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I don't know what your question means, administrative detention can be up to 15 days, and combined execution can be 30 days. But now administrative detention centers have been set up for administrative detention. The date of detention will be indicated on the family notice.
And if it is not administrative detention, it will be detained in a detention center, which is criminal detention, and this will enter the litigation procedure, and it is impossible to simply release the person. First of all, after a public security organ identifies a suspect, it must go through procedures such as filing a case, collecting evidence, custodial summons, and interrogation, and must go through the checks of the legal affairs department, the consent of the leaders of the competent department, and the signature of the responsible person at or above the county level. According to the Criminal Procedure Law, the period of criminal detention is 7 days, and the period of detention may be extended to 30 days upon approval for cases involving complicated cases, gangs, or wandering crimes, and may be extended to one year for particularly complicated cases reported to the National People's Congress for approval.
Before the expiration of the detention period, the case-handling unit will transfer all the case materials and evidence collected to the arrest approval section of the people's procuratorate at the same level. The Arrest Approval Section shall review the case and make a decision to approve the arrest, or if the facts are unclear and the evidence is insufficient, the decision not to approve the arrest shall be issued. It takes about 1 month.
Along with all the materials, it will be forwarded to the case-handling organ. When the case-handling unit receives a case that has been transferred, it will immediately arrest those who have already been arrested, and those who do not approve the arrest may be released on bail pending further investigation or acquitted, and before that they could be re-educated through labor. After the arrest is approved, after supplementing the materials for about 1 to 2 months, it will be reported to the prosecution department of the procuratorate.
It takes about 1 to 2 months for the prosecution department to sue to the people's court at the same level, and it will take another 1 or 2 months to **, and it will take another 1 or 2 months to make a judgment. If there is a step in the middle that thinks you are wronged, then you can come out early. Hehe, however, you have the right to demand compensation from the state, and there will be wrongful cases to be investigated, and someone may lose their jobs.
Therefore, the case handler is becoming more and more cautious now, so even if it is wrong, it is becoming more and more difficult if you want to turn it over. It is estimated that all the procedures go through once, and no one can say how long it will take.
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The sentence is three months, but may be extended, depending on the circumstances of the case.
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Legal analysis: On the 28th, it can only be said that the case may still be in the investigation stage of criminal detention by the public security organs, and it is uncertain whether it will be reported to the procuratorate for approval of arrest. Therefore, whether it can be judged depends on these substantive issues and procedural issues, and it is best to describe the situation clearly.
It is recommended that a professional criminal defense lawyer be retained to intervene in the handling, and that effective defense work be carried out in light of the specific circumstances of the case, striving for a lighter or commuted punishment, and that certain conditions be met to strive for release on guarantee pending trial and a suspended sentence as much as possible.
Legal basis: Criminal Procedure Law of the People's Republic of China The maximum period of criminal detention by the public security organs is 30 days, and the maximum period of arrest approved by the procuratorate is 7 days.
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Around eight o'clock.
In the case of a suspended sentence, the first-instance trial court shall first make a decision to modify the compulsory measures to residential surveillance or release on guarantee pending further investigation, and immediately notify the public security organs.
Article 355 of the Supreme People's Court's Interpretation of Several Issues Concerning the Enforcement of the Criminal Procedure Law of the People's Republic of China: Where a criminal sentenced by a first-instance people's court to short-term detention or a suspended sentence to fixed-term imprisonment cannot be immediately enforced, the judgment has not yet been legally effective. If a convict who has been given a suspended sentence is in custody, the first-instance trial court shall first make a decision to modify the compulsory measures to residential surveillance or release on guarantee pending further investigation, and immediately notify the public security organs.
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Releasing people is an internal procedure in the detention center, and the person you pick up just waits outside. The exact time depends on the time when the detention center management personnel are at work. It's usually around 8-10 a.m.
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It should be in the morning or in the afternoon, but not in the evening.
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How do you know when to release someone?
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Generally, there are no special circumstances that are released before 10 o'clock in the morning, my friend came out at 9 o'clock in the morning, and the detention center staff usually go to work at 8:30 in the morning, so you just wait at the gate, and when he comes out, he has to register and search his body at the doorman, and he is not allowed to bring anything that does not belong to him.
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Legal Analysis: Around eight o'clock.
1.If they are non-detainees, they should be released immediately.
2.If the offender is in custody, the first-instance trial court shall first make a decision to modify the compulsory measures to residential surveillance or release on guarantee pending further investigation, and immediately notify the public security organs.
Legal basis: "Supreme People's Court Interpretation on Several Issues Concerning Enforcement" Article 355:Where a first-instance trial court sentences a criminal sentenced to short-term detention or fixed-term imprisonment and a suspended sentence, and the judgment has not yet taken legal effect, it cannot be immediately transferred for enforcement. If a convict who has been given a suspended sentence is in custody, the first-instance trial court shall first make a decision to change the compulsory measures to residential surveillance or release on guarantee pending further investigation, and immediately notify the relevant public security organs.
After the judgment takes legal effect, the legal documents shall be sent to the department for distribution to the local public security organs.
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On 28 July, it could only be said that the case may still be in the investigation stage of criminal detention by the public security organs, and it is uncertain whether it will be reported to the procuratorate for approval of arrest. Therefore, whether it can come out depends on these substantive issues and procedural issues to judge, and it is best to describe the situation of Zhiling Lao Dao clearly.
10,000 XP in the Captain's Room on the top right.
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