What is the term of criminal detention?

Legal analysis: It usually takes about seven months from criminal detention to final sentence. However, due to various situations during this period, it may take a long time from criminal detention to final sentence in a special period.

Legal basis: Article 91 of the Criminal Procedure Law of People's Republic of China (PRC): If the public security organ deems it necessary to arrest a detained person, it shall submit it to the people's procuratorate for examination and approval within three days after detention. Under special circumstances, the approval time can be extended by one to four days.

For major suspects who commit crimes on the run, commit crimes many times or commit crimes in collusion, the time for submitting for examination and approval may be extended to 30 days.

The people's procuratorate shall, within seven 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 it 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.

Article 156 of the Criminal Procedure Law of People's Republic of China (PRC): The period of detention and investigation after the arrest of a criminal suspect shall not exceed two months. If the case is complicated and cannot be concluded at the expiration of the time limit, it may be extended for one month with the approval of the people's procuratorate at the next higher level.

Article 157 of the Criminal Procedure Law of People's Republic of China (PRC): For particularly serious and complicated cases that are not suitable for long-term trial due to special reasons, the Supreme People's Procuratorate shall report to the NPC Standing Committee for approval to postpone the trial.

Article 158 of the Criminal Procedure Law of People's Republic of China (PRC): If the investigation cannot be concluded after the expiration of the time limit stipulated in Article 156 of this Law, it may be extended for two months with the approval or decision of the people's procuratorate of the province, autonomous region or municipality directly under the Central Government:

(1) Major and complicated cases in remote areas with very inconvenient transportation;

(2) Major criminal group cases;

(3) Major and complicated cases of escaping crime;

(four) major and complex cases involving a wide range and difficult to obtain evidence.

Article 159 of the Criminal Procedure Law of People's Republic of China (PRC): If the criminal suspect may be sentenced to fixed-term imprisonment of more than 10 years, and the investigation is terminated after the expiration of the time limit according to the provisions of Article 158 of this Law, it may be extended for another two months with the approval or decision of the people's procuratorates of provinces, autonomous regions and municipalities directly under the Central Government.

Article 208th of the Criminal Procedure Law of People's Republic of China (PRC): When trying a case of public prosecution, the people's court shall pronounce a judgment within two months after accepting it, and no later than three months. For a case that may be sentenced to death or an incidental civil lawsuit, if one of the circumstances stipulated in Article 158 of this Law occurs, it may be extended for three months with the approval of the people's court at the next higher level; Due to special circumstances need to be extended, it shall be submitted to the Supreme People's Court for approval.

If the people's court changes its jurisdiction, it shall be counted from the date when the changed people's court receives the case.

The people's court shall recalculate the time limit for hearing a case transferred to the people's court after the supplementary investigation by the people's procuratorate is completed.

Article 212 of the Criminal Procedure Law of People's Republic of China (PRC): The people's court may mediate a case of private prosecution; Before the verdict is pronounced, the private prosecutor may reconcile with the defendant or withdraw the private prosecution. Mediation is not applicable to cases specified in Item 3 of Article 210 of this Law.

The time limit for the people's court to hear a case of private prosecution, and if the defendant is detained, the provisions of paragraphs 1 and 2 of Article 208th of this Law shall apply; Those who are not in custody shall be sentenced within six months after accepting the case.