Criminal detention does not necessarily lead to jail. The public security organ will take criminal detention according to the situation, and submit it to the procuratorate for approval to arrest within three days, which can be extended to January to April. The procuratorate usually decides whether to approve the arrest in July. If it is a major suspect who has committed a crime on the run, in a gang or for many times, the time for requesting arrest can be extended to one month, that is to say, criminal detention usually lasts for more than ten days, and the longest is 37 days. A person who is preparing to commit a crime, committing a crime or being found immediately after committing a crime, and a person who is identified as a crime by the victim or a witness on the spot may be detained in advance.
According to Article 82 of the Criminal Procedure Law, the conditions of criminal detention are stipulated. If the public security organ deems it necessary to arrest a person who meets the conditions of detention, 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 arrest may be extended by one to four days, and the time for submitting for arrest may be extended to 30 days for major suspects who have committed crimes on the run, repeatedly committed crimes or conspired to commit crimes. After the arrest is requested, the procuratorate has seven days to examine and approve the arrest, which also belongs to the detention time, that is to say, the longest criminal detention is 37 days.
Article 89 If a public security organ deems it necessary to arrest a detained person, it shall, within three days after detention, submit it to the People's Procuratorate for examination and approval. 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.
Therefore, the maximum period of criminal detention decided by the public security organ is 37 days.
Article 77 The people's courts, people's procuratorates and public security organs shall not release criminal suspects and defendants on bail pending trial for more than twelve months, and shall not keep them under residential surveillance for more than six months.
During the period of bail pending trial and residential surveillance, the investigation, prosecution and trial of the case shall not be interrupted. If it is found that criminal responsibility should not be investigated, or if the term of bail pending trial or residential surveillance expires, the bail pending trial and residential surveillance shall be released in time. When releasing a resident who has been released on bail pending trial, it shall promptly notify the resident who has been released on bail pending trial and the relevant units.