Generally, criminal detention in criminal proceedings is limited to a maximum of 14 days. The maximum period of detention for a major suspect who is a roving offender, a multiple offender, or a gang offender is 37 days.
Violation of the People's Republic of China **** and the State Security Administration Punishment Law of general offenses, one of the most severe sanctions, belongs to a kind of administrative punishment.
The maximum period of public security detention is 15 days (release at the end of the period is decided by the public security organs and carried out in an administrative detention center; if the detention is not accepted, administrative reconsideration or administrative litigation may be instituted). The combined period of detention may not exceed 20 days.
If it is not released after 37 days, it is generally converted to arrest and subject to criminal liability.
Procedures for Detention
When the case officer of a public security organ deems it necessary to detain a criminal suspect, he shall fill in the Report on Petition for Detention, stating the relevant circumstances and reasons, and, after examination by the head of the department, be approved by the head of the public security organ, and a Detention Warrant shall be issued. Procuratorial organs to detain the suspect, should be the case officer to put forward the views of the head of the department to review the decision of the Procurator-General, and then sent to the public security organs for execution;
For the emergency situation is too late to handle the detention procedures, the People's Procuratorate can be brought to the public security organs of the suspect first, while immediately handle the detention procedures. Since China's laws provide that detention is to be carried out by the public security organs.
Therefore, if the people's procuratorate decides to detain a criminal suspect, it shall be carried out by the public security organs, and the people's procuratorate may assist the public security organs in carrying it out if necessary.
When the public security organ carries out the detention, it shall hold the Detention Certificate issued by the public security organ at or above the county level, present it to the detainee, and announce that he or she is to be detained. The detainee is then ordered to sign, stamp or press his fingerprints on the detention certificate. If the detainee refuses to sign, stamp or press his fingerprints, the executing officer shall make a note of this on the detention warrant.
Refer to Baidu Encyclopedia-Detention for the above