referring to article 16 of the law of People's Republic of China (PRC) on public security administration punishment, if there are more than two acts violating public security administration, they shall be decided separately and jointly executed. Combined with administrative detention punishment, the longest shall not exceed twenty days.
referring to article 91 of the criminal procedure law of People's Republic of China (PRC), 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. 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 3 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.
according to article 156 of the criminal procedure law of People's Republic of China (PRC), the detention period for investigation after the arrest of a criminal suspect shall not exceed two months. If the case is complicated and cannot be concluded at the expiration of the time limit, it may be extended for one month with the approval of the people's procuratorate at the next higher level.
referring to article 157 of the criminal procedure law of People's Republic of China (PRC), if, due to special reasons, particularly serious and complicated cases should not be tried for a long time, the Supreme People's Procuratorate shall report to the NPC standing Committee for approval to postpone the trial.
referring to article 158 of the criminal procedure law of People's Republic of China (PRC), the following cases that cannot be investigated and concluded after the expiration of the time limit stipulated in article 156 of this law may be extended for two months with the approval or decision of the people's procuratorates of provinces, autonomous regions and municipalities directly under the central government:
(1) major and complicated cases in remote areas with very inconvenient transportation;
(2) major criminal group cases;
(3) major and complicated cases of escaping crime;
(4) Major and complicated cases involving a wide range and difficulties in obtaining evidence.
referring to article 159 of the criminal procedure law of People's Republic of China (PRC), if the criminal suspect may be sentenced to fixed-term imprisonment of more than 1 years, and the investigation cannot be concluded after the extension period stipulated in article 158 of this law expires, it may be extended for another two months with the approval or decision of the people's procuratorate of the province, autonomous region or municipality directly under the central government.
referring to article 16 of the criminal procedure law of People's Republic of China (PRC), if a criminal suspect is found to have committed other major criminal acts during the investigation, the period of investigation detention shall be recalculated according to the provisions of article 156 of this law from the date of discovery.
if a criminal suspect does not give his real name and address, and his identity is unknown, his identity shall be investigated, and the period of investigation and detention shall be counted from the date when his identity is ascertained, but the investigation and evidence collection of his criminal acts shall not be stopped. If the facts of the crime are clear, the evidence is true and sufficient, and it is really impossible to find out his identity, he can also sue and try according to his self-reported name.
expanded data
according to article 86 of the criminal procedure law of People's Republic of China (PRC), the public security organ shall interrogate the detained person within 24 hours after detention. If it is found that it should not be detained, it must be released immediately and a release certificate will be issued.
according to article 87 of the criminal procedure law of People's Republic of China (PRC), when a public security organ requests the arrest of a criminal suspect, it shall write a letter of approval for the arrest, together with case files and evidence, and transfer it to the people's procuratorate at the same level for examination and approval. When necessary, the people's procuratorate may send people to participate in the discussion of major cases by public security organs.
referring to article 88 of the criminal procedure law of People's Republic of China (PRC), the people's procuratorate may interrogate the criminal suspect after examining and approving the arrest; Under any of the following circumstances, the criminal suspect shall be questioned:
(1) if there is doubt about whether the conditions for arrest are met;
(2) The criminal suspect requests to make a face-to-face statement to the procurator;
(3) There may be major violations in the investigation.
when examining and approving an arrest, the people's procuratorate may ask witnesses and other participants in the proceedings and listen to the opinions of defense lawyers; If a defense lawyer makes a request, he shall listen to the opinions of the defense lawyer.
according to article 89 of the criminal procedure law of People's Republic of China (PRC), the people's procuratorate decided to examine and approve the arrest of the suspect. Major cases shall be submitted to the procuratorial committee for discussion and decision.
referring to article 9 of the criminal procedure law of People's Republic of China (PRC), the people's procuratorate shall, after examining the cases submitted by the public security organs for approval of arrest, decide whether to approve or disapprove the arrest according to the circumstances. The public security organ shall immediately implement the decision to approve the arrest and notify the people's procuratorate of the implementation in time. If the arrest is not approved, the people's procuratorate shall explain the reasons, and if supplementary investigation is needed, it shall also notify the public security organ.
according to article 92 of the criminal procedure law of People's Republic of China (PRC), if the public security organ thinks that the people's procuratorate's decision not to approve the arrest is wrong, it may request reconsideration, but the detained person must be released immediately. If the opinion is not accepted, it may be submitted to the people's procuratorate at the next higher level for review. The people's procuratorate at a higher level shall immediately review and make a decision on whether to change it, and notify the people's procuratorate at a lower level and the public security organ to implement it.
according to article 93 of the criminal procedure law of People's Republic of China (PRC), when arresting a person, the public security organ must produce an arrest warrant. After the arrest, the arrested person shall be immediately sent to the detention center for custody. Unless it is impossible to notify, the family of the arrested person shall be notified within 24 hours after the arrest.
Regulations of Hangzhou Public Security Bureau Detention Center in People's Republic of China (PRC)
Dongfanghong Forestry Bureau of Heilongjiang Province-People's Republic of China (PRC) * * * and People's Republic of China (PRC) Public Security Administration Punishment Law
Xinhuanet-People's Republic of China (PRC) Criminal Procedure Law.