The longest period shall not exceed 37 days. Family members are not allowed to visit during detention, and family members can entrust lawyers to visit, but they must obtain the consent of the investigation organ.
Can I visit during criminal detention?
Only lawyers can meet during the investigation, and family members can apply for visits after serving their sentences.
Can I visit during criminal detention?
According to what you said last time, in my friend's case, the detention should not exceed 14 days, but when I went to the detention center to ask, the detention center gave me the answer that the result would not be known until the preliminary hearing. The staff there said that criminal detention usually takes at least 2-3 months. What does pre-trial mean? And criminal detention generally does not allow visitors? The lawyer replied: the statement of the detention center staff is incorrect. According to the provisions of the Criminal Procedure Law, 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. 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. In other words, under normal circumstances, criminal detention does not exceed 14 days. At the same time, the Criminal Procedure Law also stipulates that the time for reporting for examination and approval can be extended to 30 days for major criminal suspects who are at large, have committed crimes many times or have committed crimes in partnership. That is, under special circumstances, the period of criminal detention can be extended to 37 days. However, your friend's situation obviously does not meet these three special circumstances, and the 37-day criminal detention period cannot be applied. The staff member said that general criminal detention takes at least 2-3 months and has no legal basis. At the same time, Article 69 of the Criminal Procedure Law stipulates that if the public security organ requests the people's procuratorate to approve the arrest and the people's procuratorate refuses to approve it, 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. That is to say, if the public security organ thinks that the detained person needs to be arrested or needs to be arrested without the approval of the procuratorate, and needs to continue the investigation, it should go through the formalities of change within the detention period, and release him on bail pending trial or monitor his residence. Pre-trial is a power given to the public security organs by the Criminal Procedure Law, mainly to verify the main evidence obtained. On the last question, at present, our country's laws do not stipulate the right to visit during criminal detention. Article 36 of the Criminal Procedure Law stipulates that the defense lawyer or other defender entrusted by the criminal suspect may meet and correspond with the criminal suspect in custody from the date when the people's procuratorate examines and prosecutes the case. In other words, except for these two types of people who can meet the criminal suspect before the case judgment is delivered for execution, others are not allowed to meet. If relatives or other people want to see the criminal suspect, they can only wait until the case is finalized and delivered for execution. Related articles: Article 36 of the Criminal Procedure Law: Defense lawyers may consult, extract and copy the litigation documents and technical appraisal materials of this case from the date when the people's procuratorate examines and prosecutes the case, and may meet and correspond with the criminal suspect in custody. Other defenders, with the permission of the People's Procuratorate, may also consult, extract and copy the above-mentioned materials, and meet and correspond with criminal suspects in custody. Since the people's court accepted the case, the defense lawyer can consult, extract and copy the materials of the alleged criminal facts in this case, and can meet and correspond with the defendant in custody. With the permission of the people's court, other defenders may also consult, extract and copy the above materials, and meet and correspond with the defendant in custody. Article 37 With the consent of witnesses or other relevant units and individuals, defense lawyers may collect materials related to this case from them, or apply to the people's procuratorate or the people's court to collect and obtain evidence, or apply to the people's court to notify witnesses to testify in court. 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. Article 68 The people's procuratorate shall examine the cases submitted by the public security organs for approval of arrest ..... >>
Can lawyers visit during criminal detention?
After the criminal suspect is detained, he can ask a lawyer to meet him, provide legal help, apply for bail pending trial, and lodge a complaint.
Criminal procedure law
Article 96 A criminal suspect may hire a lawyer to provide him with legal advice, represent him in complaints and accusations after the first interrogation by the investigation organ or from the date when compulsory measures are taken. If the suspect is arrested, the lawyer hired can apply for bail pending trial. In cases involving state secrets, the criminal suspect's employment of a lawyer shall be approved by the investigation organ.
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.
Article 36 From the date when the People's Procuratorate examines and prosecutes a case, a defense lawyer may consult, extract and copy the litigation documents and technical appraisal materials of the case, and may meet and correspond with the criminal suspect in custody. Other defenders, with the permission of the People's Procuratorate, may also consult, extract and copy the above-mentioned materials, and meet and correspond with criminal suspects in custody.
