1. Time limit for investigation and detention in general criminal cases. According to the provisions of the criminal procedure law, the period of investigation and detention of criminal suspects after arrest 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 0 months with the approval of the people's procuratorate at the next higher level. Therefore, for most cases, the investigation organ should complete the investigation within two months; In some cases where the investigation task cannot be completed within two months due to the complexity of the case, it may be extended by 1 month or at most three months with the approval of the people's procuratorate at the next higher level. "The case is complicated and the deadline cannot be ended" is the prerequisite for extending the deadline. The so-called "complicated case" refers to the complexity of the crimes involved in the case, such as group crime, multiple crimes committed by one person, and multiple people participating in evidence collection.
2. Fourth, the investigation and detention period of special cases. With the approval or decision of the people's procuratorates of provinces, autonomous regions and municipalities directly under the Central Government, the following four types of cases that cannot be concluded after the expiration of the general investigation detention period stipulated in the Criminal Procedure Law may be extended by two months, up to five months at the longest:
(1) Major and complicated cases in remote areas with very inconvenient transportation. This situation must meet two conditions. First, it occurred in remote areas with very inconvenient traffic conditions in Xinjiang, Tibet, Qinghai and other provinces and regions in China. Due to the vast territory and poor traffic conditions, it sometimes takes several days, dozens of days or even longer to obtain a piece of evidence, so objectively it takes a long period of investigation and detention. Second, this provision can only be applied in major and complicated cases. In remote areas with inconvenient transportation, not all cases can be extended.
(2) Major criminal group cases. The "criminal group" stipulated in the criminal law refers to a criminal group with relatively fixed personnel and organized and directed criminal activities. In practice, major underworld organization cases are often criminal cases that seriously endanger the public safety, and have a great influence in the crime area; Because of the large number of criminals, or the formation of offensive and defensive alliances, or absconding for fear of sin, it is difficult to investigate or collect evidence, so it is necessary to extend the time limit appropriately.
(3) Major and complicated escape criminal cases. This kind of case must meet two conditions at the same time: first, the fugitive case, because the criminal is a floating population from other places, the location of the crime is not fixed, and it is difficult to investigate and collect evidence; Second, major and complicated cases. The above two conditions must be established at the same time, in order to apply this provision to extend the time limit.
(4) Major and complicated cases involving a wide range and difficulties in obtaining evidence. This kind of case often involves many provinces and regions, the case is significant and complicated, there are many evidence collectors, and the scope of evidence collection area is large, so it is necessary to extend the period of investigation and detention.
Among the four types of cases, the Criminal Procedure Law also makes special provisions on the time limit for investigation and detention of crimes that may be sentenced to 10 years or more. If the criminal suspect may be sentenced to fixed-term imprisonment of more than 10 years, and the investigation is terminated after the time limit is extended according to the provisions of this law, it may be extended for two months with the approval or decision of the people's procuratorate of the province, autonomous region or municipality directly under the Central Government. That is to say, for felons who may be sentenced to more than 10 years in the above four types of cases, the investigation detention period can be up to 7 months.
It should be noted that the "extension for two months" or "extension for another two months" of the above four types of cases must be approved or decided by the people's procuratorates of provinces, autonomous regions and municipalities directly under the Central Government. If the public security organ or the people's procuratorate below the provincial level needs to extend the time limit for filing a case for investigation, it shall report to the people's procuratorate of the province, autonomous region or municipality directly under the Central Government for approval; If it is necessary to extend the time limit for a case put on file for investigation by a provincial people's procuratorate, the court shall examine and decide to extend the time limit for investigation and detention.
Time limit for investigation and detention of particularly serious and complicated cases. According to the provisions of the Criminal Procedure Law, 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. This provision takes into account that some cases may not be tried for a long time because of political relations or other reasons, such as the cases of Japanese war criminals and Kuomintang war criminals in the past, which need special circumstances and special treatment. The so-called "special reasons" refer to major issues involving national politics and diplomacy, involving the security and interests of the whole country, and the specific characteristics of the case cannot be identified as "special reasons". The so-called "unfit for trial" means that it is not suitable for trial for a certain period of time because of political relations, or for a long period of time because of other special reasons, such as diplomacy. If the case cannot be closed within the detention period due to the complexity of the case, it is not included. The so-called "particularly serious and complicated case" refers to a case that involves a national crime or will have a significant impact on the whole country and even abroad. "The circumstances are particularly serious and complicated" is a necessary qualification for such cases, and cases that do not belong to this category cannot be handled according to the provisions of this article. In law enforcement, cases that are not suitable for trial for special reasons must be treated with caution. Only the National People's Congress Standing Committee (NPCSC) has the right to approve the postponement of the trial, which must be strictly controlled and the interpretation must not be expanded at will; As for the specific extension time, there is no clear stipulation, and the National People's Congress Standing Committee (NPCSC) can approve it according to the actual situation. At the same time, public security and procuratorial organs should pay close attention to handling cases within the detention period, and should not take this provision as an excuse to think that the detention period of major and complicated cases can be extended indefinitely.
The public security organ shall apply for extending the detention period seven days before the expiration of the detention period, and submit the main facts of the case and the specific reasons for extending the detention period in writing. The people's procuratorate shall make a decision before the expiration of the detention period. In a case directly put on file for investigation in the Supreme People's Procuratorate, if the suspect needs to extend the period of investigation and detention, it shall be decided by the Supreme People's Procuratorate according to law.
In addition, the Criminal Procedure Law specifically stipulates the calculation method of the time limit for investigation and detention in the following three situations: (1) The criminal suspect commits another major crime. According to the provisions of the Criminal Procedure Law, if a criminal suspect is found to have committed other important crimes during the investigation, the period of investigation detention shall be recalculated according to relevant regulations from the date of discovery. In the process of investigation, if the public security organ finds that the suspect has committed other major criminal acts, the public security organ shall decide to recalculate the period of investigation and detention, and the people's procuratorate shall not approve it; But it needs to be reported to the people's procuratorate for the record, and the people's procuratorate can supervise it. (2) The criminal suspect does not speak his real name and address, and his identity is unknown. According to the provisions of the Criminal Procedure Law, the time limit for investigation and detention shall be counted from the date of finding out his identity, but the investigation and evidence collection of his criminal acts shall not be stopped. (3) It is necessary to make a psychiatric appraisal of the criminal suspect. According to the provisions of the Criminal Procedure Law, the time limit for psychiatric appraisal of criminal suspects is not included in the time limit for handling cases. For criminal suspects and defendants in custody, except for the time of psychiatric appraisal of criminal suspects and defendants, other appraisal time is included in the time limit for handling cases. If a case cannot be concluded after the expiration of the time limit for handling a case because the appraisal time is too long, the compulsory measures for the criminal suspect or defendant in custody shall be changed to bail pending trial or residential surveillance from the date of expiration of the time limit.
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