How long will it take to be arrested and sentenced by the court after criminal detention?
1. According to Article 156 of the current Criminal Procedure Law, in general cases, the public security stage: the longest investigation period during criminal detention is 37 days, and the investigation detention after arrest is generally 2 months; Procuratorate stage: 1 month; Court stage: 3 months; Therefore, it takes about 7 months for a general criminal case.
2. Major and complicated cases, public security stage: the longest investigation and detention after arrest is 7 months; Procuratorial stage: up to 6.5 months; Court stage: up to 20 months. Therefore, the longest time for major and complicated cases is more than two years, and those who have the right to ask questions will be longer.
3. Once you enter the criminal justice process, entrust a lawyer who specializes in criminal defense business as soon as possible: If the case is related to the personal freedom and property rights of the parties in the criminal justice process, you can't wait and wait-every litigation stage, that is, public prosecution, law or investigation, prosecution and trial, criminal defense lawyers have specific work contents, and they conduct specific defense work for different judicial documents and evidence materials held by the three organs respectively. Put forward different criminal lawyer documents to the three organs respectively, and persuade the case-handling organ to write the lawyer's defense opinions into judicial documents such as prosecution opinions, indictments or judgments. If criminal defense lawyers are entrusted only at the court stage, they will lose the opportunity to implement facts and circumstances in favor of criminal suspects and criminal defendants at the public and procuratorial stages.
Second, what will happen after being detained in criminal detention?
The public security organ shall interrogate the criminal detainee within 24 hours after detention. If it is found that it should not be detained, a release notice will be issued, and the detention center will issue a release certificate to the detainee with the release notice and release it immediately. After examining the criminal suspect in custody, according to the case, it shall be reported to the person in charge of the public security organ at or above the county level for approval, and the following treatments shall be made respectively:
1. If necessary, apply for approval of arrest according to law within the detention period;
2, should be investigated for criminal responsibility, but there is no need to arrest, according to legal provisions or procedures, directly to the people's Procuratorate;
3. Failing to find out the facts of the crime during detention, going through the formalities of obtaining a guarantor pending trial or residential surveillance according to law, and continuing the investigation;
4. If the case is dismissed, the detainee shall be released and a release certificate shall be issued.
legal ground
Article 156 of the Criminal Procedure Law
General case, public security stage: the longest investigation period is 37 days, and the investigation detention after arrest is generally 2 months; Procuratorate stage: 1 month; Court stage: 3 months; Therefore, it takes about 7 months for a general criminal case.
Article 14 of the Criminal Procedure Law of People's Republic of China (PRC)
In a case where a criminal suspect has been arrested, if the investigation cannot be terminated within two months after the arrest, and the detention period is changed according to law, the criminal suspect shall be released before the expiration of the detention period. If compulsory measures need to be changed, the examination and approval procedures shall be performed before the criminal suspect is released.