Will you be arrested after criminal detention, will you be arrested after criminal detention?

Hello, if the investigating agency finds that the following circumstances are met at the same time after the criminal act is filed and investigated, it may take arrest measures:

1. There is evidence to prove the facts of the crime.

2 May be sentenced to imprisonment or more.

3. The use of methods such as release on bail pending further investigation and residential surveillance is not sufficient to prevent the occurrence of danger to society, and arrest is necessary.

Criminal detention is not necessarily followed by an arrest. Criminal detention itself is a compulsory measure, and whether or not the follow-up is to be converted into arrest depends on the follow-up circumstances of the case, and if it is determined that an arrest is to be made, it also needs to go through the approval process, that is, if the public security organ finds that the detained person needs to be arrested, it shall submit it to the people's procuratorate for review and approval within three days of the detention. Therefore, whether or not to make an arrest after criminal detention is still to be analyzed on a case-by-case basis.

[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 person who has been detained, it shall request that the people's procuratorate review and approve it within 3 days of the detention or retention. 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, summoned Duan Oak to commit crimes multiple times, or ganged up to commit crimes, 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.

Legal analysis: Arrest after criminal detention does not necessarily mean sentencing, criminal detention is a compulsory measure in criminal investigation, during the investigation process or after the investigation, if the investigating organ believes that the criminal suspect does not constitute a crime or does not pursue criminal responsibility, it may decide to withdraw the case; After the transfer is transferred to the public prosecution organ for review for prosecution, if the public prosecution organ finds that a crime is not constituted or criminal responsibility is not pursued, it may make a decision not to prosecute; Where a lawsuit is brought to the people's court, and upon trial court finds that a crime is not constituted or criminal responsibility is not pursued, it may be declared not guilty or exempted from criminal responsibility.

Legal basis: Article 16 of the Criminal Procedure Law of the People's Republic of China: In any of the following circumstances, criminal responsibility is not pursued, and where it has already been pursued, the case shall be withdrawn, or not prosecuted, or the trial shall be terminated, or acquitted: (1) The Qingling Joke Festival is obviously minor and does not cause much harm, and is not considered a crime; (2) The statute of limitations for prosecution has already expired; (3) Exemption from criminal punishment by amnesty order; (4) Crimes that were handled in accordance with the Criminal Law, and there is no accusation or withdrawal of the accusation; (5) The criminal suspect or defendant is deceased; (6) Other laws provide for exemption from criminal responsibility.

Not necessarily. The maximum duration of criminal detention is 30 days, plus 7 days for the procuratorate to review and approve the arrest, for a total of 37 days. If the person has not come out for 37 days, the person must have been arrested by the procuratorate.

Usually, within 30 days of detaining a person, the public security organ will submit it to the procuratorate for review and approval of arrest, but it does not always submit it to the procuratorate for review and approval of arrest. If the public security organs find that the circumstances of the crime are relatively minor, it is not necessary to impose a sentence of imprisonment or higher, or if the parties have legally-prescribed or discretionary lenient circumstances, or if after investigation it is discovered that the evidence in the case is likely to be insufficient, the public security organs may modify the compulsory measures on their own.

1. What is the maximum length of criminal detention.

The maximum duration of criminal detention in criminal custody is 37 days, of which seven days are the time for the procuratorate to review and approve the arrest. According to the provisions of the Criminal Procedure Law, if 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. In special circumstances, it can be extended for 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.

2. How many days can I be released from criminal detention?

Criminal detention is generally 14 days, and within 14 days, the public security organs must report to the procuratorate for approval, of which the time approved by the procuratorate is 7 days, including 14 days, if approved, arrest, otherwise release or change. The maximum period of criminal detention is 37 days, and the time limit for submitting a request for review and approval may be extended to 30 days for major suspects who have committed crimes on the go, committed crimes repeatedly, or committed crimes in groups. The time for approval by the procuratorate is 7 days, and within 30 days, the investigating organ reports to the Ranlu procuratorate for approval of the arrest, and if approved, the arrest is made, otherwise the compulsory measures will be released or modified.

Criminal Procedure Law of the People's Republic of China

Article 3: 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.

Article 163:Where, during the course of investigation, it is discovered that criminal responsibility of the criminal suspect should not be pursued, the case shall be withdrawn; Where a criminal suspect has already been arrested, he shall be immediately released, a certificate of release shall be issued, and the people's procuratorate that originally approved the arrest shall be notified.

