According to the provisions of the Criminal Procedure Law, criminal detention is divided into three situations: 10, 14 and 37.
Criminal detention is an emergency measure before arrest, and only those who have no time to apply for an arrest warrant will be temporarily detained. Immediately after detention, you should apply to the procuratorate for approval of arrest.
The above is an example:
10 day (the public security organ applies to the procuratorate for approval of arrest within 3 days, and the procuratorate decides whether to arrest within 7 days, so 10 day)
14 days (for complicated cases, the application period can be extended by 4 days, 7 days for arrest, 7+7= 14 days).
37 days (for complex gang crimes, fugitive crimes and multiple crimes, the applicable period can be extended to 30 days, 7 days for arrest, 30+7=37 days).
Once the procuratorate approves the arrest, the detention period must wait until the court makes a judgment and the suspect is convicted.
However, there is also a time limit for the investigation by the public security organs during detention. After the expiration of investigation detention, it is necessary to: first, change compulsory measures, change arrest into bail or other things. . . . In short, release people; Second, before the deadline, end the reconnaissance and hand over the case to the procuratorate for review. -only these two choices. The duration of investigation and detention is:
two months
+1 month (the case is complicated and reported to the higher procuratorate for approval)
+2 months (major and complicated, reported to the provincial procuratorate for approval)
+2 months (on the basis of the above 2+ 1+2=5 months, it may be sentenced to more than 10 years in prison, which will be re-approved by the provincial procuratorate).
Therefore, under normal circumstances, the public security organ must end the investigation within 2+ 1+2+2=7 months and hand over the case to the procuratorate, otherwise it must release people.
The most special case-postponement of the trial: the public security organ needs to report to the Supreme People's Procuratorate, and the Supreme People's Procuratorate will report to the National People's Congress Standing Committee (NPCSC) for approval. -In this case, the public security organ may detain indefinitely, without being restricted by the above-mentioned seven-month detention period for investigation. -However, only criminals who are super cattle X can win this honor, hehe.
When the police end the investigation and hand over the case to the procuratorate for review, the procuratorate's review is also limited (because the suspect may still be locked up at this time and may be wronged, so we must improve the efficiency of handling cases and try our best to protect the rights of the suspect. ) This period is 1 month+half a month = 1 half a month.
After examination, decide not to prosecute or decide to prosecute. If you don't sue, you will be released. If prosecuted, the case will be transferred to the court. Time limit of first instance 1 month+half a month+1 month (approved by the provincial high court) =2 and a half months.
If there is a second trial, the duration of the second trial is the same as that of the first trial.
After the trial, the verdict, guilty-handed over to the prison for execution (if shot, the court will come by itself), not guilty-was released.
Matters needing attention
If you have been detained in criminal detention, according to the provisions of the Criminal Procedure Law, only lawyers can go to the detention center to meet the criminal suspect.
If conditions permit, close relatives can consider entrusting a lawyer to meet the criminal suspect at the detention center as soon as possible, so as to learn the most true story and appease the emotions of the criminal suspect.
After the meeting, the lawyer made a preliminary judgment on the circumstances of the crime to see whether it constituted a crime or whether there were any lighter or mitigated punishment circumstances such as surrender, meritorious service, accomplice and attempted crime. And provide legal assistance and apply for bail pending trial in time.
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