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Anonymous users2024-02-06The maximum period of detention is seven months. The main basis is as follows:
When a public security organ requests an extension of the period of detention in a case, it shall submit it 7 days before the completion of the period of detention, and report in writing the main facts of the case and the specific reasons for extending the period of detention, and the people's procuratorate shall make a decision before the period of detention is completed. The period of investigative detention after the 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.
Four types of cases: (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 go-around; (4) Major and complex cases in which the crime involves a wide range of areas and it is difficult to collect evidence.
Where the time limit for the above cases cannot be concluded at the completion of the time limit, an extension of two months may be granted upon approval or decision of the provincial, autonomous region, or directly governed municipality people's procuratorate, and in the above-mentioned cases where the criminal suspect might be sentenced to a sentence of 10 years imprisonment or more, where the extension period is provided for at the completion of the period of extension, and the investigation cannot be concluded, it may be extended for another two months upon approval or decision of the provincial, autonomous region, or directly governed municipality people's procuratorate.
In our country, detention is basically a natural state of deprivation of a citizen's personal liberty that is attached to detention or arrest after an arrest or detention decision, and is not an independent coercive measure.
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Anonymous users2024-02-05Hello, the first trial has been carried out, and it is difficult to be released on bail pending trial. The maximum period of detention provided for by law is seven months, and 16 months of detention is beyond the reach of this lawyer. It is advisable to bring your details to the consultation in person.
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Anonymous users2024-02-04Legal analysis: The maximum period of detention is seven months. The maximum period of detention after arrest is 37 days, and the period of detention after arrest is generally two months, which may be extended by one month for complicated cases, and for major and complicated cases in remote areas where transportation is very inconvenient, for an additional two months, and for criminal suspects they may be sentenced to more than 10 years, and if the case cannot be concluded within the aforementioned time limit, it may be extended for another two months.
Legal basis: Article 156 of the Criminal Procedure Law: The period of investigation and detention after the arrest of a criminal suspect must not exceed two months. In cases where the circumstances of the case are complicated and filial piety is unsatisfactory and cannot be concluded at the end of the time limit, an extension of one month may be granted with the approval of the people's procuratorate at the level above.
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Anonymous users2024-02-03Legal analysis: The maximum period of detention is seven months. The maximum period of detention after arrest is two months, which may be extended by one month for complicated cases, and for major and complex cases in remote areas where transportation is very inconvenient, and criminal suspects may be sentenced to more than 10 years, and where the case cannot be concluded within the aforementioned period, it may be extended for another two months.
Legal basis: Criminal Procedure Law
Article 156: 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.
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Anonymous users2024-02-021. What is the maximum period of detention in a detention center?
1. The longest is 37 days. The period of detention of a criminal suspect by a public security organ may not exceed one month. If evidence of a crime is found within one month, it shall be reported to the procuratorate for approval of arrest, and if no evidence of a crime is found, it shall be released.
The time limit for the procuratorate to approve an arrest shall not exceed seven days. 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. Where the public security organs conclude their investigation and find that the evidence of the crime is credible and sufficient, they are to transfer it to the procuratorate for review for prosecution, and release it if they find that the evidence of the crime is not credible and sufficient.
2. Legal basis: Article 11 of the Criminal Procedure Law of the People's Republic of China.
Where it is decided not to prosecute, if the defendant was formerly a state employee, the issue of his salary may be handled in accordance with the following principles: If the defendant has not been punished by re-education through labor or public security, and his former unit has not given him an administrative disciplinary sanction, the original unit shall pay him all his wages during the period of detention; Where the defendant has not received re-education through labor or public security punishment, and the original unit gives an administrative disciplinary sanction, the original unit's salary for the period of detention is to be reduced or not paid at the discretion of the original unit; Where the defendant has received a re-education through labor or public security punishment, his wages for the period of detention shall not be retropaid.
2. What is the maximum period of detention for the court to hear criminal cases.
1. Under normal circumstances, the people's court shall pronounce the verdict within two months of accepting a criminal case, and shall not exceed three months at the latest. If there are special circumstances that require an extension, it must be approved by the court;
2. The relevant laws stipulate that the maximum time for the court to hear a case shall not exceed three months, and if the court handling the case changes its jurisdiction, the court of that jurisdiction shall continue to hear the case after the change, and the time is calculated from the date of receipt of the case. The investigation time of the case must not exceed two months, and if the case is complicated and cannot be concluded on time, an application may be made to the procuratorate at the next higher level for an extension of time. Major cases may also be applied to the Supreme People's Court for an extension of trial because of the complexity of the circumstances.
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It's been almost 2 months.,It's the longest.,That time was really good at home.,It's unbearable to look back.,So think about it carefully.。