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The reason for the extension of detention should be obtained from the case-handling organ. In general, the maximum length of criminal detention is 37 days; In other words, from the time the compulsory measures are taken, at the latest on the 37th or 38th day, the family members should receive a notice of arrest or release on bail; In special circumstances, such as where a co-offender is caught in a joint crime case, or where a suspect is found to have committed another new crime, the period of detention may be recalculated.
Legal analysisBased on the circumstances of the case, the people's courts, people's procuratorates, and public security organs may place criminal suspects or defendants under custodial summons, release on guarantee pending further investigation, or residential surveillance, and the compulsory measures of residential surveillance against criminal suspects in cases are compliant and lawful. Criminal detention, up to 37 days, after which depending on the evidence, if there is evidence to prove the facts of the crime, it may be arrested to continue the investigation and detention, and it generally takes about five months to have a court verdict. It is recommended that a lawyer be retained to handle the meeting, apply for release on guarantee pending further investigation on his behalf, keep abreast of the progress of the case, and formulate a litigation plan that is beneficial to the partiesAccording to article 96 of the Criminal Procedure Law, only lawyers may meet with criminal suspects before judgment.
Family members may consider entrusting a lawyer to meet with the criminal suspect in the detention center, earnestly understanding the specific circumstances of the entire case, and learning about his confession to the public security organs. After the lawyer's meeting, make a judgment on the circumstances of the crime, promptly provide legal assistance to him, and apply for release on bail pending further investigation; If the case is transferred to the procuratorate or court, the defense lawyer may go to the procuratorate or court to read the case file, collect the confessions, documentary evidence, physical evidence and other relevant evidence of the criminal suspect and other co-defendants charged by the investigating organ, and draw up a defense plan after in-depth research, and make sure that the defendant is not guilty, the crime is minor, the crime is mitigated, the punishment is waived, or the sentence is suspended, so as to protect the defendant's greatest rights and interests.
Legal basisArticle 3 of the Criminal Procedure Law of the People's Republic of China: The public security organs are responsible for the investigation, detention, execution of arrest, and preliminary trial of criminal cases. The people's procuratorate is responsible for the prosecution, approval of arrest, investigation of cases directly accepted by the procuratorate, and initiation of public prosecutions. The people's courts are responsible for trials.
Except as specifically provided by law, no other organ, group or individual has the right to exercise these powers. People's courts, people's procuratorates, and public security organs conducting criminal proceedings must strictly abide by the relevant provisions of this Law and other laws.
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Hello. The current Code of Criminal Procedure stipulates that, in general, the maximum length of criminal detention is 37 days; In other words, from the time the compulsory measures are taken, at the latest on the 37th or 38th day, the family members should receive a notice of arrest or release on bail;
In special circumstances, such as where a co-offender is caught in a joint crime case, or where a suspect is found to have committed another new crime, the period of detention may be recalculated.
Suggestion: Check with the case-handling authorities about the reasons for the extension of detention.
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If there is no arrest in criminal detention, then the public security organ handling the case has already constituted extended detention;
According to the provisions of the Criminal Procedure Law, criminal detention is limited to 37 days, after which compulsory measures must be changed, such as release on bail pending further investigation, residential surveillance, etc.
They may report to the procuratorate or the public security organ at a higher level and request supervision.
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It appears to be very serious, and the general detention for disturbing public order is 15 days.
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Legal Analysis: Criminal detention is only a compulsory measure in the process of criminal proceedings, not a type of punishment. Criminal detention is up to 37 days.
If the arrest is not made during this period, the coercive measures will be changed or the person will be released. Criminal detention may result in arrest and sentencing. If the person is not released after two months of detention, he may have been arrested, so please consult the case-handling authority for details.
Legal basis: Criminal Procedure Law of the People's Republic of China Article 91: Where a public security organ finds that it is necessary to arrest a person who has been detained, it shall request that the people's procuratorate review and approve it within 3 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.
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.
For those who need to continue the investigation under false pretenses, 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 placed under residential surveillance in accordance with law.
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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.
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First of all, the public security organs will take him into criminal detention according to the circumstances, and request the procuratorate for approval of 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 the Taizheng is a major suspect who has committed a crime on the go, who has committed a crime in a gang, or who has committed a crime many times, the time of the application for approval of arrest can be extended to one month, that is to say, the criminal detention is generally more than 10 days, and the longest is 37 days.
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Where a person is suspected of committing a crime and is arrested by a public security organ with the approval of the procuratorate, the time limit for arrest is two months, and the investigating organ shall transfer the investigation to the procuratorate for examination and prosecution within two months.
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