According to the provisions of the Criminal Procedure Law, under normal circumstances, the longest period of criminal detention is 37 days, and the investigation period after arrest is two to three months. The time limit for the procuratorate to review and prosecute is generally one month to one and a half months, and the time limit for the court to hear is two to three months. Therefore, under normal circumstances, it takes about six months from the date of criminal detention to the court for sentencing.
Of course, this is just normal. If the case is special, such as supplementary investigation after application, postponement, etc., the time will be longer.
Criminal detention refers to temporary compulsory measures taken by public security organs or people's procuratorates against active criminals or major suspects in the investigation of criminal cases. The public security organ shall interrogate the detained person within 24 hours after detention. If the detainee is arrested, he will be tried in accordance with the criminal procedure law. If acquitted after the trial, the arrested person can apply for state compensation. Criminal detention is not a punishment or sanction.
The longest period of criminal detention is 37 days (the time limit for applying for approval of arrest can be extended to 30 days for major suspects who commit crimes on the run, repeatedly commit crimes or commit crimes in partnership). The procuratorate must make a decision to approve or disapprove the arrest within 7 days.
Legal basis: Criminal Procedure Law of People's Republic of China (PRC).
Article 64 The people's courts, people's procuratorates and public security organs may, according to the circumstances of a case, arrest a criminal suspect or defendant, obtain a guarantor pending trial or place him under residential surveillance.
Article 65 The people's courts, people's procuratorates and public security organs may obtain a guarantor pending trial for a criminal suspect or defendant under any of the following circumstances:
(a) may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;
(two) may be sentenced to more than fixed-term imprisonment, bail will not cause social danger;
(3) A woman who is seriously ill, unable to take care of herself, pregnant or breast-feeding her baby is released on bail pending trial, which will not cause social danger;
(four) the detention period expires, the case has not yet been settled, and it is necessary to get a bail pending trial.
Bail pending trial shall be executed by the public security organ.
Article 66 When people's courts, people's procuratorates and public security organs decide to release a criminal suspect or defendant on bail pending trial, they shall order the criminal suspect or defendant to put forward a guarantor or pay a deposit.
Article 67 A guarantor must meet the following conditions:
(1) is irrelevant to this case;
(2) Having the ability to perform the guarantee obligations;
(three) enjoy political rights and personal freedom is not restricted;
(4) Having a fixed residence and income.