legal ground
Article 67 of the Criminal Procedure Law stipulates that the people's courts, people's procuratorates and public security organs may obtain a guarantor pending trial for a criminal suspect or defendant under any of the following circumstances.
(a) may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment.
(two) may be sentenced to more than fixed-term imprisonment, bail will not cause social danger.
(3) Women who are seriously ill, unable to take care of themselves, pregnant or breast-feeding their babies will be released on bail pending trial, which will not cause social danger.
(four) the detention period expires, the case has not yet been settled, and it is necessary to get a bail pending trial.
Bail pending trial shall be executed by the public security organ.
It depends. If it is only a criminal detention and has not been sentenced by the court according to law, it will not leave a criminal record. Only those convicted by the court will leave a criminal record.
Criminal record generally refers to a person's past record of illegal and criminal acts. Also known as the criminal record system of criminals, in our country's law, it generally refers to the file records of criminal records, which are generally stored in the public security department and relevant state organs.
Article 12 of the Criminal Procedure Law: No one shall be found guilty without a judgment by the people's court according to law.
1. How many days is the duration of 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.
Under special circumstances, the time for submission and approval may be extended by 1 to 4 days. The so-called special circumstances mean that the case is complicated or it is difficult to report the arrest within 3 days in a remote area with inconvenient transportation.
For major suspects who commit crimes on the run, commit crimes repeatedly or conspire to commit crimes, the time for reporting for examination and approval may be extended to 30 days. Obviously, it is difficult to identify such cases within 3 or 7 days, so the legal provisions can be extended to 30 days to meet the needs of cracking down on criminal offences.
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 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.
If the people's procuratorate deems it necessary to arrest a criminal 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. It is very different from civil detention and judicial custody period.
Second, what will happen after being detained in criminal detention?
The public security organ shall interrogate the criminal detainee within 24 hours after detention. If it is found that it should not be detained, a release notice will be issued, and the detention center will issue a release certificate to the detainee with the release notice and release it immediately. After examining the criminal suspect in custody, according to the case, it shall be reported to the person in charge of the public security organ at or above the county level for approval, and the following treatments shall be made respectively:
1. If necessary, apply for approval of arrest according to law within the detention period;
2 should be investigated for criminal responsibility, but there is no need to arrest, according to the law or after going through the formalities, directly to the people's procuratorate;
3. If the facts of the crime cannot be ascertained during the period of detention, the investigation shall be continued after going through the formalities of obtaining bail pending trial or residential surveillance according to law;
4. If the case is dismissed, the detainee shall be released and a release certificate shall be issued.
After being detained in criminal detention, if you can't help the public security organs to find out the case in time and remove their criminal suspects, you may be arrested by the public security organs and the case will be formally put on file for investigation. After the expiration of detention, if you are not arrested or released, you need to file a complaint and accusation in time. If you don't know how to operate at this time, you may wish to entrust a professional criminal defense lawyer to provide legal help.