Nine months of detention in a criminal case does not solve the problem

Don't believe you, this kind of Internet lawyer's words are all, and after all, they still want to solicit business for themselves.

First of all, I'm going to ask you, your friend, what criminal case is a gang crime that refers to two or more people.

The detention center detention period is generally up to 1 year before the first trial, of course, there are various places that do not meet the regulations, especially county-level cities, the public procuratorate and the law are lawless and do not violate the rules They have the final say, and there are individual cases of ultra-long detention for more than 2 years and there is still no case of first instance ** I have seen many cases that have been detained for nine months belong to the stage and are still in the procuratorate stage, and there are 2 supplementary investigation stages.

Not yet in court and not yet receiving indictment.

Wait patiently, if the matter is small and the family's financial situation is not good, ask a general lawyer to give a package of 3,000 yuan before the second trial.

The main thing is to look at the dossier and look at the other confessions.

Now why does our country say that lawyers have no place in the judicial circles?

There are too many indiscriminate, most of them have bad attitudes, they can't do it professionally, and their minds are full of speculation that this can be acquitted, and that can be acquitted.

Completely do not look at the case from the perspective of the client's family, and ask a lawyer to meet with the detainee in the detention center.

Let's see what else needs to be done out there, and there's nothing else going on.

The trial can be up to nearly 12 months after criminal detention. It is advisable to consult a professional lawyer.

Criminal cases have corresponding procedures for investigation, review for prosecution, and trial.

If the criminal case is more complicated, the police may investigate it for up to nine months. Judging from the time alone, it is not certain whether it is illegal or not.

It has been nine months since I was arrested, and under normal circumstances, I have already been sentenced, so it is best to ask a lawyer to intervene, and if there is a situation of extended detention, I can apply for release on bail pending trial.

Under the ordinary procedure, it generally takes five to six months from criminal detention to sentencing. If there are special statutory circumstances, the time limit may be extended in accordance with law. Article 154 of the Criminal Procedure Law: 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 the time limit cannot be concluded, 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 202:People's courts hearing public prosecution cases shall announce a verdict within 2 months of accepting it, and must not exceed 3 months at the latest.

In cases where the death penalty might be given or in cases with attached civil litigation, as well as in any of the circumstances provided for in article 156 of this Law, an extension of three months may be granted upon approval by the people's court at the level above; Where an extension is necessary due to special circumstances, it shall be reported to the Supreme People's Court for approval. In cases where the people's court changes jurisdiction, the time limit for trial is calculated from the date on which the changed people's court receives the case. In cases where the people's procuratorate has supplemented the investigation, after the supplementary investigation is completed and transferred to the people's court, the people's court is to recalculate the time limit for trial.

If a sentence has not been given for 9 months after being arrested, it is considered extended detention, and the compulsory measures shall be changed to release on guarantee pending further investigation or residential surveillance.

1. "Release on guarantee pending further investigation" refers to a compulsory measure in criminal proceedings whereby the public security organs, people's procuratorates, people's courts, and other judicial organs order criminal suspects or defendants who have not been arrested or who need to change compulsory measures after arrest to avoid investigation, prosecution, and trial, and issue a letter of guarantee that they will be available with the summons, and that they will not be detained or temporarily released from detention. It is to be enforced by the public security organs.

Criminal Procedure Law: Article 65 clearly stipulates that the people's courts, people's procuratorates and public security organs may release criminal suspects or defendants on guarantee pending further investigation under any of the following circumstances:

1) Where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently;

2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation will not cause danger to society;

3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and are released on guarantee pending further investigation will not be a danger to society;

4) Where the period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation.

Release on guarantee pending further investigation and residential surveillance are to be enforced by the public security organs.

2. Residential surveillance refers to a compulsory measure whereby the people's courts, people's procuratorates, and public security organs order criminal suspects or defendants not to leave their residence or designated residence for a specified period of time during criminal proceedings, and monitor their conduct and restrict their personal freedom.

Criminal Procedure Law: Article 72: People's courts, people's procuratorates, and public security organs may place criminal suspects or defendants under residential surveillance who meet the requirements for arrest and have any of the following circumstances:

1) Suffering from a serious illness and unable to take care of themselves;

2) Women who are pregnant or breastfeeding their own infants;

3) is the sole supporter of a person who is unable to take care of himself;

4) Because of the special circumstances of the case or the needs of handling the case, it is more appropriate to employ residential surveillance;

5) The period of detention is complete, the case has not yet been completed, and it is necessary to employ residential surveillance.

Where the requirements for release on guarantee pending further investigation are met, but the criminal suspect or defendant is unable to provide a guarantor or pay a guarantee deposit, residential surveillance may be met.

Residential surveillance is carried out by the public security organs.

1. The evidence in the case has not been completely consolidated and has not been transferred to the procuratorate;

2. Why don't you apply for bail pending trial? This case is still not allowed to be released on bail pending trial, and it is an extended detention.

This case is not right, this is not in accordance with the case handling process and regulations. You can complain.

Do you have any precedent for this? Or ask why you were able to meet with the person.

There are a lot of lawyers on this side, so you might as well ask what the situation is.

Generally, they will be released directly, because after all, your father is not directly responsible.

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