1, the public security organ will take criminal detention according to the situation, and submit it to the procuratorate for approval to arrest within three days, which can be extended for one to four days. The procuratorate will generally decide whether to approve the arrest within seven days; If it is a major suspect who has committed a crime on the run, in a gang or for many times, the time for requesting arrest can be extended to one month. Summary: Criminal detention is generally more than ten days, and the longest is thirty-seven days.
2. Investigation period after arrest. The investigation period after arrest shall generally not exceed two months. Cases with complicated cases may be extended for one month with the approval of the people's procuratorate at the next higher level. If it is an area with inconvenient transportation, a major criminal group case, a fugitive crime, etc. With the approval of the provincial procuratorate, it can be extended for another two months. With the approval of the provincial procuratorate, the criminal suspect who may be sentenced to fixed-term imprisonment of more than 1 years will be extended for another two months.
3. If other important crimes are found, the time limit will be recalculated. Summary: Generally speaking, the public security stage lasts about two and a half months to three months, and the longest is eight months.
Second, the stage of examination and prosecution
1. After the investigation, the case handlers of the public security organs will write a prosecution opinion, and the files and evidence will be transferred to the procuratorate, which is the stage of examination and prosecution. This stage is usually one month, and major and complicated projects can be extended by half a month.
2. If the procuratorate deems it necessary to conduct supplementary investigation after examination, it may return it to the public security organ for supplementary investigation or conduct investigation on its own. Supplementary investigation shall be completed within one month, and supplementary investigation shall be limited to two times. After the supplementary investigation, the procuratorate recalculated the time limit for examination and prosecution.
3. after the examination, the public prosecution section of the procuratorate will write a public prosecution and file a public prosecution with the corresponding court.
conclusion: the review and prosecution stage is generally one month to one and a half months, and the longest one will reach five months.
Third, the trial stage of the court
1. Ordinary procedure, the first trial will be held within one month after the court accepts it, and the verdict will be pronounced no later than one and a half months; The people's court shall terminate the summary procedure within 2 days after accepting it.
2. If it is a case in a remote area, a major criminal group or a fugitive, it can be extended for another month. 3. If the defendant or a party to an incidental civil action refuses to accept the judgment of first instance, he may appeal; If the procuratorate believes that the judgment of the first instance is indeed wrong, it can also lodge a protest with the higher court, and the case will enter the second instance. The trial time limit of the second instance is the same as that of the first instance.
fourthly, in practice, the phenomenon of prolonged detention is very common. If this happens, it is necessary to hire a lawyer to appeal in time, apply for bail pending trial, and safeguard the legitimate rights of the criminal suspect (defendant).
After the court pronounced the sentence, the time spent in the detention center was deducted from the sentence period. If the sentence is less than one year, the remaining sentence will be served in the detention center, and the sentence will generally not be reduced in the detention center. If it exceeds one year, it will be sent to different prisons after a period of time according to the length of the remaining sentence.