According to different situations, the duration of detention and custody can be different. The following are the general deadlines:
1. detention: detention refers to the compulsory measures taken by the police to restrict personal freedom. According to the provisions of the Criminal Procedure Law, the maximum period of detention is generally 30 days, but it can be extended to three months under special circumstances;
2. Custody: Custody refers to the compulsory measures taken against the defendant to restrict personal freedom at the stage of criminal trial. According to the Criminal Procedure Law, the maximum period of detention is seven months. However, if the case is complicated or there are special circumstances, it may be extended to one year upon approval.
Detention refers to the compulsory measures taken by the police to restrict personal freedom. The following is the general process of detention:
1. Reporting: When a criminal act occurs or is discovered, the victim or others can report it to the police;
2. Initial investigation: After receiving the report, the police conducted an initial investigation, collected relevant evidence, and understood the basic situation of the case and the people involved;
3. Suspect interrogation: If the suspect is confirmed by preliminary investigation, the police can summon the suspect to the police station for interrogation. During the trial, the police will ask the suspect about the case;
4. Detention decision: According to the results of preliminary investigation and trial, the police will decide whether to take detention measures against the suspect according to the law and evidence. Detention decisions usually require the approval of the competent prosecutor or the court;
5. Execution of detention: After the detention decision takes effect, the police will take the suspect to the police station or detention center. The suspect will be confined to a specific detention center and cannot leave;
6. Duration of detention and protection of rights: According to the law, the duration of detention varies with different judicial systems and countries. During the period of detention, suspects enjoy certain rights protection, such as access to lawyers and understanding of charges.
To sum up, the public security organs can detain flagrante delicto and major suspects first. The specific detention period shall be determined according to the complexity of the case, but the longest detention period shall not exceed 37 days. The complex cases mentioned here mainly refer to: fugitive crimes, repeated crimes and gang crimes. After the perpetrator is sentenced to criminal detention, the people's procuratorate decides whether to arrest him or not. The arrested criminals need to be put on criminal trial afterwards. Only after the court makes a judgment can it be determined how long the perpetrator needs to serve his sentence. The specific term of imprisonment needs to be determined according to the crime committed by the perpetrator and the circumstances of the crime. Therefore, the question of how long to detain and how long to sentence needs to be determined according to the circumstances of the case.
Legal basis:
Article 82 of the Criminal Procedure Law of People's Republic of China (PRC)
Conditions of detention The public security organ may detain a flagrante delicto or a major suspect in any of the following circumstances:
(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) criminal evidence is found around him or at his residence;
(four) attempted suicide, escape or escape after committing a crime;
(5) It is possible to destroy or forge evidence or collude with others;
(six) do not speak the real name and address, the identity is unknown;
(7) Being seriously suspected of committing crimes on the run, committing crimes for many times or committing crimes in association.