Relevant regulations:
Article 83 of the Criminal Procedure Law, when a public security organ detains a person, it shall produce a detention permit.
after detention, the detained person shall be immediately sent to the detention center for custody, and no later than 24 hours. In addition to informing the family members of the arrested person that crimes endangering national security and terrorist activities may hinder the investigation, the family members of the arrested person shall be informed within 24 hours after detention. If the search is no longer hindered, the family of the arrested person shall be informed immediately.
Article 18 of the Procedures for Handling Criminal Cases by Public Security Organs stipulates that after detention, a detention notice shall be made within 24 hours and sent to the detainee's family or unit. However, in any of the following circumstances, with the approval of the person in charge of the public security organ at or above the county level, notice may not be given:
(1) The suspect in the same case escapes and may conceal, destroy or falsify evidence.
(2) Not using real name and address and being unidentified;
(3) other things that hinder the investigation or cannot be notified.
after the above situation is eliminated, the family members of the arrested person or their units shall be notified immediately. If there is no notice within twenty-four hours, the reasons shall be explained in the detention notice.
two. Is there a time limit for criminal detention?
Criminal detention refers to a method that public security organs and procuratorial organs temporarily deprive, detain and examine personal freedom of flagrante delicto or major suspects in legal emergencies when handling criminal cases.
As criminal detention is a temporary compulsory measure, the first paragraph of Article 69 of China's Criminal Procedure Law stipulates that 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. According to the provisions of the second paragraph, the time limit for submitting an application for examination and approval can be extended to 3 days for a major suspect who has committed a crime at large, repeatedly committed a crime or assembled a crowd. The third paragraph stipulates that the people's procuratorate shall, within seven days after the public security organ requests for approval of arrest, 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 release it immediately after receiving the notice.
In other words, the period of deprivation of personal freedom in custody is usually 1 days, and it is 14 days under special circumstances. For major criminal suspects who have committed the crime of escaping, committing crimes for many times and gathering people to fight, the detention period after detention can reach 37 days. Article 75 of the Criminal Procedure Law stipulates that if the defendant and his legal representative, close relatives or defenders such as criminal suspects and lawyers entrusted by the defendant take compulsory measures against the people's courts, people's procuratorates and public security organs beyond the statutory time limit, they have the right to demand the cancellation of compulsory measures.
According to the law, unless there are obstacles in the investigation, the suspect's family should be informed within 24 hours after taking criminal detention measures. The family members of the arrested person shall also be notified immediately after the circumstances that hinder the investigation disappear. In particular, if there is no notice within the specified 24 hours, the corresponding reasons shall be stated in the detention notice.