Since the people's court accepted the case, the defense lawyer can consult, extract and copy the materials of the alleged criminal facts in this case, and can meet and correspond with the defendant in custody. With the permission of the people's court, other defenders may also consult, extract and copy the above materials, and meet and correspond with the defendant in custody.
During criminal detention, can family members visit criminal suspects?
During criminal detention, family members can't visit the criminal suspect, but they can entrust a lawyer to meet the criminal suspect in the detention center.
How often can I visit administrative detention?
There are three kinds of detention: public security detention, judicial custody and so on. It is an administrative compulsory measure, and the close relatives of the parties can visit; Criminal detention is a criminal compulsory measure, and only lawyers entrusted by the parties or appointed by the court can meet with it. This is clearly stipulated in China's Criminal Procedure Law, Civil Procedure Law and Public Security Punishment Law.
According to Article 28 of the Regulations on Detention Centers, "A prisoner may communicate and meet with his near relatives with the consent of the case-handling organ and the approval of the public security organ during his detention" and may visit.
According to article 6 1, the detention time shall be counted in days. It's a day from the day of employment to the next day.
Article 46 The detainee meets with
(1) Interviewees: close relatives (parents, husband and wife, children, brothers, sisters, etc.). Detainees and the person in charge of the unit can meet the detainees at the detention center with their identity documents or letters of introduction from the unit;
(2) Meeting time: Monday, Wednesday and Friday at 9: 00 am-165438+0: 00 pm and 2: 30-4: 30 pm. Weekends and legal holidays will not be seen;
(3) Number of meetings: Each detainee is only allowed to meet his close relatives once during his detention. You must register in the meeting register before the meeting. Each interview should last no more than 10 minute, and the number of people should not exceed 3;
(4) Only pocket money, clothes, daily necessities, educational supplies, etc. Can be given during the meeting. Refuse to accept fruits, tobacco, alcohol, dishes, food, etc. Articles sent by the interviewer must be inspected by the police on duty before they can be brought into the detention room. It is forbidden to bring dangerous goods and contraband into the detention room.
(5) When a lawyer meets a detainee, he must hold a letter of introduction from his law firm, a lawyer's practice certificate, a power of attorney from the detainee or his family or a certificate from the handling unit.
How long can I visit after criminal detention?
According to the law, prisoners detained in detention centers on suspicion of criminal offences should avoid collusion or influence the investigation of cases, and should not meet and communicate with the outside world.
Only after being sentenced and assigned to a prison will the prison issue a notice of family members.
How long is the detention period of criminal cases? Are visitors not allowed during criminal detention?
The detention period of criminal cases shall not exceed 37 days. If it is necessary to continue detention before the expiration of the period, it must be reported to the procuratorate for approval of arrest.
Can I visit during my detention?
Administrative detention can be visited, and criminal detention in detention centers must be approved by the leaders of the Public Security Bureau. No visitors are allowed without approval. The principle is that you can't visit while you are in detention.
Can newly detained people visit normally during their detention?
Execution can be suspended. Article 107 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment, if the punished person refuses to accept the decision on administrative detention punishment and applies for administrative reconsideration or brings an administrative lawsuit, he may apply to the public security organ for suspending the execution of administrative detention. If the public security organ thinks that the suspension of administrative detention will not cause social danger, the punished person or his near relatives shall provide a guarantor who meets the conditions stipulated in Article 108 of this Law, or pay a deposit according to the standard of 200 yuan per day for administrative detention, and the punishment decision of administrative detention shall be suspended. Regarding the time of detention, Article 69 of the Criminal Procedure Law stipulates that if a 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. Judging from your account, the case is relatively simple and you should not be detained for such a long time. You can report to Chaoyang District Public Security Bureau and Procuratorate. Article 96 A criminal suspect may hire a lawyer to provide him with legal advice, represent him in complaints and accusations after the first interrogation by the investigation organ or from the date when compulsory measures are taken. If the suspect is arrested, the lawyer hired can apply for bail pending trial. No one else can come. 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.