The maximum period of criminal detention is 37 days. After the expiration of criminal detention, if we want to continue the investigation, we need to change the compulsory measures. If it is found that there is no need to pursue criminal responsibility, the party concerned shall be released. Procedures for criminal cases: First of all, the public security organs will take criminal detention according to the situation, and submit it to the procuratorate for approval of arrest within three days, which can be extended by one to four days. The procuratorate usually decides whether to approve the arrest within seven days. If it is a major suspect who has committed a crime on the run, in a gang or for many times, the time for requesting arrest can be extended to one month, that is to say, criminal detention usually lasts for more than ten days, and the longest is 37 days. The investigation period after arrest shall generally not exceed two months, and the case with complicated circumstances may be extended by one month with the approval of the people's procuratorate at the next higher level. If it is an area with inconvenient transportation, a major criminal group case, a fugitive crime, etc. With the approval of the provincial procuratorate, it can be extended for another two months. With the approval of the provincial procuratorate, the criminal suspect who may be sentenced to a penalty of less than ten years will be extended for another two months. In other words, the public security stage usually lasts about two and a half months to three months, and the longest is eight months. Then, the case is written by the case handlers of the public security organs, and the files and evidence are transferred to the procuratorate, that is, the stage of examination and prosecution. This stage is usually one month, and major and complicated projects can be extended by half a month. If the procuratorate deems it necessary to make supplementary investigation after examination, it may return it to the public security organ for supplementary investigation or conduct investigation on its own. Supplementary investigation shall be completed within one month, and supplementary investigation shall be limited to two times. After the supplementary investigation, the procuratorate recalculated the time limit for examination and prosecution. After the examination, the Public Prosecution Section of the Procuratorate will write a public prosecution and file a public prosecution with the corresponding court.
What should I do if I am detained in criminal detention?
1. 1. If the public security organ or procuratorate restricts the personal freedom of your relatives and friends, according to the law, the summons or compulsory summons shall generally not exceed 12 hours, and it is not allowed to be detained in disguised form by continuous summons or compulsory summons. If it is a criminal detention, except for three kinds of circumstances that hinder the investigation or cannot be notified, the family members or the unit where the detainee belongs shall be notified within 24 hours.
2. Second, close relatives have the right to know. Whether it is a notice of criminal detention by telephone or email, you can ask the case handlers about the alleged charges and the location of the detention center.
Thirdly, if you are under criminal detention or arrested, only lawyers can see you. According to the existing law, family members or friends can't meet criminal suspects, only when they attend court meetings. During this period, only lawyers are entrusted to enter the detention center to meet with criminal suspects or defendants.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 99 A people's court, people's procuratorate or public security organ shall release a criminal suspect or defendant after the expiration of compulsory measures, obtain bail pending trial, place him under residential surveillance or change compulsory measures according to law. When the statutory time limit for the people's court, the people's procuratorate or the public security organ to take compulsory measures expires, the criminal suspect, the defendant and his legal representative, close relatives or defenders have the right to demand the cancellation of compulsory measures.