The term of criminal detention is less than 24 hours. If the evidence proves that it is possible to violate the criminal law, it will be sent to the local detention center for detention, and the detention period will be very long. If the process is within 6 months according to legal procedures (from filing a case for investigation, the investigation is transferred to the local procuratorate for review and prosecution, and the trial ends), if the case is classified as a major and complicated case, it will be concluded within 1 year, and the detention period will be the same.
The analysis of being detained for two days should be that the public security organ handling the case should hand it over to the local procuratorate for review and approval of arrest according to legal procedures, and the time limit is 14 days. In my experience, it should be the result of not approving the arrest due to insufficient evidence, and it is natural to release the suspect.
At this stage, the case has not been investigated, and the application for bail pending trial will not be approved. You can ask the police handling the case whether the progress can be applied. Bail pending trial means that the criminal suspect gets bail pending trial from the detention center, and this procedure can reduce the penalty by less than 20%.
Now the case has not been decided, and the situation here is not easy to foresee. I only list some legal provisions, please compare them.
First, the latest criminal procedure law
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: (1) Those who may be sentenced to public surveillance, criminal detention or independently apply 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.
Article 68 A guarantor shall perform the following obligations:
(1) To supervise the warrantee to abide by the provisions of Article 69 of this Law. (2) If it is discovered that the warrantee may or has violated the provisions of Article 69 of this Law, it shall promptly report to the executing organ.
If a guarantor violates the provisions of Article 69 of this Law and fails to perform his guarantee obligations, he shall be fined, and if the case constitutes a crime, he shall be investigated for criminal responsibility according to law.
Article 69 A criminal suspect or defendant who has been released on bail pending trial shall abide by the following provisions:
(a) without the approval of the executive organ, shall not leave the city or county where they live; (two) if the address, work unit and contact information change, report to the executing organ within twenty-four hours; (3) Being present in time when being arraigned; (four) shall not interfere with the testimony of witnesses in any form; (five) shall not destroy or forge evidence or collusion.
The people's courts, people's procuratorates and public security organs may, according to the circumstances of the case, order the criminal suspects and defendants who have been released on bail to abide by one or more of the following provisions:
(a) shall not enter a specific place; (2) Not meeting or communicating with specific personnel; (three) shall not engage in specific activities; (four) the passport and other entry and exit documents, driving documents to the executive organ for preservation.
If a criminal suspect or defendant who has been released on bail pending trial violates the provisions of the preceding two paragraphs and has paid the deposit, part or all of the deposit shall be confiscated, and depending on the circumstances, he shall be ordered to make a statement of repentance, pay the deposit again, put forward a guarantor or monitor his residence and be arrested. If it is necessary to arrest a person who violates the provisions on bail pending trial, the criminal suspect or defendant may be detained first. Article 70 The decision-making organ that has obtained a bail pending trial shall comprehensively consider the need to ensure the normal proceeding of litigation activities, the social danger of the person who has obtained a bail pending trial, the nature and circumstances of the case, the severity of the possible penalty, the financial situation of the person who has obtained a bail pending trial and other factors to determine the amount of the deposit. The person who provides the deposit shall deposit the deposit into the special bank account designated by the executing organ.
Article 71 If a criminal suspect or defendant does not violate the provisions of Article 69 of this Law during the period of obtaining a guarantor pending trial, he shall, after the completion of obtaining a guarantor pending trial, collect the returned deposit from the bank with the notice of obtaining a guarantor pending trial or relevant legal documents.
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. Article 165 If a people's procuratorate deems it necessary to arrest a person detained in a case directly accepted, it shall make a decision within 14 days. Under special circumstances, the time for deciding to arrest may be extended by one to three days. If there is no need for arrest, it shall be released immediately; If it is necessary to continue the investigation and meet the conditions for obtaining a guarantor pending trial or residential surveillance, the guarantor pending trial or residential surveillance shall be lifted according to law.
Two. Latest criminal law
Article 234 Whoever intentionally harms another person's body shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
Whoever commits the crime mentioned in the preceding paragraph and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or serious disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where there are other provisions in this Law, such provisions shall prevail.
Article 243 The crime of false accusation and frame-up is to fabricate facts, falsely accuse and frame others with the intention of making others be investigated for criminal responsibility. If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; If serious consequences are caused, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
State functionaries who commit the crimes mentioned in the preceding paragraph shall be given a heavier punishment. If there is no intentional frame-up, but false accusation or frame-up, the provisions of the preceding two paragraphs shall not apply. Article 237 Whoever forcibly molests or insults women by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
Whoever gathers people in public places to fight or commits the crime mentioned in the preceding paragraph shall be sentenced to fixed-term imprisonment of not less than five years. Whoever molests children shall be given a heavier punishment in accordance with the provisions of the preceding two paragraphs.
Third, the Supreme People's Court's "Supreme Court Sentencing Standards"
Section 12 Crime of Intentional Injury
Article 99 Fixed-term imprisonment of not more than three years, criminal detention, public surveillance and fixed-term imprisonment.
(a) intentional injury caused minor injuries (the injury is close to minor injuries), the social impact is not great, the victim is at fault or the defendant fully compensates the victim for economic losses, and the benchmark punishment is criminal detention or public surveillance; (2) Intentionally injuring another person's body, although it constitutes minor injuries, but the degree of injury is close to minor injuries, the benchmark punishment is fixed-term imprisonment of not more than six months; If the injury is between minor and serious, the benchmark punishment is one year's imprisonment; If the injury is close to serious injury, the benchmark punishment is fixed-term imprisonment of one year and six months.
Article 100 Fixed-term imprisonment of not less than three years but not more than ten years.
(a) intentional injury to another person's body, causing serious injuries that have not yet reached the disability standard or the degree of injury is close to the minor injury standard, and the benchmark punishment is three years in prison; (2) Deliberately injuring others' bodies, causing serious injuries to the victims 10, and the benchmark punishment is four years' imprisonment; For each additional level of disability, the sentence will be increased by one year.
Section 14 Crimes of Coercive Indecency, Insulting Women and Child Indecency
(1) If the circumstances of compulsory indecency or insult to women are general, the benchmark punishment shall be criminal detention of not more than six months; (2) If 1 woman is forced to molest or insult by coercion or other means, the benchmark punishment shall be fixed-term imprisonment of not more than six months; (3) If a woman 1 person is molested or insulted by violent means, the benchmark punishment is one year's imprisonment; (4) For every compulsory indecency or insult to the same woman 1 time, the sentence will be increased by three months; (5) If a woman is forced to molest or insult, the sentence will be increased by six months for each person exceeding/kloc-0.
(1) Whoever gathers people to indecently and insult women 1 person shall be sentenced to fixed-term imprisonment of not more than five years; (2) Whoever forcibly molests or insults women 1 person in public places shall be sentenced to five years' imprisonment; (3) Gathering people in public places or forcing others to molest or insult women in public. For every increase of 1 person, the sentence will be increased by two years; For those who repeatedly molest and insult the same woman, the sentence will be increased by one year for each additional 1 time. Article 111 stipulates that the crime of child molestation shall be given a heavier punishment, and the crime of child molestation shall be given a heavier punishment of 20%.
Article 112 When sentencing a case in accordance with the provisions of this section, the collegial panel (the sole court) may exercise its discretion within six months after comprehensively considering the sentencing factors such as personal danger and social harm when sentencing in accordance with Article 109. When sentencing according to Article 1 10, discretion can be exercised within one year.