The period of investigation and detention of a criminal suspect after his arrest shall not exceed two months.
If the case is complicated and cannot be concluded at the expiration of the time limit, it may be extended for one month with the approval of the people's procuratorate at the next higher level.
1. If the public security organ deems it necessary to arrest the detained person, it shall submit it to the people's procuratorate for examination and approval within 3 days after detention. Under special circumstances, with the approval of the person in charge of the public security organ at or above the county level, the time for submission for examination and approval may be extended by 1 to 4 days. With the approval of the person in charge of the public security organ at or above the county level, the time for reporting for examination and approval can be extended to 30 days for major criminal suspects who have committed crimes on the run, repeatedly committed crimes or committed crimes in partnership.
2. The people's procuratorate shall, within 7 days after receiving the notice from the public security organ approving the arrest, 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 the suspect 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.
3. The people's procuratorate shall make a decision within 10 days if it deems it necessary to arrest a case directly accepted. Under special circumstances, the time for deciding to arrest may be extended 1 to 4 days. Those who do not need to be arrested shall be released immediately. 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.
China's criminal procedure law stipulates that the duration of criminal detention is divided into general duration and extended duration, as follows:
1, and the general period of criminal detention is 14 days, generally counting from entering the detention center. The investigation organ shall report to the procuratorate for approval of arrest within 14 days, of which the time for approval of arrest by the procuratorate is 7 days, which is included in 14 days. If approved, arrest will be carried out, otherwise compulsory measures will be lifted or changed.
2. The extended period of criminal detention is 37 days, of which the time approved by the procuratorate is 7 days. During this period, the investigation organ shall report to the procuratorate for approval of arrest, approval of arrest, or cancellation or change of compulsory measures.
Extended data:
Calculation of the period of criminal detention;
The correct calculation method is: criminal detention is calculated on a daily basis, and the day when the period begins is not counted in the period, that is, it is counted from the day after the period begins. The term expires on the last day of the legal term. For example, the suspect was detained on April 1 day, and the expiration date is April 4 from the next day;
If the criminal detention is extended for 4 days, the expiration date is April 8; If the criminal detention is extended to 30 days (that is, from April 4 to 27), since there are only 30 days in April, the expiration date of the period is May 1.
Baidu encyclopedia-criminal detention