At first, it was criminal detention, but now it means to prolong arrest

Article 69 of China's Criminal Procedure Law clearly stipulates the time limit, extension period and reasons for criminal detention by public security organs. That is, the circumstances of extending the period of detention fall into two categories:

First, under "special circumstances", the time period for submitting a request for review and approval of arrest can be extended by 1 to 4 days;

Second, the time limit for submitting a request for review and approval of arrest for "major suspects who have committed crimes on the go, committed crimes multiple times, or committed crimes in groups" may be extended to 30 days.

However, in practice, in almost all cases, the investigating authorities did not submit to the procuratorate for review and approval of arrest until close to 30 days. Such an arbitrary extension of the period of criminal detention must be taken seriously.

Calculation of the period for which the extension of arrest and detention is approved:

The relevant law provides for the 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.

Article 155:In particularly major and complicated cases that are not suitable for trial for a longer period of time due to special reasons, the Supreme People's Procuratorate shall report to the Standing Committee of the National People's Congress for approval of an extension of trial.

Article 156:In the following cases, where the investigation cannot be concluded at the completion of the time period provided for in article 154 of this Law, it may be extended for two months upon approval or decision of the provincial, autonomous region, or directly governed municipality people's procuratorate:

1) Major and complex cases in remote areas where transportation is very inconvenient;

2) Major criminal group cases;

3) Major and complex cases in which the crime was committed on the move;

4) Major and complex cases in which the crime involves a wide range of areas and it is difficult to collect evidence.

Article 157:Where a criminal suspect might be sentenced to 10 years imprisonment or more, and the extension period is completed in accordance with article 156 of this Law, but the investigation cannot be concluded, it may be extended for another 2 months upon approval or decision of the provincial, autonomous region, or directly governed municipality people's procuratorate.

Article 158:Where, during the investigation period, it is discovered that the criminal suspect has committed another major crime, the period of investigative detention is to be recalculated in accordance with the provisions of article 154 of this Law from the date of discovery.

Where criminal suspects do not state their real names or addresses, and their identities are unclear, an investigation shall be conducted into their identities, and the period of investigative detention is calculated from the date on which their identities are clarified, but the investigation and collection of evidence for their criminal conduct must not be stopped. Where the facts of the crime are clear, the evidence is credible and sufficient, and there is truly no way to ascertain their identity, they may also be prosecuted or tried in their self-reported names.

Legal Analysis: The maximum time limit for submitting a request for approval of arrest in a criminal case will not exceed 37 days, and under normal circumstances, where the public security organs consider that arrest is necessary for these criminal suspects who have already been criminally detained, the people's procuratorate should review and approve the arrest within three days after the detention, and for major criminals who have committed crimes multiple times and have committed crimes in groups, the time for submitting a request for review and approval of arrest may be extended to 30 days.

Legal basis: Criminal Procedure Law of the People's Republic of China Article 91: Where a public security organ finds it necessary to arrest a detained person, it shall submit it to the people's procuratorate for review and approval within three days of 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 organ. Where the people's procuratorate does not approve the arrest of the wheelbench, the public security organs shall immediately release it after receiving the notice, and promptly notify the people's procuratorate of the situation of the execution.

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.