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Answer: If the public security organ finds that it is 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 1 to 4 days.
For major suspects who commit crimes on the go, commit crimes multiple times, or commit 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.
Thus, the maximum period of criminal detention is 30 days, and the maximum period of detention of a detainee at the public security organs is 37 days.
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The public security organs shall interrogate the detained person within 24 hours of detention. When it is found that detention should not be done, the person must be released immediately and a certificate of release must be issued. Where arrest is necessary and the evidence is insufficient, they may be released on guarantee pending further investigation or placed under residential surveillance.
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In accordance with the Regulations on the Administration of Public Security Penalties and the Criminal Procedure Law, the maximum period of public security detention is 15 days, the maximum period of criminal detention in ordinary criminal cases is 14 days, and the maximum period of detention for major suspects who have committed crimes on the go, committed multiple crimes, or committed crimes in groups is 37 days.
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How after this time, is that the deadline has passed. Judgment training
The time limit set on the penalty decision is exceeded. Those who are sentenced to administrative detention will receive an administrative punishment decision, which will state that "the punished person shall go to a certain detention center to serve his detention within a certain day (normally 15 days) from the date of receipt of this decision".
The period of detention is not counted as if the person being detained goes to the detention facility to serve his or her detention within the last day of the specified period. How after this time, is the expiration of the time limit. Although the time limit has passed, the detention will not be revoked, and the punishment unit will make a new punishment decision, and the person who has been detained will go to the detention center to serve his detention.
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Legal Analysis: In general, the maximum period of criminal detention is 37 days. Because the public security organs recognize the detained person as needing to be arrested, they 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. However, for major suspects who have committed crimes on the go, committed crimes repeatedly, or committed crimes in groups, the time period for submitting a request for examination and approval may be extended to 30 days.
Legal basis: Criminal Procedure Law of the People's Republic of China: Article 119 A criminal suspect who does not need to be arrested or detained may be summoned to a designated location in the city or county where the criminal suspect is located or to his residence for interrogation, but the people's procuratorate or public security organ's supporting documents shall be presented. Criminal suspects discovered at the scene may be summoned orally upon presentation of their work identification, but this shall be noted in the interrogation record.
The duration of the summons or custodial summons must not exceed 12 hours; Where the circumstances of the case are especially major or complex, and it is necessary to employ measures of detention or arrest, the duration of the summons or custodial summons must not exceed 24 hours.
Criminal suspects must not be covertly detained in the form of continuous summons or custodial summonses. When summoning or custodial summonsing a criminal suspect, the suspect shall be guaranteed food and necessary rest time.
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Legal analysis: The maximum administrative detention is 15 days, the maximum combined punishment is not more than 20 days, and the maximum criminal detention is 37 days. The Civil Division sentenced the law to detain Feng Dou for up to 15 days.
Administrative detention: Where there are two or more violations of the administration of public security, separate decisions are to be made and enforcement is combined. Where administrative detention punishments are to be combined, the longest is not to exceed 20 days.
Legal basis: Article 115 of the Civil Procedure Law of the People's Republic of China The amount of fines imposed on individuals is less than RMB 100,000. The amount of the fine imposed on the unit shall be between RMB 50,000 and RMB 1,000,000.
The period of detention for demolition and reform is not more than 15 days. Detained persons are to be handed over by the people's courts to the custody of the public security organs. During the period of detention, if the detainee admits and corrects his mistake, the people's court may decide to release him from detention in advance.
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