I. General terminology
Article 154 of the Criminal Procedure Law stipulates that the period of investigation and detention of a criminal suspect after arrest shall not exceed two months. If the criminal suspect has been detained before arrest, the detention period shall not be included in the investigation detention period. Under normal circumstances, the investigation organ shall end the investigation within the time limit for investigation and detention prescribed by law.
Second, the special period
The special detention period refers to the extension of the investigation detention period, but it must meet the legal conditions and perform the corresponding examination and approval procedures. The main situation is as follows:
1. According to Article 154 of the Criminal Procedure Law, if the case is complicated and cannot be concluded within the time limit, it may be extended by 1 month with the approval of the people's procuratorate at the next higher level.
2. According to the provisions of Article 155 of the Criminal Procedure Law, if, due to special reasons, particularly serious and complicated cases should not be tried for a long time, the Supreme People's Procuratorate should report to the NPC Standing Committee to postpone the trial.
3. According to the provisions of Article 156 of the Criminal Procedure Law, if the investigation cannot be concluded at the expiration of the time limit stipulated in Article 154 of the Criminal Procedure Law, it may be extended for two months with the approval or decision of the people's procuratorate of the province, autonomous region or municipality directly under the Central Government:
(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.
4. According to article 157 of the Criminal Procedure Law, the suspect may be sentenced to more than 10 years in prison. If the investigation cannot be concluded after the extension period according to Article 156 of this Law expires, it may be extended for another two months with the approval or decision of the people's procuratorate of the province, autonomous region or municipality directly under the Central Government.
According to the provisions of Article 30 and Article 3 1 of the Regulations on Six Organs, if a public security organ requests to extend the detention period of a case, it shall submit it seven days before the expiration of the detention period, and submit the main facts of the case and the specific reasons for extending the detention period in writing. The people's procuratorate shall make a decision before the expiration of the detention period. The case directly put on file for investigation in the Supreme People's Procuratorate meets the conditions stipulated in Articles 154, 156 and 157 of the Criminal Procedure Law. If it is necessary to extend the detention period of a criminal suspect, it shall be decided by the Supreme People's Procuratorate according to law.
Third, other time constraints.
According to the provisions of the Criminal Procedure Law and the Regulations of the six organs, if the following circumstances are not included in the original investigation detention period, the detention period will be recalculated:
1. In the course of investigation, if the suspect is found to have committed other major criminal acts, the period of investigation detention shall be recalculated according to the provisions of Article 154 of the Criminal Procedure Law from the date of discovery. If the time limit for investigation and detention is recalculated, it may be decided by the public security organ without the approval of the people's procuratorate, but it shall be reported to the people's procuratorate for the record.
2. After the supplementary investigation by the public security organ is transferred to the procuratorate, the people's procuratorate recalculates the review period.
3, the people's Procuratorate supplementary investigation of the case, after the supplementary investigation to the people's court, the people's court to re calculate the trial period.
4. If the people's court changes the jurisdiction of the case, the trial period shall be recalculated from the date when the changed people's court receives the case.
5. The people's court of second instance remands the case to the people's court for retrial, and the people's court that originally tried the case recalculates the trial period from the date of receiving the remanded case.
6, the application of summary procedure to ordinary procedure cases, the trial period shall be calculated from the date of decision to ordinary procedure.
Four. other terms
1. 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. If the facts of the crime are clear and the evidence is true and sufficient, they may also be transferred to the people's procuratorate for examination and prosecution according to their self-reported names.
2, the time of psychiatric appraisal of criminal suspects in custody, not included in the investigation detention period. Other appraisal time should be included in the detention period.
Extended data:
Criminal case investigation process:
The public security organ may impose criminal detention on an active criminal or a major suspect. Detainees should be questioned within 24 hours after detention. A criminal suspect may hire a lawyer to provide him with legal advice, complaints and accusations after the first interrogation by the investigation organ or from the day when compulsory measures are taken. The entrusted lawyer has the right to know the charges charged by the criminal suspect from the investigation organ, and can meet the criminal suspect in custody and get information from the criminal suspect.
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. For major suspects who commit crimes on the run, commit crimes many times or commit crimes in collusion, the time for submitting for examination and approval may be extended to 30 days.
The people's procuratorate shall, within seven days after receiving the approval letter 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.
If the suspect is arrested, the lawyer hired can apply for bail pending trial. The public security organ shall not detain a criminal suspect for more than two months after his arrest. 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.
When investigating a closed case, the public security organ shall ensure that the facts of the crime are clear and the evidence is true and sufficient, write a prosecution opinion and transfer it to the people's procuratorate at the same level for examination and decision together with the case file and evidence.
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