-
Generally speaking, the detention period for persons suspected of criminal detention by the public security organs is 14 days, and the maximum detention period for major suspects who have committed crimes on the go, repeatedly committing crimes, or committing crimes in groups is 37 days. However, after the expiration of criminal detention, the procuratorate and public security organs may modify the criminal coercive measures, such as approving arrest. The actual length of detention of suspects is often much longer than the length of detention.
Detention in criminal proceedings is a compulsory method adopted by the public security organs and people's procuratorates to temporarily deprive a person of personal liberty of an existing offender or a major suspect in the course of investigation of a case directly accepted by the public security organs or the people's procuratorate when encountering a statutory emergency. Criminal detention must meet two conditions at the same time: first, the object of detention is an active offender or a serious suspect.
An active offender is a person who is in the process of committing a crime, and a major suspect is a person who has evidence to prove that he is suspected of committing a major crime. Second, it has one of the statutory emergency circumstances.
-
1. Criminal detention: The compulsory method adopted by the public security organs and procuratorial organs to temporarily deprive the current offender or major suspect of his or her life and liberty in the course of investigation of a case directly accepted by the public security organs or procuratorial organs in the course of investigation and when encountering an emergency prescribed by law.
Conditions of detention in criminal matters: Code of Criminal Procedure.
Article 61: Public security organs may first detain current offenders or major suspects in any of the following circumstances:
1) They are preparing to commit a crime, committing a crime, or are discovered immediately after committing a crime;
2) The victim or the person who witnessed the scene identified him as having committed the crime;
3) Evidence of a crime is found in the vicinity or residence;
4) Attempting suicide, escaping, or being at large after committing a crime;
5) There is a possibility of destroying or fabricating evidence or colluding confessions;
6) Not telling their real name or address, and their identity is unclear;
7) There is a major suspicion of committing a crime on the go, committing a crime multiple times, or committing a crime in a group.
3. Time limit: The longest is generally considered to be 37 days (3+4+30), but there may be cases of extended detention in China.
Article 69: Where public security organs find it necessary to arrest a person in custody, they shall request that the people's procuratorate review and approve it within 3 days of the detention. Under special circumstances, the time for submitting a request for review and approval may be extended by one to four days.
For major suspects who have committed crimes on the go, committing crimes multiple times, or committing crimes in groups, the time period for submitting a request for review and approval may be extended to 30 days.
The people's procuratorate shall make a decision to approve or not to approve arrest within 7 days of receiving a written request for approval of arrest from the public security organs. Where the people's procuratorate does not approve the arrest, the public security organs shall release them immediately after receiving the notice, and promptly notify the people's procuratorate of the execution situation. Where it is necessary to continue the investigation and the requirements for release on guarantee pending further investigation or residential surveillance are met, they are to be released on guarantee pending further investigation or placed under residential surveillance in accordance with law.
-
The maximum length of criminal detention is 37 days, after which the detention is under arrest. According to the provisions of the law and my experience in handling cases, the situation you mentioned should now go to the procuratorate for review and prosecution or to the court. Matters.
It is recommended to appoint a professional criminal defense lawyer to intervene as soon as possible to provide legal assistance and defense. Article 234:Whoever intentionally injures the body of another person shall be sentenced to up to three years imprisonment, short-term detention or controlled release.
Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. Where this Law provides otherwise, follow those provisions.
-
Criminal detention is up to 37 days, including the time of arrest.
According to article 277 of the Criminal Law, "Whoever obstructs the lawful performance of duties by the personnel of state organs by means of violence or threats shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, controlled release or a fine." ” >>>More
As a result, a 17-year-old student at the martial arts school acted bravely, and as a result: "Based on the nature and circumstances of the defendant Guo Ming's crime and his attitude of admitting guilt, according to the relevant provisions of the Criminal Law of the People's Republic of China, Guo Ming committed the crime of intentional injury and was sentenced to two years and six months imprisonment with a three-year suspended sentence. At the same time, the Longmatan District Court of Luzhou City made a judgment on the civil part of the case, ordering Guo Ming to pay Zhang San compensation; Gou Qing paid Zhang San a compensation amount. >>>More
1. If it is an intentional injury that causes minor injury, it is a public security case, not a criminal case, and cannot be criminally detained; >>>More
You can make inquiries at the case-handling organ where the person was arrested, or you can make inquiries through the police station at the place of household registration. >>>More
During the period of criminal detention, the public security organs will investigate, interrogate, and find relevant evidence, and if they believe that a crime is committed, they must submit it to the procuratorate for arrest, and the procuratorate initiates a public prosecution, and the court will make a judgment, and if it constitutes a crime, it can be sentenced. It depends on whether it has violated the criminal law of the country.