Why are you still detained and not released after two months of supplementary investigation?

Article 171 of the Criminal Procedure Law stipulates: "When the people's procuratorate examines a case, if it is necessary to supplement the investigation, it may return it to the public security organ for supplementary investigation, or it may conduct its own investigation. In cases of supplemental investigation, the supplemental investigation shall be completed within 1 month.

Supplementary investigations are limited to two. After the supplementary investigation is completed and transferred to the people's procuratorate, the people's procuratorate is to recalculate the time limit for review for prosecution. In cases of supplementary investigation, where the people's procuratorate still finds that the evidence is insufficient and does not meet the requirements for prosecution, it may make a decision not to prosecute.

1 There are two types of supplementary investigations. That is, if the investigation is completed by the public security organs, when the people's procuratorate needs to supplement the investigation after review, it may decide to return the case to the public security organs for supplementary investigation, or it may decide to conduct its own investigation, and when necessary, it may request the assistance of the public security organs. However, if it is a case that the people's procuratorate has concluded its own investigation and needs to be supplemented, it cannot be returned to the public security organ for supplementary investigation.

2 According to article 140 of the Criminal Procedure Law and articles 268 and 269 of the Rules of the Supreme People's Procuratorate, a case returned to the public security organ for supplementary investigation shall be completed within one month; The time limit for the people's procuratorate's review for prosecution is to be recalculated from the date on which the supplementary investigation of the case is completed and transferred for prosecution. Where the people's procuratorate decides to conduct its own investigation during review for prosecution, it shall complete the investigation within the time limit for review for prosecution.

3. The number of supplementary investigations shall not exceed 2. This refers to both cases that have been returned to the public security organs for supplementary investigation, as well as cases in which the people's procuratorate has decided to return them to the investigation department for supplementary investigation.

It was not a detention, it was an arrest and detention.

If the case is handled quickly, the answer can be less than two months; If the case is handled normally, it will take two months; If the case is delayed, it will take more than two months。In the author's opinion, there are three main situations.

1. The rapid handling of the case may be less than two months

After all, for many people, there is no way to leave the detention center smoothly before the investigation results of the case, and it is also necessary to provide relevant confession information in the detention center, and even some physical evidence information, so as to achieve the effect of wanting to investigate.

2. The normal processing of the case takes two months

If the case is handled normally, it will take two months, after all, for many people, after entering the detention center, it is necessary to actively cooperate with the investigation and processing, because in many cases, the investigation and handling of the case requires a large amount of information collection, and the detention center notifies a detention period is relatively accurate, so many times the investigation and handling time of the case is maintained at about this time, which means that the prisoner needs a 2-month detention period.

3. The delay in the processing of the case will take more than two months

If the case involves some key points, difficult times, it is necessary to make targeted breakthroughs, then it will inevitably affect the investigation of the case, in many cases it takes a certain amount of time to sort out the case, especially for the processing of some key cases, so in a small number of cases, the sorting out of the case needs a certain amount of time to coordinate the implementation, after all, for the police handling the case, in most cases it is necessary to seriously investigate the facts of the case. Therefore, the processing time of the case at this time is greater than that of Qingxiang by two months.

Precautions: In many cases, the person being investigated needs to actively cooperate with the handling of **.

You will be detained for a total of two months, and if no evidence is found within these two months, you will be released, and if evidence is found, you will be sentenced.

Yes, because these two months require a clear understanding of all the circumstances, including detention.

Yes, this is the most common method of calculation, and everyone calculates it this way, basically a uniform regulation.

Two months after the arrest. It has nothing to do with the time of detention. It is generally delayed by one month.

After the suspect is arrested, he directly enters the stage of investigation, and the specific investigation time is not fixed. First of all, the length of detention should be determined in conjunction with the progress of the investigation; secondly, the detention center detains suspects for a maximum of 37 days; In addition, if a prisoner is found guilty of a crime, he or she may be transferred directly from the detention center to the court for sentencing。The author believes that the specific detention time and investigation time of criminal suspects can be analyzed from the following three aspects.

1. The duration of detention shall be determined in the light of the progress of the investigation

First of all, for criminal suspects, after being arrested by the public security organs in accordance with the law, they will be directly transferred to the relevant detention center for criminal detention, after all, for them, the case investigated by the public security organs is suspected of a major crime, so the public security organs will take emergency measures to detain them in accordance with the law, the main purpose is to be able to better extract the corresponding confession and evidence from the criminal suspect, which can help the further investigation of the case.

2. Detention centers detain suspects for a maximum period of 37 days

In addition, for detention centers, the detention time of a criminal suspect can only reach about 37 days at most, and the extra time is an infringement of the criminal suspect's personal freedom, so for the public security organs, in most cases, after the criminal suspect is arrested and detained in accordance with the law, they will try to combine the criminal suspect's confession and the evidence provided during this period to conduct a rapid investigation of the case, so as not to release the criminal suspect due to the problem of time. As a result, further investigation of the case was hampered.

3. As far as the prisoner is concerned, if he is found guilty of a crime, he may be directly transferred from the detention center to the court for sentencing at a later stage

The second is that for the prisoner, in most cases, if during the detention center detention, because of some confessions provided during the period, as well as some evidence presented by **, the criminal suspect has a direct connection with the case being investigated, and there is a mastermind or a crime of **, then the subsequent detention center will submit these criminal evidence to the court for trial, and pronounce the sentence on the criminal suspect in accordance with the law, so as to achieve the purpose of justice.

Note: For criminal suspects, once the crime is confirmed, it means that the identity of the criminal suspect will be changed to that of the prisoner, and the sentence will be served in prison in accordance with the law.

Two months. This is a very correct phase of the investigation and will not be added to the 37 days of detention.

The 37 days without detention are two concepts, and there is still a two-month investigative phase after the arrest. It does not count the time of the arrest.

Typically, it's two months. This also has a very clear rule, and we should pay attention to some legal knowledge in our lives.

Reasons for not releasing a person after two months of criminal arrest: First, the public security organs will make a criminal arrest of the person according to the circumstances, and submit a request to the procuratorate for approval of the arrest within three days, which can be extended by one to four days, and the procuratorate will generally decide whether to approve the arrest within seven days; if it is a major suspect who has committed a crime on the go, in a gang, or has committed multiple crimes, the time of the application for approval of arrest can be extended to one month, that is to say, the criminal arrest is generally more than 10 days, and the longest is 37 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.

If it is an area with inconvenient transportation, a major criminal group case, or a crime committed by wandering, it may be extended for another two months with the approval of the provincial procuratorate. For suspects who may be sentenced to a sentence of less than 10 years, it will be extended for a further two months with the approval of the provincial procuratorate. In other words, the time in the public security stage is generally about two and a half months to three months, and the longest is eight months.

Article 82 of the Criminal Procedure Law of the People's Republic of China: Public security organs may first arrest an active offender or a major suspect in any of the following circumstances: (1) where a crime is being prepared, a crime is committed, or a crime is discovered immediately after the crime; (2) The victim or a person who witnessed the scene identified him as having committed the crime; (3) Evidence of a crime is found in the neighborhood or residence; (4) Attempting suicide, escaping, or being at large after committing a crime; (5) There is a possibility of destroying or fabricating evidence or colluding confessions; (6) Not telling their true name or address, and their identity is unclear; (7) There is a major suspicion of committing a crime on the go, committing a crime multiple times, or committing a crime in a group.