Q: Hello, my friend just started working as an urban manager in the Urban Management Bureau. He worked for 5 months. Then he stopped going to work. He didn’t go for three months. He was arrested a few days ago. The police took them away and detained them. A dozen of their colleagues at work were all arrested, and they were said to have committed crimes against moral decency. What should I do in this situation? How long will they be detained?
Answer: Junsui Legal Online Consulting will give you the answer
What is the legal period of criminal detention?
Because criminal detention is a temporary , so our country’s law stipulates the legal period of criminal detention as follows:
Article 69, paragraph 1, of the "Criminal Law" stipulates: "Public security organs may take the following measures against detained persons:
(1) Taking coercive measures against detained persons: "If the public security organ needs to arrest a detained person, it shall submit it to the People's Procuratorate for review and approval within three days after detention. Under special circumstances, the time for submission for review and approval may be extended by one to four days. "
The second paragraph stipulates: "For major suspects who commit crimes on the run, commit crimes multiple times, or commit crimes in groups, the period for application for approval can be extended to 30 days. "
Article 3 stipulates: "The People's Procuratorate shall make a decision to approve or disapprove the arrest within 7 days from the date of receipt of the request from the public security organ to approve the arrest. If the People's Procuratorate refuses to approve the arrest, the public security organ shall release him immediately after receiving the notice... "
This means that the period of detention for deprivation of personal freedom is generally 10 days, and 14 days in special circumstances; for major suspects who commit crimes, commit crimes repeatedly, or commit crimes in groups
Article 75 of the "Criminal Procedure Law" stipulates: "The criminal suspect, the defendant and his legal representative, close relatives, or the lawyer entrusted by the criminal suspect or defendant, etc. shall be responsible for the actions taken by the people's court, the people's procuratorate or the public security organ." If the compulsory measures exceed the statutory time limit, the party shall have the right to request the lifting of the compulsory measures. "
Extended reading of relevant knowledge: What does detention refer to specifically?
Detention refers to the restriction of the object of detention, but detention does not necessarily require a court order. Public security organs also have the right to detain, but The total length of detention allowed varies from country to country, and some countries can even detain the subject indefinitely. Detention in criminal proceedings is called criminal detention. It is the temporary restriction of persons who should be arrested for crimes by the public security organs and people's procuratorates in emergency situations. A method of coercion for the personal freedom of major suspects.
Criminal detention refers to the temporary coercive measures that the public security organs or people's procuratorates should take against current criminals or major suspects when investigating criminal cases. The detainee shall be interrogated within twenty-four hours after being detained. If the detainee is approved for arrest, the detainee shall be tried in accordance with the provisions of the Criminal Procedure Law. If the detainee is subsequently acquitted, the detainee may apply. State compensation.