Criminal detention is different from other detention.
Note that there is a difference between detention and detention. In China's judicial practice, detention is divided into three types, namely, administrative detention by public security organs, criminal detention and court judicial custody. Ordinary people easily confuse administrative detention with criminal detention. Administrative detention is a general illegal act, while criminal detention is a suspected criminal act.
In reality, administrative detention is also carried out first. Later, the public security organs felt that this person's behavior was not only illegal, but also suspected of committing a crime, so he was transferred to criminal detention. Therefore, in a word, criminal detention is the starting point of criminal cases.
There are four key nodes in criminal detention.
First, within 24 hours of criminal detention (1 day), the public security organ must interrogate the suspect and inform his family;
Two, criminal detention for three days, the public security organ considers it necessary to report the arrest, it shall report the arrest. So when will the public security organs report the arrest? When the key criminal evidence of the suspect is collected, it will be reported for arrest;
Third, if the Public Security Bureau fails to collect evidence within three days, it will generally report to the competent deputy director and extend it by 1-4 days. Usually four days. Therefore, within 7 days of criminal detention, it is the time for the public security bureau to collect evidence and identify evidence to decide whether to report to the procuratorate for arrest;
Fourth, if a major criminal suspect commits crimes on the run, commits crimes many times, or commits crimes in partnership, the public security organ may extend the detention for another 30 days after 7 days. Therefore, the maximum period of criminal detention is 37 days. Of course, it can be postponed after the approval of the Ministry of Public Security, but the probability of this happening in reality is too small.
What are the consequences of criminal detention for 38 days without releasing people?
Indicates that the suspect has been arrested.
According to the provisions of the Criminal Procedure Law, the term of criminal detention is generally 3 days, and it can be extended for 4 days, which is 7 days. If it is a fugitive crime, gang crime or multiple crimes, it can be extended to 30 days at most. For criminal suspects who have been detained, the time limit for examining and arresting is 7 days. In other words, during criminal detention, the longest period of investigation is 37 days. Since he has been detained for 38 days, it means that the suspect has been approved for arrest.
There are three conditions for arresting a criminal suspect. First, there is evidence that the criminal facts are committed by criminal suspects. Second, it may be sentenced to more than fixed-term imprisonment; Third, it is socially dangerous. These three conditions are indispensable. That is to say, in the view of the procuratorial organ, the existing evidence is enough to determine that the suspect has committed a crime and can be sentenced to more than fixed-term imprisonment.
So it can be said that a high probability of being arrested means that you will be sentenced to more than fixed-term imprisonment. Of course, if it is a crime against people or property, it is still possible to apply probation after the victim is compensated and the infringed social relationship is repaired.
Of course, there is another possibility, but it basically does not exist now, that is, it has been 37 days since the public security department forgot to detain such a person or the public security department thought that this person had committed a crime, and the procuratorate has been detained in the detention center without arrest. However, this possibility has basically disappeared. Once the suspect has been detained for more than 37 days and has not been released, even if he has not received the arrest notice for a period of time, it means that he has been arrested.