According to the Criminal Procedure Law, criminal detention is divided into three situations: 10 days, 14 days, and 37 days.
Criminal detention is an emergency measure before arrest. Only those who have no time to apply for an arrest warrant will be temporarily detained. Immediately after detention, an application should be made to the procuratorate for approval of the arrest.
The above is an example:
10 days (the public security organ applies to the procuratorate for approval of arrest within 3 days, and the procuratorate decides whether to arrest within 7 days, so 10 days)
< p>14 days (for complex cases, the application period can be extended by 4 days, and the arrest can be carried out within 7 days, 7+7=14 days).37 days (for more complex gang crimes, fugitive crimes and multiple crimes, the applicable period can be extended to 30 days, 7 days for arrest, 37=37 days).
Once the procuratorate approves the arrest, the detention period must wait until the court makes a decision and the suspect is convicted.
However, there is also a time limit for the investigation by the public security organs during detention. After expiration of the period of investigation and detention, it is necessary to: First, change the compulsory measures, change the arrest to release on bail pending trial or other. . . . In short, let him go; second, end the investigation before the deadline and transfer the case to the procuratorate for review. ——There are only two options. The period of investigation and detention is:
Two months
+1 month (if the case is complex, please report to the superior procuratorate for approval)
+2 months (for major and complicated cases) , reported to the Provincial Procuratorate for approval)
+2 months (on the basis of the above 2+1+2=5 months, a possible sentence of more than 10 years in prison shall be approved again by the Provincial Procuratorate).
So under normal circumstances, the public security agency must complete the investigation within 2+1+2+2=7 months and transfer the case to the procuratorate, otherwise the person must be released.
The most special situation - postponement of trial: the public security agency needs to report to the Supreme People's Procuratorate, which will submit it to the Standing Committee of the National People's Congress for approval. ——In this case, the public security organs can detain the person indefinitely and are not subject to the above-mentioned seven-month detention period for investigation. ——However, only super awesome criminals can win this honor, haha.
When the police end the investigation and transfer the case to the procuratorate for review, the procuratorate’s review also has a time limit (because the suspect may still be detained at this time and may be wrongly accused, so the efficiency of case handling must be improved, Try to protect the rights of the suspect. ) This cycle is 1 month + half a month = 1 and a half months.
Decide not to prosecute or decide to prosecute after review. If not prosecuted, released. If prosecuted, the case will be transferred to court. The time limit for the first instance is 1 month + half a month + 1 month (approved by the Provincial High Court) = 2 and a half months.
If there is a second trial, the duration of the second trial will be the same as that of the first trial.
After the trial, the verdict is: guilty - transferred to prison for execution (if shot, the court will do it itself), not guilty - released.
Things to note
If you have been criminally detained, according to the provisions of the Criminal Procedure Law, only lawyers can go to the detention center to meet with the suspect.
If conditions permit, close relatives may consider entrusting a lawyer to meet with the suspect at the detention center as soon as possible to learn the truest story and appease the suspect.
After the meeting, the lawyer made a preliminary judgment on the circumstances of the crime to see whether it constituted a crime or whether there were mitigating or mitigating circumstances such as surrender, meritorious service, accessory, attempt, etc. , and provide timely legal help and apply for bail pending trial.
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