How to appeal for extended detention? What to do if you are detained for an extended period of time

1. Where the public security organ detains the detention for an extended period of time, the parties concerned may appeal to the procuratorate.

2. Where the procuratorate has extended detention, it may appeal to the people's supervisors.

3. The court may appeal to the procuratorate for an extended trial, and may appeal to the public, procuratorial, judicial, or people's congress supervisory organ at the next higher level, requesting that the compulsory measures be revoked or modified, and that corrections be supervised.

4. Therefore, if the circumstances you mentioned are not special circumstances, they are acts of extended detention, and if they are indeed illegally detained, they can apply for state compensation.

Depending on the specific facts of the case, it is recommended to entrust a lawyer to understand the specific facts of the case and provide legal assistance.

Criminal Procedure Law of the People's Republic of China

Article 154: The period of investigative detention after arrest of a criminal suspect must not exceed 2 months. In cases where the circumstances of the case are complicated and cannot be concluded at the completion of the time limit, an extension of one month may be granted upon the approval of the people's procuratorate at the level above.

Criminal detention may not exceed a maximum of 30 days.

Within seven days of receiving the materials handed over by the public security organs, the procuratorate must make a decision to approve the arrest and not to approve the arrest.

The prosecution materials shall be handed over to the court within 60 days after the procuratorate approves the arrest, and may be extended by 15 days in complex cases.

During this period, if the procuratorate finds that the evidence is insufficient or the circumstances of the case are complicated, it may return it to the public security organ for supplementary investigation, which is generally 60 days for one return, and the procuratorate may submit a request for supplementary investigation at most twice.

Within 45 days from the second day after the court receives the prosecution materials, the trial may be extended by 90 days for complex and major cases, and generally must not exceed 180 days. However, the court may also return the prosecution materials to the procuratorate to recalculate the trial period, which generally must not exceed 3 times. **The verdict shall be pronounced within 45 days from the second day after the trial, and the maximum period may not exceed 90 days for complex and major cases, and if the court needs to extend the trial period, the maximum period is generally not more than 180 days.

The normal criminal procedure is 217 days, and the verdict is usually 90 days for the simple facts of the case.

Extended detention is very common in China's judicial practice, and more than two years of detention is indeed too long, so you must first find out which organ is handling the case materials, and if it is in the procuratorate, you can find the procuratorate at the next higher level or the people's supervisor of the procuratorate to report it, and if the case is in the court, then it can be directly reported to the local procuratorate.

Extended detention shall be handled as follows: A criminal suspect or defendant who conceals such a person and his or her legally-prescribed lenient persons, close relatives, or defenders have the right to request that the compulsory measures be lifted upon the expiration of the statutory period for compulsory measures taken by the people's courts, people's procuratorates, or public security organs.

Legal basis] Article 99 of the Criminal Procedure Law.

People's courts, people's procuratorates, or public security organs shall release, lift release on guarantee, residential surveillance, or modify compulsory measures in accordance with law for criminal suspects or defendants whose legally-prescribed period of compulsory measures has expired. Criminal suspects or defendants and their legally-designated persons, close relatives or defenders have the right to request that the compulsory measures be relieved and that the compulsory measures be removed upon the completion of the statutory period for compulsory measures taken by the people's courts, people's procuratorates, or public security organs.

Legal Analysis: Criminal suspects or defendants and their legally-designated persons, close relatives, or lawyers and other defenders retained by criminal suspects or defendants have the right to request that the compulsory measures be lifted if the people's courts, people's procuratorates, or public security organs take compulsory measures beyond the legally-prescribed time limit.

Legal basis: "Criminal Tongge Ruler Procedure Law of the People's Republic of China" Article 99: People's courts, people's procuratorates, or public security organs shall release criminal suspects or defendants who have been subject to compulsory measures at the end of the statutory period, release them on guarantee pending further investigation, residential surveillance, or modify compulsory measures in accordance with law. Criminal suspects or defendants, their legally-designated persons, close relatives, or defenders have the right to request that the compulsory measures be lifted upon the completion of the statutory period for compulsory measures taken by the people's courts, people's procuratorates, or public security organs.