Legal analysis
The people's courts, people's procuratorates and public security organs may, according to the circumstances of the case, summon criminal suspects and defendants, obtain bail pending trial or place them under residential surveillance, and it is legal and proper to take compulsory residential surveillance measures against criminal suspects in this case. The longest criminal detention is 37 days. After that, it depends on the evidence. If there is evidence to prove that there is a criminal fact, you can arrest and continue to investigate and detain. Under normal circumstances, it takes about 5 months for the court to make a judgment. It is suggested to entrust a lawyer to conduct an interview, apply for bail pending trial on his behalf, keep abreast of the progress of the case, and formulate a litigation plan beneficial to the parties. According to Article 96 of the Criminal Procedure Law, only lawyers can meet the criminal suspect before the judgment. Family members may consider entrusting a lawyer to the detention center to meet the criminal suspect, and carefully understand the specific process of the whole case and his confession to the public security organ. After the meeting, the lawyer will judge the circumstances of the crime and provide legal help and apply for bail pending trial in time; If the case is transferred to the procuratorate or the court, the defense lawyer can go to the procuratorate or the court to read the papers, collect the confessions, documentary evidence, physical evidence and other relevant evidence of the criminal suspect and other accomplices accused by the investigation organ, make a good defense plan after in-depth study, and ensure that the defendant is innocent, mitigated, exempted from punishment or declared suspended during the trial, so as to protect the rights and interests of the defendant to the maximum extent.
legal ground
Article 3 of the Criminal Procedure Law of People's Republic of China (PRC) is responsible for the investigation, detention, execution and pre-trial of criminal cases. The people's procuratorate shall be responsible for the prosecution, approval of arrest, investigation and prosecution of cases directly accepted by procuratorial organs. The people's court is responsible for the trial. Except as otherwise specified by law, no other organ, organization or individual has the right to exercise these powers. In criminal proceedings, the people's courts, people's procuratorates and public security organs must strictly abide by the relevant provisions of this Law and other laws.