There is a prescribed time limit for detention in China. If the relevant evidence is not found within the time limit, the party concerned must be released.
1. What procedures are required for criminal detention and release?
According to Article 113 of the Procedures for Handling Criminal Cases by Public Security Organs, after examining the detained criminal suspects, the public security organs shall report to the person in charge of the public security organs at or above the county level for approval and handle them separately. First, for those who need to be arrested, they should go through the formalities of applying for approval of arrest according to law within the detention period; Second, criminal responsibility should be investigated, but there is no need to arrest, go through the formalities of bail pending trial or residential surveillance, and directly transfer it to the hospital for prosecution; Third, if the facts of the crime cannot be ascertained within the detention period, they shall go through the formalities of obtaining bail pending trial or monitoring residence and continue the investigation; Fourth, the prosecution should be dismissed in any of the circumstances stipulated in Article 15 of the Criminal Procedure Law.
In the above four cases, the criminal detention shall be lifted by the case-handling organ. However, the following points must be noted when lifting criminal detention:
1. Detainees should obtain a release certificate, and the reasons for release should be stated in this document.
2. In case of any of the circumstances specified in Article 15 of the Criminal Procedure Law, the case shall be dismissed in addition to the release of the detainee, not by release.
3, the competent authorities do not approve the arrest of detainees should be released immediately, issued a release certificate. If the public security organ needs supplementary investigation and requests reconsideration and review, it shall change the compulsory measures.
Second, can I visit during criminal detention?
During criminal detention, family members are not allowed to visit, and only defense lawyers can be seen.
According to the law, Article 37 of the Criminal Procedure Law allows defense lawyers to meet and correspond with criminal suspects and defendants in custody. Other defenders, with the permission of the people's courts and people's procuratorates, may also meet and correspond with criminal suspects and defendants in custody.
If a defense lawyer holds a lawyer's practice certificate, a law firm's certificate, a power of attorney or a letter of legal aid to ask for a meeting with the criminal suspect or defendant in custody, the detention center shall arrange the meeting in time, which shall not exceed 48 hours at the latest.
In cases of crimes endangering national security, terrorist activities and particularly serious bribery crimes, defense lawyers should obtain permission from the investigation organ when meeting with the criminal suspect in custody during the investigation. The investigation organ shall notify the detention center of the above situation in advance.
When a defense lawyer meets a criminal suspect or defendant in custody, he can understand the case and provide legal advice. From the date when the case is transferred for examination and prosecution, the relevant evidence may be verified with the criminal suspect or defendant. Defense lawyers are not monitored when meeting with criminal suspects and defendants.
The provisions of the first, third and fourth paragraphs shall apply to the meetings and correspondence between defense lawyers and criminal suspects and defendants who are under surveillance.
Third, the nature of criminal detention.
1, detention is to ensure the smooth progress of criminal proceedings, that is, detention is a safeguard measure, not a punishment measure.
2. The application of detention is urgent and short-term. China's criminal procedure law stipulates that the detention period is 24 hours, which shows that detention is an emergency measure and cannot be applied in non-emergency situations. If necessary, time should be as short as possible. However, China has also stipulated a large number of "special circumstances" for extended detention. However, in practice, exceptions have been replaced by principles.
3. The application of detention must go through strict review procedures. Because detention is a criminal compulsory measure that infringes on citizens' personal freedom, its application must go through strict procedural review. This is also the principle of judicial writ in western countries ruled by law.
4. Aggressiveness. The exercise of detention involves a sharp conflict between citizens' personal freedom and state power, and should be strictly regulated by law to avoid false detention and arbitrary detention. The nature of criminal detention. I hope the above contents are helpful.
Legal objectivity:
What procedures are needed after the release of criminal detention? After the release of the criminal detention, you will be free without any formalities. According to the Procedures of Public Security Organs in Handling Criminal Cases, the public security organs shall report the detained criminal suspects to the person in charge of the public security organs at or above the county level for approval and handle them separately. First, for those who need to be arrested, they should go through the formalities of applying for approval of arrest according to law within the detention period; Second, criminal responsibility should be investigated, but there is no need to arrest, go through the formalities of bail pending trial or residential surveillance, and directly transfer it to the hospital for prosecution; Third, if the facts of the crime cannot be ascertained within the detention period, they shall go through the formalities of obtaining bail pending trial or monitoring residence and continue the investigation; Fourth, the prosecution should be dismissed in any of the circumstances stipulated in Article 15 of the Criminal Procedure Law. In the above four cases, the criminal detention shall be lifted by the case-handling organ. However, we must pay attention to the following points when lifting criminal detention: 1. Detainees should obtain a release certificate, and the reasons for release should be stated in this document. 2. In case of any of the circumstances specified in Article 16 of the Criminal Procedure Law, the case shall be dismissed in addition to the release of the detainee, not by release. 3, the competent authorities do not approve the arrest of detainees should be released immediately, issued a release certificate. If the public security organ needs supplementary investigation and requests reconsideration and review, it shall change the compulsory measures. Article 16 of the Criminal Procedure Law of People's Republic of China (PRC) shall not be investigated for criminal responsibility under any of the following circumstances. If the investigation has been concluded, the case shall be dismissed, or no prosecution shall be instituted, or the trial shall be terminated, or the case shall be declared innocent: (1) If the circumstances are obviously minor and the harm is not great, it shall not be considered as a crime; (two) the crime has passed the limitation period; (3) Being exempted from punishment by an amnesty order; (4) Failing to tell or withdrawing a crime that should be dealt with only after being told according to the Criminal Law; (5) The criminal suspect or defendant dies; (six) other laws and regulations shall be exempted from criminal responsibility.