According to Article 91 of the Criminal Procedure Law, if the public security organ considers that a detained person needs to be arrested, it shall submit it to the People's Procuratorate for review and approval within three days of detention. Under special circumstances, the approval time may be extended by one to four days.
For major suspects who commit crimes on the fly, commit crimes multiple times, or conspire to commit crimes, the time for review and approval can be extended to 30 days.
The People's Procuratorate shall make a decision to approve or disapprove the arrest within seven days after receiving the approval letter from the public security organ. If the People's Procuratorate does not approve the arrest, the public security organ shall release the person immediately upon receiving the notice and promptly notify the People's Procuratorate for execution. For those who need to continue investigation and meet the conditions for release on bail pending trial or residential surveillance, they will be released on bail pending trial or placed under residential surveillance in accordance with the law.
1. The sentence shall be calculated from the date of execution of the judgment.
2. Legal Basis
1. Article 41 of the Criminal Law shall be calculated from the date of execution of the judgment. If the person is detained before the execution of the judgment, one day of detention shall be reduced to two days of imprisonment.
2. Article 44 of the Criminal Law shall be calculated from the date of execution of the judgment. If the person is detained before the execution of the judgment, one day of detention shall be reduced to one day of imprisonment.
3. Article 47 of the Criminal Law shall be calculated from the date of execution of the judgment, minus the term of fixed-term imprisonment; if the person is detained before the execution of the judgment, one day of detention shall be reduced to one day of imprisonment.
Dianjiang County People’s Congress Standing Committee-Criminal Procedure Law of the People’s Republic of China