Certainly not!
The Criminal Procedure Law stipulates that:
(1) 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.
Description:
In judicial practice, if you can apply for approval of arrest within three days when implementing the regulations, you should apply for approval of arrest within three days; If the three-day period is not enough, it can be extended by one to four days. However, it is necessary to apply to the people's procuratorate for approval of arrest within this time limit. After an extension of one to four days, the time limit cannot be extended.
(2) The time for reporting for examination and approval may be extended to 30 days for major suspects who have committed crimes on the run, repeatedly committed crimes or committed crimes by gangs.
Description:
When this provision is implemented in judicial practice, if the arrest cannot be submitted for approval within three days, it will be directly extended to thirty days, including the previous three days. You must apply to the people's procuratorate for approval of arrest within 30 days.
(3) The people's procuratorate shall, within seven days after receiving the approval letter of arrest from the public security organ, make a decision on whether to approve or disapprove the arrest. If the people's procuratorate does not approve the arrest, the public security organ shall immediately release it after receiving the notice and promptly notify the people's procuratorate to execute it. Those who need to continue the investigation and meet the conditions of obtaining a guarantor pending trial or residential surveillance shall be granted a guarantor pending trial or residential surveillance according to law.
Description:
The people's procuratorate shall, within seven days from the date of receiving the notice of approval of arrest from the public security organ, decide whether to approve the arrest or not. Therefore, the specified seven days is the time when the people's procuratorate approves or disapproves the arrest.
To sum up, the normal period of criminal detention is 14 days, and it is 37 days under special circumstances.
2. Bail pending trial, residential surveillance, criminal detention and arrest are all compulsory measures in criminal proceedings. They are not a punishment in themselves, but safeguard measures to ensure the smooth progress of litigation. To put it bluntly, it is to ensure that the parties do not run away. Among them, bail pending trial is the least coercive measure. After placing a case on file for investigation and taking the latter three compulsory measures, the investigation organ may apply for bail pending trial. Of course, the application is the right of the parties, and whether the investigation organ approves it is another matter!
First, the concept of bail pending trial
Bail pending trial is a criminal compulsory measure. In our country, it refers to the compulsory measures that people's courts, people's procuratorates or public security organs order some criminal suspects and defendants to put forward guarantors or pay deposits to ensure that they are on call. Handled by the public security organs.
Second, the conditions for obtaining a guarantor pending trial
(1) may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;
(2) may be sentenced to more than fixed-term imprisonment, and obtaining a bail pending trial will not cause social danger.
(3) The criminal suspect or defendant who should be arrested suffers from a serious illness or is pregnant or nursing a baby.
(4) If a criminal suspect or defendant is detained and the judicial organ fails to close the case within the statutory time limit, he may be released on bail pending trial.
(5) If the public security organ applies for the arrest of a criminal suspect or defendant, but the people's procuratorate refuses to approve it, the case needs further investigation, and if it meets the conditions for obtaining a bail pending trial, it may decide to obtain a bail pending trial according to law.
(6) With valid entry and exit certificates, those who may leave the country to avoid being investigated for criminal responsibility, but do not need to be arrested, may apply for bail pending trial.
Third, the skills of applying for bail pending trial
The provisions of the law on bail pending trial are very flexible, broad and flexible. In addition to being familiar with the relevant criminal law and handling procedures, we should also master rich experience, technology and communication skills in handling cases.
1, according to specific cases, to find and explore the objective conditions for criminal suspects and defendants to obtain bail pending trial. Such as mitigating circumstances, subjective malignancy, good health, excluding evidence of crime and so on.
2. Actively guide criminal suspects, defendants and their families to reduce social harm. In addition to the objective conditions, it is easier to get a bail pending trial under the following subjective circumstances.
(1) voluntarily confessed and truthfully confessed the facts of the crime.
(2) taking the initiative to expose and report the criminal facts of accomplices or others, or providing clues to solve the case.
(3) There are circumstances of surrender and meritorious service.
(4) Refusing stolen goods in property cases such as fraud and actively paying fines.
(5) In cases of personal injury, actively compensate the victim and obtain the victim's understanding.
3. Full communication. In handling cases, communication with public, procuratorial and legal organs is very important.
In practice, we should handle it flexibly according to different situations, communicate with case handlers and units, communicate with victims and coordinate all aspects. Communication should be timely and sufficient, criminal cases have extremely strict procedures, and judicial organs have a stricter system of investigating misjudged cases for relevant case handlers. Therefore, once the evidence, facts or legal provisions favorable to the criminal suspect are found, it is difficult to contact the case-handling personnel immediately to remind them to adopt it, otherwise it will be difficult to miss the opportunity.
Four, the main body of the application for bail pending trial
There are basically no restrictions. I, my relatives and lawyers can apply. In general, the key to successful application is not who applied for it, but whether it meets the conditions of bail pending trial. Many skills and great flexibility. Lawyers who are familiar with criminal law and have rich experience in handling cases will have a greater chance of success.
I hope I can help you. Good luck!