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1. The maximum administrative detention is 15 days, and the combined punishment is not more than 20 days.
2. Criminal detention for up to 37 days.
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What is the maximum duration of criminal detention?
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Legal analysis: The maximum period of criminal detention is 14 days, and the maximum period of detention is 37 days if it is a major suspect who commits a crime on the go, commits a crime for the first time, or commits a crime in a group.
Legal basis: Criminal Procedure Law of the People's Republic of China Article 91: 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 detention. Under special circumstances, the time for submitting a request for review and approval may be extended by one to four days.
The time period for submitting a request for review and approval may be extended to 30 days for the infiltration of major suspects who have committed crimes on the go, committed crimes multiple times, or committed crimes in groups.
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The duration of criminal detention is 14 days, and the maximum detention for recidivists, gang crimes, and other major suspected criminals must not exceed 37 days. According to Article 91 of the Criminal Procedure Law of the People's Republic of China, a public security organ is required to apply to the People's Procuratorate for approval within three days of the detention of a person in custody.
[Legal basis].Article 91 of the Criminal Procedure Law of the People's Republic of China.
Where the public security organs find that it is necessary to arrest a detained person, they shall submit a request to the people's procuratorate for review and approval within three days of the detention. Under special circumstances, the time for submission 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.
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During the period of criminal detention and approval of arrest: according to article 89 of the Code of Criminal Procedure, criminal detention may not exceed 37 days.
Investigation stage: According to article 154 of the Criminal Procedure Law, the period of investigation and detention of a criminal suspect after arrest shall 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 approved by the people's procuratorate at the level above.
Review for prosecution stage: Article 169 of the Criminal Procedure Law stipulates that the people's procuratorate shall make a decision within one month on a case transferred for prosecution by the public security organ, and in major and complicated cases, it may be extended by half a month.
Court trial stage: Article 2 of the Criminal Procedure Law stipulates that the people's court hearing a public prosecution case shall pronounce the verdict within two months after accepting the case, and shall not exceed three months at the latest.
Generally speaking, the detention period for persons suspected of criminal detention by the public security organs is 14 days, and the maximum detention period for major suspects who have committed crimes on the go, repeatedly committing crimes, or committing crimes in groups is 37 days. However, after the expiration of criminal detention, the procuratorate and public security organs may modify the criminal coercive measures, such as approving arrest. The actual length of detention of suspects is often much longer than the length of detention. >>>More
I don't know what crime you are suspected of committing and you are criminally detained, but the law stipulates that you are a criminal suspect until you have been sentenced by a court, and you can only be called a criminal after you have been sentenced. If you have not been convicted by law, then you are not considered to have a criminal record. >>>More
First of all, the administrative detention that LS said is indeed a maximum of 15 days, but LS is not professional, and administrative detention is carried out together, so the maximum is 30 days. >>>More
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According to the Criminal Procedure Law of the People's Republic of China, a general criminal case generally goes through three stages, namely, the investigation stage (public security organs), the review and prosecution stage (the people's procuratorate) and the trial stage (people's courts).During the investigation phase, the public security organs will take him into criminal custody according to the circumstances, and request the procuratorate for approval of the arrest within three days, which may be extended by one to four days, and may be extended to 30 days at the longest, and the procuratorate will generally decide whether to approve the arrest within seven days, and this stage can be as fast as three to 10 days. The period for investigation after arrest must generally not exceed two months, and in cases where the circumstances of the case are complicated, it may be extended by one month with the approval of the people's procuratorate at the level above. >>>More