1. What is the longest period of criminal detention?
The longest period of criminal detention is 37 days, and it is necessary to arrest and investigate criminal responsibility within 37 days, which meets the standard of filing a case. The public security organ shall submit it for examination and approval within a certain period of time after detention, and the people's procuratorate shall make a decision on whether to approve or disapprove the arrest within seven days after receiving the approval of the arrest. After that, according to the decision of the people's procuratorate, the detainee was released or arrested, and the criminal detention ended. However, the maximum period of submission for approval after detention is 30 days. Therefore, the maximum detention period in the detention center is 37 days. According to Article 91 of the Criminal Procedure Law of People's Republic of China (PRC), if the public security organ deems it necessary to arrest a detained person, it shall submit it to the people's procuratorate for examination and approval within three days after detention. Under special circumstances, the approval time can be extended by one to four days. For major suspects who commit crimes on the run, commit crimes many times or commit crimes in collusion, the time for submitting for examination and approval may be extended to 30 days. The people's procuratorate shall, within seven days after receiving the approval letter from the public security organ, make a decision on whether to approve or disapprove the arrest. If the people's procuratorate does not approve the arrest, the public security organ shall immediately release it after receiving the notice and promptly notify the people's procuratorate to execute it. Those who need to continue the investigation and meet the conditions of obtaining a guarantor pending trial or residential surveillance shall be granted a guarantor pending trial or residential surveillance according to law.
Second, the difference between criminal detention and judicial custody.
1, with different legal nature.
Criminal detention is a preventive measure, which is taken in view of the possibility of obstructing criminal proceedings; Judicial custody, on the other hand, is an exclusion measure, which is taken against serious acts that have hindered litigation activities.
2. The legal basis is different.
Taking criminal detention in accordance with the provisions of the Criminal Procedure Law; Judicial custody has taken measures in accordance with the provisions of the Criminal Procedure Law, the Civil Procedure Law and the Administrative Procedure Law.
3. Different applicable objects
Criminal detention is a compulsory measure of criminal procedure stipulated in the Criminal Procedure Law, and its application scope is limited to flagrante delicto or major suspects in criminal cases. Judicial custody is applicable to all those who have obstruction in the process of litigation, including litigants and other litigants, as well as outsiders.
4. Use different organs.
Criminal detention shall be decided by public security organs and people's procuratorates according to law and executed by public security organs. Judicial custody is decided by the people's court according to law and executed by the judicial police of the people's court.
5. The relationship with judgment is different.
The term of criminal detention may be reduced to fixed-term imprisonment. Judicial custody only punishes those who obstruct the proceedings, and has nothing to do with the judgment.
6. Different deadlines
The term of criminal detention has been mentioned above; The longest period in judicial custody is 15 days.
The application of criminal detention needs to be decided by the public security organs according to the actual illegal facts and consequences. If criminals commit illegal acts, they need to investigate the legal responsibility of relevant personnel. The specific detention time depends on the seriousness of the crime. If it meets the criteria for filing a case, it needs to be investigated for criminal responsibility.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Criminal Procedure Law of People's Republic of China (PRC);
Article 65 The public security organ shall interrogate the detained person within 24 hours after detention. If it is found that it should not be detained, it must be released immediately and a release certificate will be issued. Those who need to be arrested but have insufficient evidence may be released on bail pending trial or under residential surveillance.
Article 66 When a public security organ requests the arrest of a criminal suspect, it shall write a letter of approval of the arrest and submit it to the people's procuratorate at the same level for examination and approval together with the case file and evidence. When necessary, the people's procuratorate may send people to participate in the discussion of major cases by public security organs.
Article 67 The people's procuratorate shall decide whether to examine and approve the arrest of a criminal suspect. Major cases shall be submitted to the procuratorial committee for discussion and decision.