Custody is the temporary detention of criminal suspects by judicial organs before the final judgment. Extended detention refers to detention beyond the statutory time limit. Detention is not a compulsory measure stipulated in the criminal procedure law, but an incidental consequence of criminal detention and arrest. The term of detention mainly refers to the legal term of detention and arrest. Detention beyond the provisions of the Criminal Procedure Law on detention, arrest, investigation after arrest and during the trial is extended detention. The following are the relevant provisions of the Criminal Procedure Law on the duration of detention:
I. Investigation stage
In the investigation stage, detention is divided into two forms: detention and arrest, in which detention is divided into two cases: public security organs investigating cases and procuratorial organs investigating cases themselves.
Detention:
Public security organs investigate cases: detention period 14 days. This 14 day includes: if the detainee thinks it is necessary to arrest, he shall submit it to the people's procuratorate for examination and approval within 3 days after detention. Under special circumstances, the time for submission and approval may be extended by 1 to 4 days. The time limit for the people's procuratorate to examine and approve the arrest is 7 days. However, for major suspects who commit crimes on the run, commit crimes repeatedly, or commit crimes in partnership, the time required by law to submit for examination and approval can be extended to 30 days.
Procuratorial organs handle cases by themselves: detention period 14 days. If it is considered necessary to arrest the detained person, a decision shall be made within 10. Under special circumstances, the time for deciding to arrest may be extended 1 to 4 days.
Arrest:
The period of investigation and detention of a criminal suspect after his arrest shall not exceed two months. If the case is complicated and cannot be concluded at the expiration of the time limit, it may be extended for one month with the approval of the people's procuratorate at the next higher level. For the following four types of cases: (1) major and complicated cases in remote areas with very inconvenient transportation; (2) Major criminal group cases; (3) Major and complicated escape criminal cases; (4) Major and complicated cases involving a wide range and difficulties in obtaining evidence. If the investigation cannot be concluded at the expiration of the time limit, it may be extended for another two months with the approval or decision of the provincial people's procuratorate. The criminal suspect may be sentenced to fixed-term imprisonment of more than 10 years. If the investigation cannot be concluded at the expiration of the time limit, it may be extended for another two months with the approval or decision of the provincial people's procuratorate. For particularly serious and complicated cases, Article 125 of the Criminal Procedure Law stipulates that for particularly serious and complicated cases that are not suitable for long-term trial due to special reasons, the Supreme People's Procuratorate shall report to the National People's Congress Standing Committee (NPCSC) for approval to postpone the examination.
In addition, there are three special circumstances for the starting time of the detention period: during the investigation, if the suspect is found to have committed other important crimes, the time limit will be recalculated from the date of discovery; If the criminal suspect does not give his real name and address, and his identity is unknown, the period of investigation and detention shall be counted from the date when his identity is ascertained, but the investigation and evidence collection of his criminal acts shall not be stopped; The time limit for psychiatric appraisal of criminal suspects is not included in the time limit for handling cases.
Second, the stage of review and prosecution.
The detention period in the stage of examination and prosecution is one month. Major and complicated cases can be extended for half a month. If the jurisdiction is changed, the time limit shall be recalculated from the date when the people's procuratorate after the change receives the case; Article 140 of the Criminal Procedure Law stipulates that when examining a case, the people's procuratorate may return it to the public security organ for supplementary investigation or conduct investigation on its own. A case under supplementary investigation shall be completed within one month. Supplementary investigation shall be limited to two times, no more than two times at most. After the supplementary investigation is transferred to the people's procuratorate, the people's procuratorate recalculates the time limit for examination and prosecution.
Third, the trial stage.
The period of detention in the first instance stage is one month, and shall not exceed one and a half months at the latest. Four types of cases may be extended for another month with the approval or decision of the Higher People's Court; For a case whose jurisdiction is changed, the time limit shall be recalculated from the date when the people's court after the change receives the case; The time limit for a case transferred to a people's court after supplementary investigation by a people's procuratorate (the time limit is less than one month) shall be recalculated.
In the second instance stage, the detention period is one month, and it shall not exceed one and a half months at the latest. Four types of cases may be extended for another month with the approval or decision of the Higher People's Court; However, the cases of appeal and protest accepted by the Supreme People's Court shall be decided by the Supreme People's Court.
According to the relevant provisions of the Criminal Procedure Law, criminal suspects and defendants who should not be detained, do not need to be arrested, do not approve the arrest, are in custody and are acquitted, and have served their sentences in the supervision place should be released immediately. ... expand all >
Sd _ Yang Fa | 2007-06-2 1
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Other answers
The term of criminal detention is generally no longer than 37 days. In the meantime, arrests are usually made. After the arrest, the case will be handled within the time limit prescribed by the Criminal Procedure Law. In the investigation stage, it is not a big problem to detain for one year according to the regulations. In addition, the prosecution stage is one month and the trial stage is one month. If your case has passed three months, and it is a drug case, you should generally entrust a lawyer to defend it, get more detailed information and try to get a lighter punishment.
Liu Bohua | June 2, 20071
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Has your friend been arrested? He should have been criminally detained on suspicion of a criminal offence. In criminal cases, criminal detention can last up to 37 days, during which it will be turned into arrest. Then there is a long period of detention until the court makes a judgment.