After 37 days of criminal detention, the following results can be obtained:
1, arrest, the facts are clear and the evidence is sufficient, and the procuratorate approves the arrest. Need to be investigated for criminal responsibility.
2. Release refers to the situation of innocence or insufficient evidence, that is, there is no evidence to prove or the evidence is insufficient to prove the crime involved.
3, release, and administrative detention at the same time (can be deducted, do not need to execute administrative detention), for the crime is relatively light, do not need to be investigated for criminal responsibility, but should be investigated for administrative responsibility.
4, bail, residential surveillance, for there is no need to arrest and insufficient evidence, need to continue the investigation.
First, how long can a case with insufficient evidence last?
The question of how long a case with insufficient evidence can last can be divided into three stages: investigation stage, examination and prosecution stage and trial stage.
1. In the investigation stage, if it is found that the criminal suspect should not be investigated for criminal responsibility, the case should be dismissed; A criminal suspect who has been arrested shall be released immediately, issued with a release certificate and notified to the people's procuratorate that originally approved the arrest.
2. In the stage of examination and prosecution, if the people's procuratorate still thinks that the evidence is insufficient and does not meet the conditions for prosecution, it shall make a decision not to prosecute.
3. At the trial stage, before the people's court pronounced a sentence, if the people's procuratorate found that the evidence was insufficient or changed, it could withdraw the prosecution.
Therefore, the question of how long a case with insufficient evidence can last depends on the stage of the case and the understanding of the facts and the application of the law by the case-handling organ.
Second, how to close the case of bail pending trial
First, after the expiration of bail pending trial, release bail pending trial or change compulsory measures. Secondly, if the procuratorial organ does not prosecute after the expiration of the bail pending trial, it can be released from bail pending trial if it is innocent after investigation. At this point, the parties may request the public security organ to cancel the case or transfer it to the procuratorate for review and prosecution. If the public security organ does not reply, it may request the supervision of the procuratorate. When investigating a closed case, the public security organ shall ensure that the facts of the crime are clear and the evidence is true and sufficient, write a prosecution opinion and transfer it to the people's procuratorate at the same level for examination and decision together with the case file and evidence; At the same time, inform the criminal suspect and his defense lawyer about the transfer of the case. In the course of investigation, if it is found that the criminal suspect should not be investigated for criminal responsibility, the case shall be dismissed; A criminal suspect who has been arrested shall be released immediately, issued with a release certificate and notified to the people's procuratorate that originally approved the arrest. Finally, if the bail pending trial has not been closed and the procuratorate has filed a lawsuit, then the compulsory measures will be changed.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 85 of the Criminal Procedure Law of People's Republic of China (PRC) stipulates that 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. After the circumstances that hinder the investigation disappear, the family members of the detained person shall be notified immediately. According to Article 86 of the Criminal Procedure Law of People's Republic of China (PRC), the public security organ shall interrogate the detained person within 24 hours after detention. If it is found that it should not be detained, it must be released immediately and a release certificate will be issued.