First, under normal circumstances, it should be submitted to the procuratorate for approval within 3 days, and the procuratorate should make a decision on whether to approve the arrest within 7 days.
Calculation formula: 1~3+7=8~ 10 days.
Two, special circumstances can be extended to 1 to 4 days, the procuratorate shall make a decision on whether to arrest within 7 days.
Calculation formula: 3+(1~ 4)+7 =11-14 days.
Third, for major criminal suspects (who commit crimes continuously across cities and counties, or flee to other cities and counties after committing crimes in their place of residence), who commit crimes for many times (more than three times) or who commit crimes by gangs, the time for submitting for examination and approval can be extended to 30 days, and the procuratorate shall make a decision on whether to arrest them within 7 days.
Calculation formula: 30+7=37 days.
General calculation formula: X( 1~30 days) +7 days (the time of arrest by inspection) =8~37 days.
Detention in criminal proceedings is a compulsory method for public security organs and people's procuratorates to temporarily deprive criminals or major suspects of their personal freedom in case of legal emergency during investigation.
For criminal detention decided by the public security organ according to law, the detention period is the sum of the time when the public security organ requests the people's procuratorate to approve the arrest and the time when the people's procuratorate examines and approves the arrest.
If the public security organ considers 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.
The people's procuratorate shall, within 7 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 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.
If the people's procuratorate deems it necessary to arrest a case directly accepted, it shall make a decision within 10 days. 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.
To sum up, in general, the longest detention period in criminal proceedings is 14 days. Major suspects who commit crimes on the run, commit crimes many times or commit crimes by gangs can be detained for up to 37 days.
According to Article 1 10 of the Regulations of the Ministry of Public Security, the crime of escaping refers to committing crimes continuously across cities and counties, or fleeing to other cities and counties to continue committing crimes after committing crimes at the place of residence; Multiple crimes refer to crimes committed more than three times; A partnership crime refers to a joint crime committed by two or more persons.
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If a criminal suspect and his legal representative, close relatives or lawyers entrusted by the criminal suspect think that the detention has exceeded the statutory time limit, they have the right to lodge a complaint with the public security organ or the people's procuratorate and demand that the detention be lifted. If the situation is true after examination, the criminal suspect and defendant shall be released. If the examination has not exceeded the statutory time limit, it shall give a written reply to the applicant.
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.