Detention for 37 days, release or arrest?

If the criminal detention lasts for more than 37 days, the procuratorate shall issue an arrest warrant if it considers that the arrest should be approved; If it is not necessary to approve the arrest, it will issue a notice of disapproval to the public security department, and the public security department must release the person immediately after receiving the notice of disapproval.

According to Article 113 of the Procedures for Handling Criminal Cases by Public Security Organs, after reviewing the criminal suspects in custody, they shall be reported to the person in charge of the public security organ at or above the county level for approval according to the case, and the following treatments shall be made respectively:

(a) if it is necessary to arrest, within the detention period, apply for approval of arrest according to law;

(two) criminal responsibility should be investigated, but it is not necessary to arrest, and after obtaining bail or residential surveillance procedures according to law, directly bring a lawsuit to the people's procuratorate;

(3) If the facts of the crime cannot be ascertained during the period of detention, the investigation shall be continued after going through the formalities of obtaining bail pending trial or residential surveillance according to law;

(4) In any of the circumstances specified in Article 168 of these Provisions, the case shall be dismissed, the detainee shall be released and a release certificate shall be issued. Need administrative treatment, according to law.

Extended data:

Procedures for handling criminal cases by public security organs? Article 109 If it is considered necessary to arrest a detained criminal suspect after examination, it shall be reported to the People's Procuratorate for examination and approval within three days after detention. Under special circumstances, with the approval of the person in charge of the public security organ at or above the county level, the time for submitting an arrest for examination and approval may be extended by one to four days.

With the approval of the person in charge of the public security organ at or above the county level, the time for reporting for examination and approval can be extended to 30 days for major criminal suspects who have committed crimes on the run, repeatedly committed crimes or colluded with each other.

References:

Official Website of China Ministry of Public Security-Procedures for Public Security Organs to Handle Criminal Cases