Article 125 For particularly serious and complicated cases that cannot be submitted for trial for a long time due to special reasons, the Supreme People's Procuratorate shall report to the NPC Standing Committee for approval to postpone the trial.
Article 126 If the investigation of the following cases cannot be concluded within the time limit specified in Article 124 of this Law, it may be extended for two months with the approval or decision of the people's procuratorates of provinces, autonomous regions and municipalities 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 cases of escaping crime;
(four) major and complex cases involving a wide range and difficult to obtain evidence.
Article 127 A criminal suspect may be sentenced to fixed-term imprisonment of not less than 10 years. If the extended period stipulated in Article 126 of this Law expires and the investigation is terminated, it may be extended for another two months with the approval or decision of the people's procuratorate of a province, autonomous region or municipality directly under the Central Government.
That is to say, according to the Criminal Procedure Law, including all cases of delayed detention, it can only be extended to 7 months (generally 2 months, the case at the next higher level can be extended by 1 month, and it can be extended by 2 months if it complies with Article 126, and it can be extended by 2 months if it is more than 10 years.
So 2+ 1+2+2=7), so your friend must have been detained for an extended period, but the phenomenon of extended detention is so common in China that lawyers are helpless.
Extended data:
1, the right of state organs to investigate and collect evidence
Special activities and related compulsory measures taken by state organs with the right to investigate and collect evidence to find out the case, collect evidence and detain the violator according to law.
In general, the state organs that have the right to investigate and collect evidence are: public security, procuratorates, courts and other administrative organs have the right to investigate and collect evidence within their administrative functions and business fields.
2. Focusing on the principle of rights advocated by the client.
The purpose of civil litigation is to solve the disputed facts between the original defendant and the defendant, and to solve the dispute, there must be evidence to prove it. Only by investigating and collecting evidence around the disputed facts, and the evidence thus obtained has a direct causal relationship with the disputed facts, can it be proved. Otherwise, it is useless evidence.
3. The principle of objectivity and timeliness
Because Shi Li's case exists objectively, the evidence to prove the facts of the case should also exist objectively. As evidence in litigation, it must be an objective fact. No matter physical evidence, documentary evidence or witness, fictional facts and statements made after speculation and hypothesis can be written as evidence.
Therefore, in the process of investigation and evidence collection, lawyers must pay attention to collecting and collecting evidence that is directly causal or objectively related to the disputed facts.
4, the principle of legal and meticulous
(1) Legality means that lawyers should collect evidence in accordance with the Lawyers Law, the Civil Procedure Law and other laws and regulations. Collecting evidence legally is the premise to ensure the probative force of evidence. Illegally collected evidence cannot be used as
The basis of the final decision. The legality of collecting evidence mainly includes the following aspects: First, when an attorney investigates and collects evidence from relevant units or individuals, he should show the lawyer's practice license, lawyer's investigation letter or special certificate for lawyer's investigation to the investigated unit or individual, explain the purpose, and at the same time, he must inform the investigated person that he should provide evidence truthfully.
Secondly, the investigation record should record: name, gender, age, occupation, address, contact information, etc. The respondent's; The name, gender, age and law firm of the investigator; The year, month, day and place of the investigation; The investigation record shall be submitted to the respondent for verification, and finally signed or sealed by the respondent.
Thirdly, copying the materials of the investigated unit should be verified by the competent personnel and stamped with the official seal of the unit: indicate the year, month and day; And attach the certificate of the investigator (attorney). Finally, investigation and evidence collection from witnesses should not be carried out by threats, deception, torture and other illegal means.
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