1. Is it legal not to prosecute after being arrested for half a year?
1, law, according to the current criminal procedure law, general cases, 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. According to the current criminal procedure law, major and complex 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.
2. Can I get bail pending trial after my arrest?
It is relatively more difficult to get bail pending trial after arrest, but it is not impossible. Even if the public security stage is unsuccessful, the prosecution department of the procuratorate can still actively strive for bail pending trial. If the performance is good and the consequences are not serious, even if the bail pending trial fails, you can try your best to win probation in court. Of course, within the scope permitted by law, the legal operation method still pays attention to certain skills.
Conditions for obtaining bail pending trial:
1, may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment. That is to say, if a criminal suspect or defendant has a minor crime and does not need to be arrested, but may evade investigation, prosecution and trial and hinder the smooth progress of the lawsuit, he should be released on bail pending trial.
2, may be sentenced to more than fixed-term imprisonment, bail pending trial will not cause social danger. That is, if the criminal suspect or defendant commits a serious crime, but there is no social danger when he is released on bail and there is no need to arrest him, he should be released on bail and wait for trial.
3, should be arrested, but suffering from serious illness, not suitable for detention, such as illness, life can not take care of themselves, can be released on bail pending trial.
4. Those who should be arrested according to law, but are pregnant or nursing their own babies. In this case, if it is found before the arrest, the arrest cannot be decided; If it is discovered after arrest, the compulsory measures should be changed and the way of obtaining bail pending trial should be changed.
5. The criminal suspect has been detained according to law, and after interrogation and examination, it is considered necessary to arrest but the evidence is insufficient. This refers to the situation that the detainee may be sentenced to more than fixed-term imprisonment, but there is not enough evidence to prove his criminal facts, and the corresponding evidence cannot be collected within the legal detention period, but it is necessary to continue to collect evidence.
6. The criminal suspect or defendant who has been arrested or detained cannot close the case within the statutory time limit of investigation, prosecution, first instance and second instance, and there is no social danger in adopting the method of obtaining bail pending trial.
In addition, according to Item 7 of Article 37 of the the Supreme People's Procuratorate Rules, a criminal suspect who holds a valid passport or other valid exit documents can leave the country to evade investigation, but he does not need to be arrested and can be released on bail pending trial.
According to the fifth and seventh items of Article 63 of the Regulations of the Ministry of Public Security, if the procuratorate refuses to approve the arrest and needs reconsideration and review, and if it is transferred to prosecution, the procuratorate decides not to prosecute, and the criminal suspect who needs reconsideration and review can also get bail pending trial.
Public security organs, people's procuratorates and people's courts, as executors and defenders of laws in China, generally violate the law by knowing the law, and the arrest and prosecution of criminal cases are not carried out at the same time. Some people will think that a lawsuit will definitely be filed in a short time after the arrest. Of course, this is the vast majority of cases. However, for these criminal cases with great social impact and complicated cases, it is necessary for the public security organs to extend the investigation period.