Legal Analysis: Criminal detention can be divided into several situations: withdrawal of the case, release, release on bail pending trial, or prison and rent letter depending on residence. Where the circumstances are obviously minor and the harm is not great, it is not considered a crime; The statute of limitations for prosecution has already expired; exempted from criminal law by amnesty order; Crimes that are handled only after a complaint is made in accordance with law, and the complaint is not made or the complaint is withdrawn; Where other provisions are provided for exemption from criminal punishment, the case may be withdrawn and released after being criminally detained.

Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 65: People's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances:

1) Where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently;

2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation would not cause social malpractice to be dangerous;

3) Women who suffer from serious illness, are unable to take care of themselves, are openly pregnant, or are breastfeeding their own infants, and taking release on guarantee pending further investigation will not cause danger to society;

4) Where 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.

Release on guarantee pending further investigation is to be enforced by the public security organs.

Criminal detention may be divided into several situations: withdrawal of the case, release, release on bail pending trial, or residential surveillance. Where the circumstances are obviously minor and the harm is not great, it is not considered a crime; The statute of limitations for prosecution has already expired; exempted from criminal law by amnesty order; Crimes that are handled only after a complaint is made in accordance with law, and the complaint is not made or the complaint is withdrawn; Where other provisions are provided for exemption from criminal punishment, the case may be withdrawn and released after being criminally detained.

1. Criteria for exemption from criminal punishment.

The conditions for exemption from criminal punishment are: 1. The circumstances are obviously minor and the harm is not great, and it is not considered a crime; 2. The statute of limitations for prosecution has already expired; 3. Those who have been exempted from punishment by a special amnesty order; 4. Crimes that are handled only after being told in accordance with the Criminal Law, and there is no complaint or withdrawal of the complaint; 5. The criminal suspect or defendant is deceased.

2. What is the difference between not pursuing criminal responsibility and exempting from punishment?

According to the provisions of the Criminal Procedure Law, there are the following circumstances in which criminal responsibility is not pursued: the circumstances are obviously minor and the harm is not great, and it is not considered a crime under the Criminal Law; The statute of limitations for prosecution has already expired; Those who have been exempted from punishment by a special amnesty order; Crimes that are handled only after a complaint is made in accordance with the Criminal Law, and the complaint is not made or the complaint is withdrawn. Cases that are handled only after a complaint is made are premised on the victim's complaint.

If the victim does not file a complaint or withdraw the complaint, there is no legal basis for pursuing such cases. The criminal suspect or defendant is deceased. Other laws provide for exemption from criminal responsibility.

Not pursuing criminal responsibility: The case is concluded because it is confirmed that there are no facts of the crime after the case is filed, or the circumstances of the crime are obviously minor and do not need to be pursued for criminal responsibility, or there are other circumstances in which criminal responsibility is not pursued in accordance with law.

Exemption from punishment: It is a disposition result that has occurred in the event of a criminal offense, but is made due to other statutory circumstances, such as the perpetrator is under the age of 14 or under the age of 16.

3. What are the conditions for immunity from prosecution in criminal proceedings.

The conditions for exemption from prosecution under the Criminal Procedure Law are as follows: 1. The circumstances of the conduct committed are obviously minor and the harm is not great, and it is not considered a crime. 2. The statute of limitations for prosecution has already expired;

3. Those who have been exempted from punishment by a special amnesty order; 4. In accordance with the provisions of the Criminal Law, it is a crime that is handled only after a complaint, and there is no complaint or withdrawal of the complaint. 5. The defendant is deceased.

6. Other laws and decrees provide for exemption from criminal punishment.

Article 65 of the Criminal Procedure Law of the People's Republic of China: People's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances:

1) Where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently;

2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation will not cause danger to society;

3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own babies, and taking release on guarantee pending further investigation will not cause danger to society;

4) Where 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.

Release on guarantee pending further investigation is to be enforced by the public security organs.

Criminal penalties do not require detention. Criminal punishment is a violation of the criminal law and should be punished by the criminal law, referred to as criminal punishment. According to the provisions of China's Criminal Law, criminal punishment consists of two parts: the principal punishment and the supplementary punishment.

The main penalties are: public surveillance, criminal detention, fixed-term imprisonment, life imprisonment and the death penalty. The additional punishment has a foot spike:

Fines, deprivation of political rights and confiscation of property.

[Legal basis].Article 33 of the Criminal Law of the People's Republic of China.

The main types of torture bends are as follows:

a) control; 2) Short-term detention;

3) fixed-term imprisonment;

4. Lack of divination) life imprisonment;

5) The death penalty. Article 34.

The types of supplementary penalties are as follows:

a) Fines; 2) deprivation of political rights;

3) Confiscation of property.