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If there is no evidence, if you do not admit it, you are not guilty, and you will not be detained, and if you admit it, you will be arrested and prosecuted.
The most severe sentence is three years, or one and a half years of re-education through labor.
Detention centers may hold them for up to 2 years until prosecution and transfer to prison.
There is no definite answer to the question of how long it takes to convict, as it depends on the speed of the process.
The conviction is the same whether the compensation is paid or not, and the sentence is not commuted by 1 to 3 months.
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This depends on the injury evaluation, if it is seriously injured, more than three years.
If he admits and the testimony of the other party corroborates it, it is likely that he will be sentenced to a crime.
If you admit guilt, you will be given a lighter punishment.
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The most serious is the sentence to prison, but if a settlement can be reached with the victim, the law is now more lenient. You might as well hire a lawyer for him over there, let the lawyer meet him, and talk in detail about what is going on, and see if the other party provoked it or what, anyway, this matter cannot be solved in one or two sentences.
If the case is clear, it can be decided in a few months.
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Compensation, take a letter of understanding, and consider a light sentence.
Batch arrest to **, within 2 months.
There is no evidence, and he is criminally detained for 37 days, but generally speaking, if he enters the detention center, he will definitely be prosecuted.
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Only lawyers are allowed to meet with them.
Losing money is one thing, it's better to have a letter of understanding, etc.
For more information, please consult QQ
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Depending on the nature of the case, the maximum length of detention in a detention center is divided into five types: 1. In general, the period is 2 months; 2. The case is complicated and cannot be concluded at the end of the time limit, and the period of detention is 3 months; 3. For major and complex cases in remote areas with inconvenient transportation, major criminal group cases, major and complex cases of wandering crimes, and major crime cases involving a wide range of crimes and difficulty in collecting evidence, the period of detention is 5 months upon approval or decision of the provincial procuratorate; 4. In cases where a sentence of 10 years or more imprisonment might be given, the period of detention is 7 months upon approval or decision of the provincial procuratorate; 5. For special reasons, the period of detention may be extended indefinitely upon the Supreme People's Procuratorate reporting to the Standing Committee of the National People's Congress for approval. Prisoners can be detained in detention centers for up to half a year, and once a criminal suspect is arrested by the procuratorate, he or she will be held until the trial of the case is completed, and it is very likely that those who commit serious crimes will be imprisoned for life because of the serious harm to society.
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Legal analysis: How long can a criminal suspect stay in a detention center at most, there are different legal provisions at different stages, and theoretically, with the approval of the National People's Congress, there is no time limit, but there is no precedent in China so far. Therefore, the following is only an example of the most common criminal suspects who are criminally detained and discredited, criminal detention and approval of arrest:
Generally 14 days, maximum 37 days;
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 the detainee. Under special circumstances, the time for submitting a request 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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1. How long the detention center can be held at most.
1. Ordinary detention, normally, is a maximum of 14 days, and if there are special circumstances, such as gangs or multiple crimes, it can be extended to 30 days, because the procuratorate has to have 7 days of approval time, so it is 37 days.
2. The period of review after arrest must not exceed two months, and if the circumstances of the case are complicated, such as: a major criminal group, a major and complex case in which the crime involves a wide range of crimes, and it is difficult to collect evidence, an application may be made for an extension of one month, and if it is approved by the people's procuratorate of a province, autonomous region, or municipality directly under the Central Government, it may be extended by two months.
3. If the criminal suspect may be sentenced to more than 10 years imprisonment, but the investigation cannot be completed when the extension period has expired, it may be extended for another two months with the approval of the people's procuratorate of the province, autonomous region, or municipality directly under the Central Government. If, during the investigation, it is found that the suspect has committed other crimes, the investigation time must be recalculated.
2. Time limit for filing a lawsuit.
1. The time for the judgment should be made within half a month, and if the case is more complicated, then it can be extended by half a month on the original time standard.
2. The prosecution case shall be handed over to another procuratorate for trial, and if this is the case, the time limit for prosecution and prosecution shall begin to be calculated from the time after the changed people's procuratorate receives the case.
