Criminal detention, up to 37 days, if the arrest is approved, the public security will file a case for investigation and detention for up to 7 months; Administrative detention, the longest 15 days. If you violate the criminal law and are prosecuted by the procuratorate, you need to be sentenced to imprisonment. During the detention, you are not allowed to meet anyone except lawyers, and you cannot use any communication tools.
During criminal detention, the family members of the criminal suspect shall not meet with the criminal suspect. If you want to know about the suspect, please entrust a lawyer to provide you with legal help. Only lawyers can ask about the charges and meet the suspects.
Military detention generally does not exceed 14 days, and the longest in special circumstances is 37 days. In nature, the criminal detention of criminal suspects is only a legal suspicion, and all citizens cannot be found guilty without a court decision. Therefore, at this stage, the law stipulates that criminal suspects and their close relatives or friends can hire lawyers to intervene in the investigation. From the point of view of benefiting criminal suspects, the sooner lawyers get involved, the better.
The entrusted lawyer has the right to know the charges charged by the criminal suspect from the investigation organ, to meet the criminal suspect in custody and to know the relevant information from the criminal suspect. When a lawyer meets a criminal suspect in custody, the investigation organ may send personnel to be present according to the circumstances and needs of the case. When a lawyer meets a criminal suspect in custody in a case involving state secrets, it shall be approved by the investigation organ.
legal ground
Criminal Procedure Law of the People's Republic of China
Article 96 If the people's courts, people's procuratorates and public security organs find that the compulsory measures taken against criminal suspects and defendants are improper, they shall promptly cancel or change them. If the public security organ releases the arrested person or changes the arrest measures, it shall notify the people's procuratorate that originally approved it.
Article 97 A criminal suspect or defendant, his legal representative, close relatives or defenders have the right to apply for changing compulsory measures. The people's courts, people's procuratorates and public security organs shall make a decision within three days after receiving the application; If it disagrees with the change of compulsory measures, it shall inform the applicant and explain the reasons for disagreement.
Article 98 If a case of detaining a criminal suspect or defendant cannot be settled within the time limit of investigation, detention, examination and prosecution, first instance and second instance as stipulated in this Law, the criminal suspect or defendant shall be released; If it is necessary to continue verification and trial, the criminal suspect or defendant may be released on bail pending trial or under residential surveillance.