What does it mean to be detained for two months

Where a person is suspected of committing a crime and is arrested by a public security organ with the approval of the procuratorate, the time limit for arrest is two months, and the investigating organ shall transfer the investigation to the procuratorate for examination and prosecution within two months.

The suspect was arrested and detained for two months.

Legal analysis: Two months, it should be submitted for arrest, because criminal detention is up to 37 days, and a sentence is required, and the specific sentence depends on the circumstances. According to the latest Criminal Procedure Law, only a lawyer can meet with a criminal suspect, and you can find a lawyer to release him on bail pending trial or to defend his innocence, mitigation or probation.

Generally speaking, the period of detention of suspects by the public security organs is 7 days, and the maximum detention period for major suspects who have committed crimes on the go, multiple crimes, or gangs is 37 days (criminal detention cannot reach 2 months). However, after the expiration of high detention, it does not mean that the suspect has been released, and criminal coercive measures can be changed, such as approving arrest, and the actual detention time of the suspect is often greater than the length of detention.

Legal basis: Article 91 of the Criminal Procedure Law: 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 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.

For those who need to continue the investigation and meet the requirements for release on guarantee pending further investigation or residential surveillance, they are to be released on guarantee pending further investigation or placed under residential surveillance in accordance with law.

Legal Analysis: The maximum period of criminal detention is 37 days, and if you are detained for three months, it constitutes extended detention. The parties may appeal to the leader at the level above the public security organ, requesting that the previous decision be revoked and promptly corrected.

If the relevant personnel of the public security organs are slack, the process of handling the case is not open, transparent, and chaotic, and the lead rot caused by the case-handling personnel is prematurely detained, the person concerned may appeal to the leader of the public security organ at the next higher level, and may apply for state compensation.

Legal basis: Article 86 of the Criminal Procedure Law of the People's Republic of China: Public security organs shall interrogate detained persons within 24 hours of detention. When it is found that detention should not be done, the person must be released immediately and a certificate of release must be issued.

Legal Analysis: After an arrest, the general period of investigative detention is two months, which can be extended by one month. Therefore, it is impossible to determine whether it is in the investigation stage or the transfer for review and prosecution stage, and the handling method is different at each stage, so it is recommended to consult in person.

Legal basis: 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 160: In cases where the public security organs' investigation has been concluded, they shall keep an eye on the facts of the crime and ensure that the evidence is credible and sufficient, and write a written opinion for prosecution, along with the case file materials and evidence, and transfer it to the people's procuratorate at the same level for review and decision; At the same time, inform the criminal suspect and his defense lawyer of the transfer of the case.

Article 161:Where, in the course of investigation, it is discovered that criminal responsibility of the criminal suspect should not be pursued, the case shall be withdrawn; Where a criminal suspect has already been arrested, he shall be immediately released, a certificate of release shall be issued, and the people's procuratorate that originally approved the arrest shall be notified.