1. What is the lightest consequence of criminal detention?
The lightest consequence of criminal detention is that it will be released after there is no criminal fact. Criminal detention is a temporary measure. The consequences also need to be analyzed according to the actual situation of the case, and there is no direct definition of the consequences of detention. Generally, after investigation, if there is no criminal fact, it will be released. According to Article 80 of the Criminal Procedure Law, a flagrante delicto or a major suspect under any of the following circumstances shall be punished by enumerating. The public security organ may detain in advance:
1. Being prepared to commit a crime, committing a crime or being discovered immediately after committing a crime;
2. The victim or a witness on the spot identifies him as a criminal;
3. Found criminal evidence around or at the residence;
4. Attempted suicide, escape or escape after committing a crime;
5. It is possible to destroy, forge evidence or collude with others;
6, do not speak the real name, address, unknown;
7. Suspected of committing crimes on the run, committing crimes many times, and committing crimes in partnership.
If it is found that the public security organs and procuratorial organs have taken compulsory measures against a criminal suspect beyond the statutory time limit, the criminal suspect, the defendant and his legal representative, close relatives or lawyers entrusted by the criminal suspect or the defendant have the right to demand the cancellation of compulsory measures. The people's court, the people's procuratorate or the public security organ shall release the criminal suspect or defendant whose compulsory measures have exceeded the statutory time limit, obtain bail pending trial, monitor his residence or change the compulsory measures according to law.
Second, what measures are taken after criminal detention?
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. 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 criminal suspect after receiving the notice and promptly notify the people's procuratorate for execution; 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.
Criminal proceedings are divided into three stages: investigation, prosecution and trial. Led by the public security, procuratorate and court respectively (except for special cases such as self-investigation by procuratorate). Here is only the general situation, not including special circumstances).
In contemporary society, criminal detention is a common temporary measure in China. Of course, after taking such temporary measures, if no criminal facts are found after investigation, they will be released under normal circumstances.