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In the course of criminal proceedings, criminal detention is a temporary coercive measure taken against criminal suspects and defendants, and criminal detention is taken to ensure the smooth progress of the proceedings. So, what happens after criminal detention has been carried out? As a family member or friend, first of all, you should learn the facts of the suspected crime from the public security organ or procuratorate handling the case as soon as possible.
Second, they have the right to inquire from the case-handling organ about the place of detention. In accordance with the provisions of law, summons or custodial summons must not exceed 12 hours, and criminal suspects must not be detained in disguised form in the form of summons or custodial summons. After a public security organ detains a person, it shall, within 24 hours, notify the family of the detainee or the place of detention of the detainee's family or his work unit, except in circumstances where the investigation is obstructed or notification is not possible.
Thirdly, if the prisoner is not notified of his detention after being detained for several days, the prisoner is usually arrested in a foreign country, and usually, the police do not neglect the procedure of notifying the family, so the prisoner's family does not need to be overly suspicious. In this case, the family of the criminal suspect can directly contact the local police station to find out whether there is a notice of detention, so as to know the location and reason for the prisoner's detention. Finally, if the family is sure that the loved one is detained or arrested and knows exactly where the person is detained, then they can promptly hire a lawyer to meet with the detention center to protect the legitimate rights and interests of the client.
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If the criminal detention exceeds one month, the family can take the following measures:
2.Check with the Public Security Bureau: Families can contact the detention center or the Public Security Bureau to request information on the progress and current status of the case. They should be able to provide more information as well as any necessary documentation.
3.Contact the Public Prosecutor's Office: Families can contact the local Public Prosecutor's Office directly to find out if the case has been reached with the Public Prosecutor's Office and possible further action plans.
4.Protection of detainees: Ensure that detainees have their legal rights, including appropriate laws**, appropriate prosecution procedures and respect for physical integrity.
Summary: If the criminal detention is more than one month, the family should contact the lawyer and learn about the progress of the case, and at the same time contact the relevant departments (such as the Public Security Bureau, the procuratorate) to ensure that the rights and interests of the detainee are protected.
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After the procuratorate approves the arrest, it will still withdraw to the original investigative organ to continue the investigation. There is a time limit for investigation, and once the time limit is reached, it will be transferred to the procuratorate for prosecution. There is a time limit for this investigation.
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Since there is a notice, then the arrest must be approved, so keep waiting.
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It's because you didn't ask me clearly, whether the arrest is a coercive measure, that is, he is not allowed to contact others, or is it in the investigation stage, but the lawyer can see the client, not others
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Criminal detention is a compulsory method adopted by the public security organs and people's procuratorates to temporarily deprive the current offender or major suspect of his or her personal liberty in the course of investigation of a case directly accepted by the public security organs or people's procuratorates when they encounter a statutory emergency.
Article 89 of the Criminal Procedure Law stipulates that if a public security organ finds it necessary to arrest a detained person, it shall, within three days of the detention, submit it to the people's procuratorate for examination and approval.
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.
According to the above provisions, the period of detention for persons suspected of criminal detention by the public security organs is 10 days, 14 days in special circumstances, and the maximum detention period for major suspects who have committed crimes on the go, committed crimes repeatedly, or committed crimes in groups is 37 days.
In judicial practice, the public security organs have also postponed many suspects who do not meet the 37-day requirements until 30 days before reporting for approval of arrest, making the entire procedure time-consuming.
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Legal analysis: It is necessary to distinguish between administrative detention, judicial detention and criminal detention. In the detention center, there is criminal detention.
The maximum detention period is 37 days, and if you are not able to release on bail pending trial, the procuratorate will approve the arrest as the next step. During the period of criminal detention, no one other than the case-handling organ or other state organ needs to handle the case and the defense lawyer who has been retained, including relatives, cannot be seen.
Legal basis: "Law of the People's Republic of China on Public Security Administration Punishments" Article 16: Where there are two or more violations of the administration of public security, separate decisions are to be made and enforcement is combined. Where administrative detention punishments are to be combined, the longest is not to exceed 20 days.
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1. The adoption of criminal detention measures against the criminal suspect shows that the nature of the case is relatively serious, and that the criminal suspect's confession was basically obtained during the period of detention. 2. Most of the criminal suspects entered the detention center for the first time, and they did not know the internal regulations, and always thought that the person who took care of them was the person who handled the case, Kuan Chunqin, and they did not know how serious the crime was, nor did they know what rights they had, and they were also worried about being tortured to extract confessions. Even when the case-handling personnel asked them to sign, they did not dare to look at it or signed it without being careful with what they said, which is quite unfavorable to themselves.
**Complaints, accusations; Apply for a change in the compulsory measure and submit an opinion. They may also meet and communicate with criminal suspects to ensure that the lawful rights and interests of criminal suspects are not infringed upon.
Article 156 of the Criminal Procedure Law of the People's Republic of China: The period of investigative detention after arrest of a criminal suspect must not exceed two 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.
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