Criminal detention is a criminal compulsory measure, which is applicable to the parties who have been put on file. In other words, the premise of criminal detention is to file a criminal case. After the client is detained in criminal detention, it is certain that the client has been put on file and suspected of committing a crime, and the state has initiated criminal prosecution procedures against him. Under the current criminal investigation system and means in China, the probability of being investigated for criminal responsibility or sentenced after being detained in criminal detention is very high. When the public security or procuratorate takes detention measures, it has generally mastered certain evidence materials, and the investigation activities after detention are likely to further turn into arrest and continued investigation.
Of course, this is not absolute. According to the different investigation results, there may be three situations: first, there is sufficient evidence to prove that the parties have committed criminal acts; Second, reliable and sufficient evidence has been collected to prove that the parties have not committed criminal acts; Third, the collected evidence can neither prove that the parties have committed criminal acts nor prove that the parties have not committed criminal acts, that is, the evidence is insufficient. In the latter two cases, the parties will not be sentenced; If it is the first case, it will be punished. Of course, this is not absolute. Those who can be exempted from punishment or not prosecuted according to law shall not be punished.
Therefore, once the parties are detained in criminal detention, the parties and their families should attach great importance to it. It is wise to entrust a professional criminal lawyer to assist in handling the case in time. If the client does commit a crime, the lawyer can find something beneficial to the client in the case, so as to prepare for the client to finally get a light sentence. If the client has not committed a crime, the lawyer can avoid the client from suffering injustice through solid work.
1. The family members of the detained person should know the facts of the suspected crime from the public security organ or procuratorate handling the case at the first time. 2. Have the right to know the place of detention from the case-handling organ. According to the law, summons and detention shall not exceed 12 hours, and criminal suspects shall not be detained in disguised form by summons or detention. After detaining a person, the public security organ shall notify the detainee's family or his unit within 24 hours of the reason and place of detention, unless it hinders the investigation or cannot inform him. 3. If you have been detained for dozens of days without being informed of the detention, this situation is usually that the prisoner is caught in another place. Usually, in this case, the suspect's family can contact the local police station directly to find out whether there is a detention notice, so as to know where and why the prisoner was detained. 4. If the family members know the place where their relatives are detained or arrested, they can hire a lawyer to meet in the detention center in time to safeguard the legitimate rights and interests of the parties.