1, "Will the time sentenced by the court be counted as the time in prison?" If a person is detained before the execution of the judgment, one day of detention shall be reduced to one day of imprisonment. In other words, the previous detention and arrest, as well as the number of days of detention in the detention center are counted.
2. "From the time of arrest. How long will it take to judge? "
First, the public security organs filing procedures
Some cases will go through the process of cross-examination and continuous cross-examination, mainly because the patrolman meets some suspicious people, such as petty theft, etc., and the other is to accuse or identify the suspect (1) victim and witness who have insufficient evidence in the case; (two) suspected of violating the administration of public security or committing criminal acts; (three) there is a violation of public security management or criminal suspicion and the identity is unknown; (4) The articles carried may be stolen goods that violate the administration of public security or commit crimes. According to the Provisions of Public Security Organs on the Application of Continuing Interrogation, the longest time for continuing interrogation shall not exceed 48 hours.
Ordinary cases are filed after being reported by the victims or the masses. For filing a case, the problem is that the public security organs, in order to pursue the detection rate, have no serious consequences for some ordinary cases, such as theft and robbery, which means that although they accepted the report, they did not file a case before the suspect was arrested. Of course, the supervision of public security organs has also been strengthened. According to the provisions of the revised Criminal Procedure Law, if a case should be filed but not filed, the parties may file a case directly with the procuratorate, which will supervise the case.
The public security organ shall inform the complainant whether to file a case for investigation within one month after accepting the complaint. Before deciding whether to file a case, you must listen to the face-to-face statement of the accuser. If it decides not to file a case, it shall inform the complainant of the reasons for not filing a case. If the complainant refuses to accept the decision, he may request a review from the public security organ at the next higher level. After receiving the complainant's request for review, the public security organ at the next higher level shall fill in the complaint review registration form, complete the review within 15 days, and reply the review opinions to the complainant.
"Procedures for Handling Criminal Cases by Public Security Organs" Article 163 If there is a complainant's case and it is decided not to file the case, the public security organ shall make a notice of not filing the case and serve it on the complainant within seven days.
B, detention, decided to arrest the procedure
According to the provisions of the Criminal Procedure Law, the detention period is generally 3 days and the longest is 37 days. But in reality, it is usually 37 days, unless the case is really too simple. If the public security organ requests the procuratorate to approve the arrest, the time limit decided by the procuratorate is 7 days (including the above 37 days).
C. Time limit for investigation by public security organs
According to the provisions of the Criminal Procedure Law, it is generally two months from the date of arrest, but under certain circumstances, it can be extended to seven months at most with the approval of the superior and provincial procuratorates. Due to the complicated procedures, these cases are rarely postponed. Most cases will be transferred to the procuratorate for review and prosecution within 2 months after arrest. Even if the public security organ really needs to continue the investigation, it will usually extend the investigation period by transferring the case to the procuratorate for examination and prosecution, and then returning it to the procuratorate for supplementary investigation. Of course, this will take up the time for the procuratorate to review and prosecute. However, in many cases, for procuratorial organs, it is best for public security organs to verify the evidence before formally transferring the case files. Otherwise, if it is found that the case needs supplementary evidence after transfer, it will be time-consuming and laborious, and the expected effect may not be achieved.
Of course, there is no clear time limit for investigation in cases where the investigation is unsuccessful or the criminal suspect has been identified but has not been arrested or detained or arrested. Sometimes I heard the victim say that the suspect was related to the public security, so the public security delayed the investigation after filing the case. What should I do at this time? The author believes that this can be divided into three situations: first, the victim's understanding deviates from the normal handling procedures of public security, and some cases may not necessarily take custody measures against criminal suspects (of course, this situation is lower in criminal cases), and the public security may have entered the normal investigation stage, but the case has not yet been closed; Second, there is indeed a backlog of cases, which may be caused by various reasons, such as difficulties in obtaining evidence and the need for judicial expertise, or it may be that the case handlers are dragging on, but it has nothing to do with corruption; Third, as the injured party thinks, the investigators are bending the law. In the first two cases, the parties can only wait or urge the case handlers; In the last case, if there is conclusive evidence, the case-handling personnel can be prosecuted.
D, review the prosecution period
According to the provisions of the Criminal Procedure Law, it is generally 1 month, and major and complicated cases can be extended by another half month, which means a total of * * * 1 month and a half. But if the case needs supplementary investigation, it can be returned to the public security organ twice, each time 1 month, plus the review time after each return, so * * * has five and a half months. In these five and a half months, the procuratorate can basically grasp it flexibly. It may be that the case is really unclear and the evidence is insufficient, so it needs to be returned to the public security organ for supplementary investigation, or it may be changed due to the prosecutor's personal work arrangement.
E. Time limit of trial procedure of first instance
According to the "Several Provisions of the Supreme People's Court Municipality on Strictly Implementing the System of Time Limit for Trial of Cases", the first-instance criminal public prosecution case and the first-instance criminal private prosecution case in which the defendant is detained shall be one month, and shall not exceed one and a half months at the latest; The time limit for hearing incidental civil cases may be extended by two months with the approval of the president of our hospital. Under any of the circumstances stipulated in Article 126 of the Criminal Procedure Law, it may be extended for another month with the approval or decision of the Higher People's Court of a province, autonomous region or municipality directly under the Central Government.
Cases of criminal private prosecution of first instance in which the defendant is not detained shall be tried by ordinary procedures for a period of six months; If there are special circumstances that need to be extended, it can be extended for three months with the approval of the president of our hospital.
Criminal cases that are tried by summary procedure shall be tried for 20 days.
In addition, according to the regulations, the following periods are not included in the trial execution period:
(a) the time limit for the defendant to receive psychiatric appraisal in criminal cases;
(2) For a criminal case that the court decides to postpone the trial due to another entrustment or designation of a defender, the time for preparing the defense shall be from the date of postponing the trial of the case to the tenth day;
(3) the period during which the collegial panel agrees to postpone the trial after the public prosecutor finds that the case needs supplementary investigation and puts forward a proposal to postpone the trial;
(four) during the second trial of a criminal case, the time after the procuratorate consulted the case file exceeded seven days;
(5) Because the parties, agents ad litem and defenders apply to notify new witnesses to appear in court, obtain new evidence and apply for re-appraisal or inquest, our court decided to postpone the hearing for one month.