In general, the longest period is 37 days before arrest and 2 months after investigation and detention. If the case is complicated, the period of investigation and detention may be extended by 1 month; If the circumstances are serious and complicated, or the punishment may be more than 10 years, and the investigation cannot be concluded at the expiration of the period, it may be extended by 1 time, and each extension may be 2 months. The so-called "golden 37 days" refers to the time interval between criminal detention and arrest of criminal suspects by public security organs, and the longest is 37 days.
The time to entrust a lawyer to intervene in criminal cases should be sooner rather than later. Generally speaking, the earlier a criminal lawyer intervenes, the greater the chance and possibility of applying for bail.
2, the procuratorate review and prosecution stage
The time for transferring a case from the public security organ to the procuratorate after the investigation is completed (different from the transfer at the stage of examination and arrest) is generally within 1 month, and major and complicated cases can be extended by 15 days (refer to Article 172 of the Criminal Procedure Law). If the prosecutor handles the case carelessly and the applicable law is too strict and rigid, it will be more difficult to obtain a guarantor, and vice versa.
3. Court trial stage
After the procuratorate transfers the case to the court, generally speaking, the court will pronounce the sentence within 2 months, and the case may be more complicated within 3 months. In judicial practice, it is very difficult to apply for bail pending trial at the trial stage, but it does not mean that it cannot be successful. If a criminal suspect meets the conditions for applying for bail pending trial, he may also try to apply.
A criminal case usually takes less than half a year from filing to sentencing. If you return to the supplementary investigation halfway, it will take more than a year or even longer. In practice, public security organs and procuratorates generally strictly abide by the time limit for handling cases. However, due to the large number of cases, the court generally has a large backlog of cases, so the actual time spent on criminal cases may be longer than the time stipulated in the above laws. We must seize the time to apply for bail pending trial, preferably in the investigation stage to ensure the success rate.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 67 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 68 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 69 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.