A: Public security organs cannot detain criminal suspects for a long time on the grounds of investigation. The specific situation is different, and the reference time is also different.
2. Can the client's lawyer get bail pending trial? Should it be submitted to the public security organ or the procuratorate?
Answer: It should be possible according to different situations. Refers to the application made by a criminal suspect, defendant or other relevant personnel stipulated by law, and with the consent of the people's court, people's procuratorate and public security organ, the criminal suspect and defendant are ordered to put forward a guarantor or pay a deposit to ensure that the criminal suspect and defendant do not evade or hinder the investigation, prosecution and trial, and at the same time send them.
3. Do the family members of the parties really have to go to the court to make a judgment before they can see the parties?
A: No, you can meet the client within a certain period of time, with or without a lawyer.
4. In this case, did the public security organ violate the law?
A: The longest detention period is 37 days. There are many loopholes in China's laws. For more information, see.
China's "Criminal Procedure Law" stipulates that if the public security organ thinks that the detained person needs to be arrested, it shall extend it for one to four days within three days after detention and submit it to the people's procuratorate for examination and approval under special circumstances. For major criminal suspects who commit crimes on the run, commit crimes repeatedly or commit crimes in collusion, the time for reporting for examination and approval may be extended to 30 days, and the people's procuratorate shall make a decision on whether to approve or disapprove the arrest within seven days. There are different understandings of the above provisions in judicial practice. 1. The longest detention period of criminal detention is 3+4+30+7 = 44 days. Second, it is believed that the longest period of criminal detention by public security organs can be 30 days, and then the case will be transferred to procuratorial organs. Therefore, the examination of the time limit for arrest does not belong to the scope of the effectiveness of criminal detention by public security organs, and the procuratorial organs should take compulsory measures again. In practice, the procuratorial organs did not take coercive measures again, and the criminal suspect was still in the state of being detained by the public security organs, which was an illegal extension of the effectiveness of his criminal detention. Thirdly, it is considered that the longest detention time of criminal detention is 30+7 = 37 days, because the public security organs will produce two kinds of results after requesting arrest. First, implement the decision not to arrest and immediately release the suspect; The second is to implement the arrest decision and continue to detain the suspect until the end. Therefore, the seven-day time for the procuratorial organ to examine and arrest should be within the effective range of criminal detention by the public security organ, and the procuratorial organ does not need to take coercive measures against the criminal suspect again.
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Try not to offend public security organs. Where there are people, there are rivers and lakes. It's hard to say anything else directly
5. What can the family members of the parties do to solve the problem?
Answer: Find a powerful law firm and make a detailed analysis of this case. There are many doubts in this case. In addition, the parties must be instructed not to say anything related to the case in any form, no matter how they are treated during their detention.