Being detained in criminal detention for 37 days means that the party concerned is suspected of a criminal offence and is subject to criminal compulsory measures. The longest period of criminal detention is 37 days, so after 37 days of criminal detention, if it is necessary to continue the investigation, it is necessary to change the criminal compulsory measures, such as arrest and bail pending trial; If it is not necessary to continue the investigation and pursue criminal responsibility, criminal detention shall be lifted immediately and the parties concerned shall be released immediately.
What is the main difference between administrative detention and criminal detention?
1, the legal nature is different: criminal detention is a safeguard measure in criminal proceedings and is not punitive in itself; Administrative detention is an administrative punishment based on administrative law, which is punitive in itself;
2. Different objects of application: criminal detention is applicable to flagrante delicto or major suspect in criminal cases and is the object of criminal responsibility; Administrative detention applies to those whose illegal acts should be punished according to the corresponding administrative laws, and the illegal acts of the person do not constitute a criminal offence;
3. Different application purposes: the purpose of applying criminal detention is to ensure the smooth progress of criminal proceedings; The purpose of administrative detention is to punish and educate people who generally violate the law;
4. Different applicable organs: criminal detention is decided by public security organs and people's procuratorates, and executed by public security organs; Administrative detention is carried out by public security organs;
5. Different periods of detention: the longest period of criminal detention for general flagrante delicto and major suspect is 14 days, and the longest period of criminal detention for major suspect who commits crimes on the run, commits crimes repeatedly and commits crimes in partnership is 37 days; Maximum duration of administrative detention 15 days;
6. The legal basis is different: criminal detention "People's Republic of China (PRC) Criminal Procedure Law"; Administrative detention in People's Republic of China (PRC) Public Security Administration Punishment Law, Administrative Punishment Law of the People's Republic of China and other administrative regulations.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 91 of the Criminal Procedure Law of People's Republic of China (PRC).
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 three days after detention. Under special circumstances, the approval time can be extended by one to four days.
For major suspects who commit crimes on the run, commit crimes many times or commit crimes in collusion, the time for submitting for examination and approval may be extended to 30 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.