Generally, the maximum period of criminal detention is 14 days. For major suspects who commit crimes on the run, commit crimes multiple times, or commit crimes in groups, the maximum period of detention is 37 days.
If the public security organ believes that the detainee needs to be arrested, it shall submit it to the People's Procuratorate for review and approval within three days of detention. Under special circumstances, with the approval of the person in charge of the public security organ at or above the county level, the time for submission for review and approval may be extended by 1 to 4 days. For major suspects who commit crimes on the fly, commit crimes repeatedly, or commit crimes in groups, the time for application for approval can be extended to 30 days with the approval of the person in charge of the public security agency at or above the county level.
The People's Procuratorate shall make a decision to approve or disapprove the arrest within 7 days from the date of receipt of the request from the public security organ to approve the arrest. If the People's Procuratorate does not approve the arrest, the public security organs shall release the criminal suspect immediately upon receiving the notice and promptly notify the People's Procuratorate of the implementation status. For those who need to continue investigation and meet the conditions for release on bail pending trial or residential surveillance, they will be released on bail pending trial or placed under residential surveillance in accordance with the law.
If the People’s Procuratorate deems it necessary to arrest a detainee in a case directly accepted by the People’s Procuratorate, it shall make a decision within 14 days. Under special circumstances, the time for making an arrest decision may be extended by 1 to 3 days. Those who do not need to be arrested should be released immediately. For those who need to continue investigation and meet the conditions for bail pending trial and residential surveillance, they will be released on bail pending trial and placed under residential surveillance in accordance with the law.
Extended information:
Article 80 of the "Criminal Procedure Law" adopts an enumeration method and stipulates that for current criminals or major suspects, one of the following circumstances exists. The public security organs may first detain:
(1) Those who are preparing to commit a crime, committing a crime, or are immediately discovered after committing a crime.
(2) Identified by the victim or witnesses present.
(3) Evidence of a crime is found in his neighbor or residence.
(4) Those who attempt suicide, escape or are at large after committing a crime.
(5) There is a possibility of destroying, forging evidence or colluding with confessions.
(6) Not telling the real name and address, and the identity is unknown.
(7) There is a serious suspicion of committing crimes on the fly, committing crimes multiple times, or committing crimes in a gang.
(2) For criminal suspects and defendants in the following two situations in cases directly accepted by the People's Procuratorate, except that the public security organs have the right to decide to detain or execute detention in accordance with the law, according to the "Criminal Procedure Law" According to the provisions of Article 132, the People's Procuratorate also has the right to decide to detain:
(1) Those who attempt to commit suicide, escape or are at large after committing a crime;
(2) There is a risk of destruction , forging evidence or colluding in confessions. After the People's Procuratorate decides to detain the person, it will be implemented by the public security organ.