according to the relevant laws and regulations of the state, fixed-term imprisonment of not more than one year, criminal detention or public surveillance, and the longest criminal detention shall not exceed 37 days.
according to article 322 of the criminal law of the people's Republic of China, anyone who illegally crosses the border in violation of the laws and regulations governing the border (frontier), if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or public surveillance, and shall also be fined.
according to the law, the longest period of criminal detention is not more than 37 days. After 37 days, it shall be released or compulsory measures shall be taken. Those who meet the conditions may be released on bail pending trial. Whether to approve the release on bail pending trial shall be decided by the case-handling organ. After being detained in criminal detention, he should truthfully confess his crimes, actively cooperate with the investigation, and entrust a lawyer to represent him to safeguard his legitimate rights and interests.
Criminal detention is generally 14 days, and the longest is not more than 37 days. 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 time for submitting for examination and approval may be extended by 1 to 4 days. For major suspects who commit crimes on the run, recidivism or gang crimes, the time limit for submitting for examination and arrest can be extended to 3 days. Under special circumstances, the time limit for submitting an application for examination and approval may be extended by one to four days. For major suspects who commit crimes on the run, commit crimes many times or commit crimes in partnership, the time limit for submitting for examination and approval may be extended to 3 days.
the people's procuratorate shall, within 7 days from the date of receiving approval 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 personnel shall release it immediately after receiving the notice.
That is to say, the detention period of deprivation of personal freedom is generally 1 days, and it is 14 days under special circumstances; For major criminal suspects who commit crimes on the run, commit crimes many times, or commit crimes in partnership, the maximum detention period after detention can reach 37 days.
second, what is the sentencing standard for the crime of illegally crossing the country (border)?
1. Those who commit this crime are generally sentenced to fixed-term imprisonment of not more than one year, criminal detention or public surveillance, and are also fined;
2. Whoever illegally crosses the country (border) for the purpose of participating in or carrying out terrorist activities shall be sentenced to fixed-term imprisonment of not less than one year but not more than three years and shall also be fined.
Legal basis:
Article 322 of the Criminal Law of People's Republic of China (PRC)
Whoever violates the laws and regulations on the administration of national (border) territory and illegally crosses the national (border) territory, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or public surveillance, and shall also be fined; Whoever steals across the country (border) for the purpose of joining a terrorist organization, receiving training in terrorist activities or carrying out terrorist activities shall be sentenced to fixed-term imprisonment of not less than one year but not more than three years and fined.