First, the calculation of the number of months during the criminal procedure law
The calculation rules of months during the criminal procedure law are as follows:
1. The period is calculated by hour, day and month.
2. The start time and date of the cycle are not included in the cycle.
3. The legal period does not include the time on the road. Therefore, if the appeal or other documents have been sent before the expiration of the time limit, it is not overdue.
4. If the last day of the term falls on a holiday, the first day after the holiday shall be the expiration date of the term. However, the detention period of criminal suspects, defendants and criminals shall be the expiration date on that day and shall not be extended due to the holiday.
2. Obviously, Article 82 of the Criminal Procedure Law is only the procedural basis for the public security organs to take criminal detention measures against criminal suspects, and has nothing to do with the crimes involved and the severity of sentencing. Accusation and sentencing belong to the category of substantive law and criminal law.
Third, it is basically the first time for family and friends to encounter criminal cases, so it is not surprising that there are misunderstandings. In fact, if we look closely, the notice of criminal detention contains the accused charges, and the corresponding provisions of the criminal law are the legal basis for conviction and sentencing.
4. What should the family members do after receiving the detention notice?
1. After receiving the detention notice, you can entrust a lawyer to meet your relatives as soon as possible, and communicate effectively with the police officer after knowing the case, so as to strive for bail pending trial or release.
2. The important role of lawyers involved in the criminal detention stage is to analyze whether the case constitutes a crime or whether it is possible to get bail. If the research may not constitute a crime, it shall promptly explain the legal opinions to the public security organs, submit written materials and urge them to withdraw the case.
3. According to Article 85 of the Criminal Procedure Law, when a public security organ detains a person, it must produce a detention permit. After detention, the detained person shall be immediately sent to the detention center for custody, and shall not exceed twenty-four hours. Unless it is impossible to notify or the notification of suspected crimes endangering national security or terrorist activities may hinder the investigation, the family members of the detained person shall be notified within 24 hours after detention.
4. If the suspect is under criminal detention, the family members should start preparing the following matters as soon as possible:
(1) Take the initiative to understand the relevant provisions of the criminal law of the crimes involved. The "notice of detention" will contain information such as the accused crime and detention place of the suspect. Family members can learn about the legal knowledge of related crimes, such as crime constitution, filing standards and sentencing standards, by searching relevant laws and materials.
Although these lawyers know basic legal knowledge, if family members don't understand the relevant criminal law provisions at all, the efficiency of family members looking for lawyers and communicating with lawyers will be discounted.
(2) Prepare to entrust a lawyer and strive for bail pending trial. It is sooner rather than later to entrust a lawyer to intervene in criminal cases. Under normal circumstances, family members should entrust a lawyer to intervene as soon as possible after receiving the detention notice issued by the public security organ. Lawyers can get to know the details of the crimes involved by meeting the parties, and family members can also get to know the details of the crimes involved by lawyers one day earlier, so as to relieve their anxiety one day earlier.
legal ground
Article 82 of the Criminal Procedure Law stipulates that the public security organ may detain a flagrante delicto or a major suspect in any of the following circumstances:
(1) Being prepared to commit a crime, committing a crime or being discovered immediately after committing a crime;
(2) The victim or a witness on the spot identifies him as a criminal;
(3) criminal evidence is found around him or at his residence;
(four) attempted suicide, escape or escape after committing a crime;
(5) It is possible to destroy or forge evidence or collude with others;
(six) do not speak the real name and address, the identity is unknown;
(7) Being seriously suspected of committing crimes on the run, committing crimes for many times or committing crimes in association.