Since criminal detention is very serious, what is criminal detention? Why is the 37 days after criminal detention called the golden rescue period? What should we do as family members?
The concept of criminal detention
Criminal detention refers to cases directly accepted by the public security organs and people's procuratorates. During the investigation process, when encountering statutory emergencies, criminal detention is carried out on current criminals or major suspects. The elements resort to coercive methods of temporarily depriving their personal freedom.
The issue of the golden rescue period
The maximum detention period for cases investigated by the public security organs is 30 days, and the maximum period from detention to arrest is 37 days. During this period, there will be Investigate whether the suspect has committed a crime. If it is indeed not a crime, he will be released directly, or if the lawyer's review opinion meets the conditions for release on bail, the suspect will be released on bail within 30 days. The public security agency's investigation determines that the evidence is conclusive enough to arrest him. If necessary, the procedures for release on bail pending trial will be handed over to the public security organs for investigation. After investigation, if the public security organ believes that the evidence is sufficient and arrest is necessary, the detained person will be reported to the procuratorate for approval of arrest within 30 days, and the procuratorate will decide whether to arrest within 7 days.
We all know that in criminal cases, trial is the core link, but the trial results of the case are often "finalized" during the investigation stage of the public security agency. Criminal proceedings are carried out around evidence and are interlocking. The vast majority of the evidence collected by the public security organs during the investigation phase is sufficient to determine whether the criminal suspect is guilty or not. The 37 days from the detention of the criminal suspect to the approval of arrest are the longest period for the public security organs to determine whether the suspect is guilty or not. The critical period of investigating the case is therefore called the golden 37 days.
What should the suspect’s family do?
1. Understand in a timely manner where the suspect is being detained, what the alleged crime is, and how to communicate with the police. Of course, you must first be polite and avoid being negative. Emotionally, family members are not allowed to see the suspect at this stage. In addition, during non-epidemic periods, they can send clothes and cash of no more than 2,000 yuan to the suspect.
2. Communicate normally and be good at listening. Next, if you are confident about your legal expertise, you can proceed. The other step is to contact a professional lawyer to seek professional legal help, ask for a meeting, and understand the case in a timely manner.
What to do if a family member entrusts a defense lawyer
1. Understand the suspect’s alleged crimes and related case facts from the investigative agency from a lawyer’s professional perspective, and provide professional legal opinions and suggestions in a timely manner , strive for the maximum legal rights and interests of criminal suspects.
2. Meet with criminal suspects in a timely manner and provide legal assistance. Meeting with a lawyer is particularly important. It can not only understand all the facts of the case at the first time, but also relieve the psychological pressure of the criminal suspect. It can provide the criminal suspect with maximum legal help and avoid making any mistakes without violating the objective facts. Make unfavorable statements to oneself, promptly let the criminal suspect know the alleged crime and possible punishment, and explain to the criminal suspect the litigation rights he or she enjoys during the litigation process.
3. Can appeal, accuse, and obtain bail pending trial on behalf of criminal suspects, and provide professional legal advice. After lawyers intervene in the case, they can put supervisory pressure on the investigators and urge the case-handling agencies to handle the case in accordance with the law. They can apply to the investigative agencies for bail pending trial based on the reasons. By being released on bail pending trial, they can help the investigators understand the case in more detail and avoid unjust, false and wrongful convictions.