3. The first instance is generally a month, and the longest is a month, if special circumstances occur, the time is very difficult to calculate, and the only reasons that can affect the postponement of the first instance are: there must be new witnesses, new identification of the evidence, or new evidence to be obtained; Prosecutors discover that incidents require supplementary investigation; The parties apply for recusal, (Article 2 of which states that the supplementary trial shall be completed within one month.) )
4. The time of the second instance is the same as that of the first instance, and the maximum is one month, and if there are special circumstances, it may be extended by one month with the approval of the High People's Court of the province, autonomous region, or municipality directly under the Central Government, but if it is a case accepted by the Supreme People's Court, there is no provision for this time limit, and you can take as long as you want. Because the silver type is usually July, the longest is nearly 16 months, and it may be longer.
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Where the public security organs find it necessary to arrest a person in custody, they shall do so after the detentionWithin 3 daysand submit it to the people's procuratorate for review and approval. In special circumstances, with the approval of the responsible person at a public security organ at the county level or above, the time for submitting a request for review and approval may be permittedExtended1st to 4th。For major suspects who have committed crimes on the go, committed crimes multiple times, or committed crimes in groups, with the approval of the responsible person at a public security organ at the county level or above, the time for submitting a request for review and approval may be permittedExtended to 30 days
Expansion: Can I be released on bail while in detention?
"Release on guarantee pending further investigation" refers to a compulsory measure where, in the course of criminal proceedings, a criminal suspect or defendant or other relevant persons prescribed by law submit an application, and upon the consent of the people's court, people's procuratorate, or public security organ, order the criminal suspect or defendant to submit a guarantor or pay a guarantee deposit to ensure that the criminal suspect or defendant does not evade or obstruct the investigation, prosecution, and trial, and to be present with the summons.
Article 67 of the Criminal Procedure Law stipulates that the people's courts, people's procuratorates and public security organs shall adjudicate against each otherCriminal suspects or defendants in any of the following circumstances may be released on guarantee pending further investigation:
(a).where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently;
(b).may be sentenced to fixed-term imprisonment or higher, and release on guarantee pending further investigation will not result in social danger;
(c).Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own babies, and are released on bail pending further investigation will not be a danger to society;
(iv).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.
In accordance with the above-mentioned provisions of the Code of Criminal ProcedureDuring the period of criminal detention, the criminal suspect himself, his legally-designated persons, and close relatives (including the criminal suspect's parents, spouse, siblings, and children) have the right to apply for release on guarantee pending further investigation.
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Summary. Hello dear dear, according to the nature of the case, the maximum length of detention in the detention center is divided into 5 types: 1
In general, the period is 2 months; 2.The case is complicated and cannot be concluded at the end of the time limit, and the period of detention is 3 months; 3.For major and complex cases in remote areas where transportation is inconvenient, major criminal group cases, major and complex cases of wandering crimes, and major criminal cases involving a wide range of crimes and difficulty in collecting evidence, the period of detention is 5 months upon approval or decision of the provincial-level procuratorate; 4.
In cases where a sentence of 10 years or more imprisonment might be given, the period of detention is 7 months upon approval or decision of the provincial procuratorate; 5.For special reasons, the period of detention may be extended indefinitely upon the approval of the Supreme People's Procuratorate to the Standing Committee of the National People's Congress.
Hello dear dear, according to the nature of the case, the maximum length of detention in the detention center is divided into 5 types: 1In general, the period is 2 months; 2.
The case is complicated, the starvation period cannot be terminated at the end of the period, and the detention period is 3 months; 3.The period of detention is 5 months for major and complex cases in remote areas where transportation is inconvenient, major criminal group cases, major and complex cases of wandering crimes, and major criminal cases involving a wide range of crimes and difficulties in collecting evidence; 4.In cases where a sentence of 10 years or more imprisonment might be given, the period of detention is 7 months upon approval or decision of the provincial procuratorate; 5.
For special reasons, the period of detention may be extended indefinitely after the Supreme People's Procuratorate has reported to the Standing Committee of the National People's Congress for approval of the burial.
Article 156 of the Criminal Procedure Law of the People's Republic of China stipulates that 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 granted upon the approval of the people's procuratorate at the level above.
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