I was detained for too long and asked for help from a well wisher who knew the law

Updated on society 2024-03-25
3 answers
  1. Anonymous users2024-02-07

    Criminal detention on suspicion of a crime cannot exceed 37 days. If they cannot be arrested in the future, they will be released on bail pending further investigation or placed under residential surveillance.

    Article 89 of the Criminal Procedure Law: Where a public security organ finds that it is necessary to arrest a person in custody, it 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.

  2. Anonymous users2024-02-06

    According to your description, if you have already been criminally detained, it means that you are suspected of a criminal offense, and because at this stage only a lawyer can meet with the suspect, it is best to entrust a lawyer to meet with the suspect first, so as to understand the facts, nature, circumstances and other specific circumstances of the suspect's crime, consult the case file materials, etc., and make a specific analysis of the case in combination with the statutory and discretionary circumstances of the mitigating punishment and mitigating punishment, as well as the degree of harm the suspect has caused to society, and strive to help the suspect be given a lighter or commuted punishment.

    Article 21 of the Law on Public Security Administration Punishments, where a person who violates the administration of public security has any of the following circumstances and shall be given a punishment of administrative detention in accordance with this Law, the punishment of administrative detention shall not be enforced: (1) Those who have reached the age of 14 but are not yet 16 years old; (2) Those who have reached the age of 16 but are not yet 18 years old, and who violate the administration of public security for the first time; (3) 70 years of age or older; Those who are pregnant or breastfeeding their own babies under the age of 1.

  3. Anonymous users2024-02-05

    Legal analysis: The illegal act of five days of detention is not a crime, and the violation of public security regulations is subject to administrative detention.

    Legal basis: Law of the People's Republic of China on Public Security Administration Penalties Article 23 Anyone who commits any of the following acts shall be given a warning or a fine of up to 200 yuan; where the circumstances are more serious, they are to be detained for between 5 and 10 days, and may be fined up to 500 yuan in Luchong

    1) Disrupting the order of organs, groups, enterprises, or undertakings, causing work, production, business, medical treatment, teaching, or scientific research to be unable to proceed normally, and causing serious losses;

    2) Disrupting the order of stations, ports, docks, airports, shopping malls, parks, exhibition halls, or other public places;

    3) Disrupting order on buses, trams, trains, ships, aircraft, or other means of public transportation;

    4) Illegally intercepting, forcibly boarding, or pickpocketing motor vehicles, ships, aircraft, or other means of transport, impacting the normal operation of the means of transport;

    5) Disrupting the order of elections conducted in accordance with law.

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