execution.
When the public security organ carries out detention, it shall hold the detention certificate issued by the public security organ at or above the county level, show the detention certificate to the detainee and announce the detention. Ordering the detained person to sign or seal the detention certificate. If the detainee refuses to sign or seal, it shall be indicated. When necessary, the detainee may use police equipment and weapons according to law. It is illegal not to show the detention permit, or to detain first and then reissue the detention permit.
According to Article 62 of the Criminal Procedure Law, when a public security organ carries out detention in a different place, it shall notify the public security organ where the detainee is located, and the public security organ where the detainee is located shall cooperate. According to the provisions of Article 64 of the Criminal Procedure Law, after detention, the organ that decides to detain shall notify the detainee's family or his unit within 24 hours, unless it hinders the investigation or cannot notify him. Circumstances that hinder investigation include: other criminal suspects may escape, destroy or falsify evidence after hearing the news; May collude with each other to form an offensive and defensive alliance; Other crimes need to be verified without taking corresponding measures, and so on. However, after the above situation is eliminated, the family members of the detained person or their units shall be notified immediately. If it is not notified within 24 hours, the reasons shall be indicated on the detention notice. The circumstances that cannot be notified include: the detainee does not tell his real name and address; Detainees have no family members or work units; Wait a minute.
Duration of criminal detention: the longest period shall not exceed 37 days.
1, criminal detention generally does not exceed 14 days, and the longest can not exceed 37 days. If the arrest cannot be approved at this time, the compulsory measures shall be lifted.
Article 64 When a public security organ detains a person, it must produce a detention permit.
After detention, the family members of the detainee or their units shall be informed of the reasons and places of detention within 24 hours, except in cases where the investigation is hindered or notification cannot be made.
Article 65 The public security organ shall interrogate the detained person within 24 hours after detention. If it is found that it should not be detained, it must be released immediately and a release certificate will be issued. Those who need to be arrested but have insufficient evidence may be released on bail pending trial or under residential surveillance.
Article 71 When arresting a person, the public security organ must produce an arrest warrant.
After the arrest, the family members of the arrested person or his unit shall be informed of the reasons for the arrest and the place of detention within 24 hours, except in cases where the investigation is hindered or the notice cannot be given.
Article 72 People's courts and people's procuratorates must interrogate people who decide to arrest themselves, and public security organs must interrogate people who are arrested with the approval of people's procuratorates within 24 hours after arrest. When it is found that the arrest should not be made, it must be released immediately and a release certificate issued.
2. The legal basis for the maximum period of 37 days:
Article 69 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.