If there is no illegal crime, the confession is generally about 1-2 hours, and the longest will not exceed 24 hours. With the approval of the person in charge of the case-handling department, a criminal suspect who does not need to be detained or arrested may be summoned to the law enforcement case-handling place of the city or county public security organ where the criminal suspect is located or to his residence for interrogation.
First, generally make a record a few days before detention.
If you are not detained immediately after making a statement, it means that there is no suspicion.
1. Administrative detention: refers to the punishment for violating the safety law, which is the most serious administrative punishment in the safety law. The detention period is 1 ~ 15 days;
2. Criminal detention: it refers to a criminal compulsory measure taken by the investigation organ against acts violating the criminal law. The term is generally 14 days, and the longest is not more than 37 days;
3. judicial custody: refers to the compulsory measures taken by the court for acts that seriously violate the court order, collide with judges and disturb the court order, and the term is 1 ~ 15 days. Article 82 of the Criminal Procedure Law stipulates that an active criminal or a major suspect under any of the following circumstances shall be punished by enumerating. The public security organ may detain in advance:
(1) is being prepared to commit a crime, or is found immediately after committing a crime.
(2) The victim or a witness at the scene identified him as a criminal.
(3) criminal evidence is found around or at the residence.
(4) attempted suicide, escaped or escaped after committing a crime.
(5) It is possible to destroy or forge evidence or collude with others.
(6) Don't tell your real name and address, and your identity is unknown.
(seven) suspected of committing crimes, committing crimes many times, and committing crimes in partnership.
4. Except that the public security organ has the right to decide and execute detention according to law, according to the provisions of Article 165 of the Criminal Procedure Law; In the case directly accepted by the people's procuratorate, the people's procuratorate also has the right to decide to detain the criminal suspect or defendant under the following two circumstances:
(1) attempted suicide, escaped or escaped after committing the crime;
(2) It is possible to destroy or forge evidence or collude with others. After the people's procuratorate decides to detain, it shall be executed by the public security organ.
Second, how many days does it take for criminal detention to be transferred to the procuratorate?
The longest criminal detention is 37 days, followed by the arrest procedure, which takes at least two months to reach the procuratorate.
First of all, the public security organs will take criminal detention according to the situation, and submit it to the procuratorate for approval to arrest within three days, which can be extended for one to four days. The procuratorate usually decides whether to approve the arrest within seven days. If it is a major suspect who commits a crime on the run, in a gang or for many times, the time for requesting arrest can be extended to one month, that is to say, criminal detention is generally more than ten days, and the longest is 37 days.
The investigation period after arrest shall generally not exceed two months, and the case with complicated circumstances may be extended by one month with the approval of the people's procuratorate at the next higher level. If it is an area with inconvenient transportation, a major criminal group case, a fugitive crime, etc. With the approval of the provincial procuratorate, it can be extended for another two months. With the approval of the provincial procuratorate, the criminal suspect who may be sentenced to a penalty of less than ten years will be extended for another two months. In other words, the public security stage usually lasts about two and a half months to three months, and the longest is eight months. Then, the case is written by the case handlers of the public security organs, and the files and evidence are transferred to the procuratorate, that is, the stage of examination and prosecution. This stage is usually one month, and major and complicated projects can be extended by half a month.
If the procuratorate deems it necessary to make supplementary investigation after examination, it may return it to the public security organ for supplementary investigation or conduct investigation on its own. Supplementary investigation shall be completed within one month, and supplementary investigation shall be limited to two times. After the supplementary investigation, the procuratorate recalculated the time limit for examination and prosecution. After the examination, the Public Prosecution Section of the Procuratorate will write a public prosecution and file a public prosecution with the corresponding court. That is, it usually takes one month to one and a half months, and the longest will reach five months.
Finally, go to court. The trial is based on the system of second instance and final adjudication, and the first instance shall be conducted within one month after the court accepts and pronounces a verdict, and shall not exceed one and a half months at the latest. If it is a case in a remote area, a major criminal group or a fugitive, it can be extended for another month.
Criminal detention shall be transferred to the procuratorate for a maximum of two months. Criminal detention does not mean sentencing, but if you are detained in criminal detention, it means that this person has a great connection with the case. Generally, the detention period cannot exceed two months. Unless there are particularly serious circumstances, the detention period may be extended by one month, but generally it shall not exceed 37 days.
Legal basis:
Article 85 of the Criminal Procedure Law
When a public security organ detains a person, it must produce a detention permit. After detention, the detained person shall be immediately sent to the detention center for custody, and shall not exceed twenty-four hours. Unless it is impossible to notify or the notification of suspected crimes endangering national security or terrorist activities may hinder the investigation, the family members of the detained person shall be notified within 24 hours after detention. After the circumstances that hinder the investigation disappear, the family members of the detained person shall be notified immediately.