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If a guarantee has been signed and formalities for release on guarantee pending further investigation have been completed, and the public security organs agree to release them on guarantee, they may be temporarily released, and before the court determines whether they are guilty, the case must go through the investigation and prosecution phases, during which the judicial organs may decide whether to detain or arrest them on the basis of the circumstances of the case.
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You have to indicate which area you are in, and the specific operation of each police station in criminal cases is different. If there is an arrest warrant from the public security organ, the period of detention for investigation shall be two months from the date of approval of the arrest.
If the above-mentioned arrest refers to the act of detaining a person at the police station, and the guarantee is a guarantee for release on bail, then after the release on bail, your husband can be released in principle, but the investigation period at this time should in principle be the entire period of release on bail pending trial.
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Hello, because the public security organs are investigating, and there will naturally be a conclusion after the case is clarified.
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Article 274 [Crime of Extortion] Whoever extorts public or private property, where the amount is relatively large or extorts multiple times, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment and a concurrent fine is to be given.
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Legal Analysis: In the case of being detained in a detention center, it is generally a case of criminal detention, but this is not the case in all cases. Detention centers are organs that detain criminal suspects who have been arrested or criminally detained in accordance with law.
For convicts sentenced to fixed-term imprisonment, where the remaining sentence is less than three months before they are transferred for enforcement, the detention center is to enforce it on their behalf.
Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 264: When a convict is transferred for enforcement of a criminal punishment, the people's court that transferred the case for enforcement shall send the relevant legal documents to the public security organs, prisons, or other enforcement organs within 10 days of the judgment taking effect. For convicts sentenced to death with a two-year reprieve, life imprisonment, or fixed-term imprisonment, the public security organs are to send the convict to prison to enforce their punishment in accordance with law.
For convicts sentenced to fixed-term imprisonment, where the remaining sentence is less than three months before they are handed over or trained to serve the sentence, the detention center is to enforce it on their behalf. Convicts sentenced to short-term detention are to be enforced by the public security organs. Juvenile offenders shall be sentenced in a juvenile correctional facility.
The enforcement organs shall promptly take the convict into custody and notify the convict's family. Convicts sentenced to fixed-term imprisonment or short-term detention shall be issued a certificate of release at the completion of the enforcement period.
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Legal analysis: Entering a detention center means that the person is suspected of committing a crime and has been taken compulsory measures by the judicial authorities, that is, criminal detention or arrest, and the case has entered criminal proceedings. As for whether this person will be sentenced, it depends on the outcome of the case.
They must be sent to the detention center for detention because the people involved in the case have already committed some violations and crimes, and the public security organs need to investigate or supplement the case.
Legal basis: Article 82 of the Criminal Procedure Law of the People's Republic of China? In any of the following circumstances, the public security organs may detain current offenders or persons who are seriously suspected of committing crimes:
1) They are preparing to commit a crime, committing a crime, or are discovered immediately after committing a crime;
2) The victim or a person who witnessed the group fight at the scene identified him as having committed the crime;
3) Evidence of a crime is found in the vicinity 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 real 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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Legal Analysis: In general, the maximum period of criminal detention is 14 days. Major suspects who commit crimes on the go, commit crimes repeatedly, or commit crimes in groups shall be detained for a maximum period of 30 days.
However, after the expiration of criminal detention, criminal coercive measures can be changed, such as renting back, such as approving arrest. The actual length of detention is often far higher than the duration of detention.
Legal basis: Criminal Procedure Law of the People's Republic of China Article 89: 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 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.
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