If an arrest is granted, does the previous detention count as a sentence?

Article 41 of the Criminal Law stipulates that the term of controlled release shall be calculated from the date of enforcement of the judgment; Where a person is taken into custody before the judgment is enforced, the sentence is to be reduced by 2 days for each day of detention.

Article 44 stipulates that the term of short-term detention shall be calculated from the date on which the judgment is enforced; Where a person is taken into custody before the judgment is enforced, the sentence is to be reduced by one day for each day of detention.

Article 47 stipulates that the term of fixed-term imprisonment shall be calculated from the date of enforcement of the judgment; Where a person is taken into custody before the judgment is enforced, the sentence is to be reduced by one day for each day of detention.

The Supreme People's Court's reply on the issue of how to express the start and end dates of the sentence in criminal judgment documents.

On February 13, 2000, the 1099th meeting of the Adjudication Committee of the Supreme People's Court passed Fa Shi 2000 No. 7).

Jiangxi Provincial High People's Court:

Your court Gan Gao Fa 1999 No. 151 "Instructions on How to Describe the Start and End Time of Sentence in Judgment Documents" has been received. After study, the reply is as follows:

On the basis of articles 41, 44, and 47 of the Criminal Law, as well as the "Model Court Criminal Procedure Documents" (sample), where a sentence of controlled release, short-term detention, or fixed-term imprisonment is given, the type of punishment, the duration of the sentence, and the start and end dates of the principal sentence, as well as the method of commutation, shall be clearly indicated in the criminal judgment documents. The term of imprisonment is calculated from the date of execution of the sentence. Where a person is detained before the judgment is enforced, one day of the sentence is to be deducted for each day of detention (and where a controlled release sentence is given, two days for each day of detention), that is, from XX-XX-DD (the date of detention) to XX-XX-DD.

Where a person is released on guarantee pending further investigation during detention, the termination date of the sentence is to be extended.

This is the case. The date of detention is the date of detention, so the duration of detention is also deductible from the sentence.

Criminal detention is generally required before arrest, because arrest requires the approval of the procuratorate, and even if an arrest is made, it takes time, and criminal detention is carried out before the approval process. In particular, for active offenders, they are generally detained first, and if the conditions for arrest are met, they are then submitted for arrest. However, if a fugitive is arrested, he may be arrested directly with the approval of the procuratorate.

Article 47 of the Criminal Law of the People's Republic of China: [Calculation and Deduction of Fixed-term Imprisonment] The sentence of fixed-term imprisonment is calculated from the date on which the judgment is enforced; Where a person is taken into custody before the judgment is enforced, the sentence is to be reduced by one day for each day of detention.

Criminal detentionArrest can be approved within 3 days, and the maximum arrest can be approved within 37 days. "Approval of arrest" refers to the people's procuratorate's approval of the public security organ's request to arrest the criminal suspect. When a public security organ finds that it is necessary to arrest a criminal suspect during the course of investigation, it shall draft a written request for approval of arrest and submit it to the people's procuratorate for review and approval together with the case materials and evidence.

Legal basis] Article 91 of the Criminal Procedure Law.

Where the public security organs find that it is necessary to arrest a detained person, they shall request that the people's procuratorate review and approve it 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. The time period for submitting a request for review and approval may be extended to 30 days for major suspects who have committed crimes on the run and turned into crimes, who have committed crimes multiple times, or who have committed crimes in groups.

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 organ. 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 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 residential surveillance in accordance with law.

In our country, criminal detention does not necessarily require a sentence if the arrest is approved. Usually, when the procuratorate approves an arrest, it should have obtained preliminary evidence. However, it is up to the court to decide whether to convict or not.

Therefore, it cannot be said that once the procuratorate approves the arrest, it will definitely sentence the sentence, but it can only be said that in practice, the proportion of those who are finally convicted by the court after the procuratorate approves the arrest is very high.

Legal basis] Shouchen Lu.

Article 12 of the Criminal Procedure Law stipulates that no one shall be convicted without a judgment by a people's court in accordance with law.