What is the legal basis for 37 days' imprisonment for picking quarrels and making troubles?
1. What is the legal basis for detention for 37 days? Those detained for 37 days may be released on bail pending trial or under residential surveillance. If the public security organ deems it necessary to arrest the detained person, it shall submit it to the people's procuratorate for examination and approval within three days after detention. Under special circumstances, the approval time can be extended by one to four days. That is, under normal circumstances, the public security organ may detain the criminal suspect for 3 days; Under special circumstances, it can be extended by 1 to 4 days. For those who commit crimes on the run, commit crimes many times or commit crimes by gangs, they can be extended for 30 days, that is, the longest is 37 days. Second, how long does it usually take to close the case of suspected provocation? The crime of stirring up trouble refers to wanton provocation, beating and harassing others at will, destroying or occupying public or private property at will, or making trouble in public places. Acts that seriously undermine social order. Whoever commits one of the following acts of provoking troubles and disturbing social order shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance: (1) beating others at will, and the circumstances are bad; (two) chasing, intercepting, insulting or intimidating others, and the circumstances are bad; (three) extortion or arbitrary damage, occupation of public or private property, if the circumstances are serious; (4) Causing serious disorder in public places. Whoever gathers people for many times to commit the acts mentioned in the preceding paragraph and seriously undermines social order shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and may also be fined. Article 11 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases Affecting the Prevention and Control of Infectious Diseases stipulates that in the process of prevention and control of infectious diseases and other disasters, if the circumstances are serious, or public or private property is arbitrarily damaged or occupied, or public places are noisy, resulting in serious disorder in public places, in accordance with the provisions of Article 293 of the Criminal Law, the offender shall be convicted and punished for the crime of stirring up trouble. Third, the act of seeking trouble (1) beats others at will, and beats others at will if the circumstances are bad. It means that people you know or don't know are beaten for no reason or no reason because of unhealthy motives such as bullying and playfulness. The bad plot here refers to those who beat others at will by cruel means and beat others at will many times; Causing the beaten person to commit suicide and other serious consequences. (2) Chasing, intercepting and insulting others, or chasing, intercepting and insulting others with bad circumstances, refers to chasing, intercepting, insulting and insulting others for no reason with unhealthy motives such as having fun and seeking spiritual stimulation, and most of them are chasing, intercepting and insulting women. The bad plot here mainly refers to people who often chase, intercept and abuse others; Causing bad influence or arousing public anger; Cause other consequences and so on. It should be pointed out that the act of forcing or insulting women by violence, coercion or other means constitutes the crime of forcing or insulting women. (3) Extortion or arbitrary destruction or occupation of public or private property, or arbitrary destruction or occupation of public or private property, if the circumstances are serious, refers to extortion of commodities in fairs and shops and other people's property by unreasonable hooliganism, or arbitrary destruction or occupation of public or private property. The serious circumstances here mean that a large number of public and private property has been forcibly seized or arbitrarily damaged or occupied; Causing adverse effects; Repeatedly extorting money or arbitrarily damaging or encroaching on public or private property; Causing serious losses to public and private property and so on. (4) Making troubles in public places, causing serious disorder in public places, refers to the act of making troubles in public places with unhealthy motives such as having fun and seeking spiritual stimulation, disturbing the order in public places, causing serious disorder in public places. As long as the actor has any of the above four situations, it constitutes the crime of picking quarrels and provoking troubles. However, in the trial practice, the actor often not only forcibly takes the essentials, but also beats others at will, or chases, intercepts and insults others first, and then destroys and occupies public and private property at will. In order to satisfy the rogue motivation of seeking spiritual stimulation and having fun, the actor usually carries out multiple acts, and then only considers this crime as one crime. It can be seen that the 37-day provocation has reached the longest arrest time stipulated in China's criminal procedure law. If the case has not been handed over to the procuratorate on the 37th day, the suspect can actually seize the time to entrust his lawyer to help him apply for bail pending trial. In this case, the public security organ is no longer qualified to continue to detain the criminal suspect in the designated place.