Article 6 1 of the Criminal Procedure Law adopts the enumeration method, stipulating that a flagrante delicto or a major suspect under any of the following circumstances shall be punished. The public security organ may detain in advance: (1) Those who are preparing to commit a crime, commit a crime or are found immediately after committing a crime. (2) The victim or a witness at the scene identified him as a criminal. (3) criminal evidence is found around or at the residence. (4) attempted suicide, escaped or escaped after committing a crime. (5) It is possible to destroy or forge evidence or collude with others. (6) Don't tell your real name and address, and your identity is unknown. (seven) suspected of committing crimes, committing crimes many times, and committing crimes in partnership.
If the public security organ considers it necessary to arrest the detained person, it shall submit it to the people's procuratorate for examination and approval within 3 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 submission for examination and approval may be extended by 1 to 4 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 committed crimes in partnership.
The people's procuratorate shall, within 7 days after receiving the approval letter from the public security organ, make a decision on whether to approve or disapprove the arrest. If the people's procuratorate does not approve the arrest, the public security organ shall immediately release the suspect after receiving the notice and promptly notify the people's procuratorate to execute it. Those who need to continue the investigation and meet the conditions of obtaining a guarantor pending trial or residential surveillance shall be granted a guarantor pending trial or residential surveillance according to law.
If the people's procuratorate deems it necessary to arrest a case directly accepted, it shall make a decision within 10 days. Under special circumstances, the time for deciding to arrest may be extended 1 to 4 days. Those who do not need to be arrested shall be released immediately. Those who need to continue the investigation and meet the conditions of obtaining a guarantor pending trial or residential surveillance shall be granted a guarantor pending trial or residential surveillance according to law.
To sum up, in general, the longest detention period in criminal proceedings is 14 days. Major suspects who commit crimes on the run, commit crimes many times or commit crimes by gangs can be detained for up to 37 days.
(Zhangzhou lawyer)