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The public security organs are responsible for investigating and handling cases of detainees in detention centers, and when their investigation is completed, they are submitted to the procuratorate for review and prosecution, and if they want to know the progress of the case, they may hire a lawyer to intervene in the case. Criminal suspects detained in detention centers must wait for the verdict before the characterization of the case and the responsibilities of the relevant persons can be clarified, and the detainees will also have further whereabouts. The detention period in the detention center is just a process of waiting.
The time of the detention center detainees is uncertain, and the facts of the case are clear and the main culprits are present.
When a criminal suspect is detained in a detention center, the detention center where the crime occurred is generally responsible for detaining him, which is the principle of territorial jurisdiction in the judicial system. However, due to management needs, detention centers do not detain suspects in the same room, so the charges against detainees in each room are not uniform. When a detention center takes a criminal suspect into custody, it will require the case-handling organ to issue a physical examination report and relevant legal documents for the person made by an authoritative medical institution, and if the requirements for admission are not met, they will not be taken into custody, and the case-handling organ is responsible for modifying the compulsory measures.
Where detainees in detention centers handle release on guarantee pending further investigation, they must provide a guarantee deposit and guarantor, and submit an application to the case-handling organ to wait for their review. Where a detainee in a detention center is released on bail pending further investigation, they must live in an area designated by the public security organs, and be summoned with them, otherwise they will be deemed to have escaped, and their release on guarantee may be immediately terminated, the security deposit may be fined, and the guarantor may be held accountable. The files of detainees released from detention centers are in the hands of the public security organs, and they are kept on file for future reference, but this does not affect their future lives.
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Under normal circumstances, the public security organs shall send the convict to prison to enforce the punishment within one month of receiving the enforcement notice or judgment. If the remaining sentence of the convict is less than three months before being transferred to the hood to serve the sentence, the detention center may enforce it on his behalf.
[Legal basis].Article 15 of the Prison Law of the People's Republic of China.
People's courts shall send a notice of enforcement or judgment to the public security organ where the convict is detained, and the public security organ shall send the convict to prison to enforce the sentence within one month of receiving the enforcement notice or judgment.
Where the remaining sentence of the convict is less than three months before they are transferred for enforcement, the detention center is to enforce it on their behalf.
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Legal Analysis: The detention period for arrest is longer, which may be the longer of the entire criminal proceedings. The period of detention is generally 10 days, but may be extended to 14 days in special circumstances, and may be extended to 37 days for criminal suspects who have committed crimes on the go, committed crimes multiple times, or committed crimes in groups.
Legal basis: "Criminal Law of the People's Republic of China" Article 69: Where a person has committed multiple crimes before the judgment is announced, in addition to the death penalty or life imprisonment, the sentence to be enforced shall be determined at the discretion of the sentence below the total sentence and above the maximum sentence in the several, but the maximum period of controlled release must not exceed three years, the maximum short-term detention must not exceed one year, the maximum sentence of fixed-term imprisonment shall not exceed 20 years where the total sentence is less than 35 years, and the maximum sentence shall not exceed 25 years if the total sentence is more than 35 years. Where a sentence of fixed-term imprisonment or short-term detention is to be given in several crimes, the fixed-term imprisonment is to be enforced.
Where a sentence of fixed-term imprisonment or controlled release is given for several crimes, or short-term detention or controlled release, the controlled release must still be enforced after the completion of the fixed-term imprisonment or short-term detention. Where there are several crimes where a supplementary sentence is given, the supplementary punishment must still be enforced, and where the type of supplementary punishment is the same, it is to be enforced together, and where the types are different, it is to be enforced separately.
Criminal Fraud and Malpractice Procedure Law of the People's Republic of China" Article 79: People's courts, people's procuratorates, and public security organs must not release criminal suspects or defendants on guarantee pending further investigation for a maximum of 12 months, and residential surveillance must not exceed a maximum of 6 months. During the period of release on guarantee pending further investigation or residential surveillance, the investigation, prosecution, and trial of the case must not be interrupted. Where it is discovered that criminal responsibility should not be pursued or that the period for release on guarantee pending further investigation or residential surveillance has expired, release on guarantee pending further investigation or residential surveillance shall be promptly lifted.
Where release on guarantee pending further investigation or residential surveillance is lifted, the person released on guarantee pending further investigation or residential surveillance and the relevant units shall be promptly notified.
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How long is criminal detention.
Generally, it takes about 3 months.
How long the offender was detained before sentencing.
Generally, the 37-day detention period can determine whether the arrest will be approved, and if the arrest is approved, it will basically be prosecuted.
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The people's court that transferred the judgment 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 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.
With reference to article 264 of the Criminal Procedure Law of the People's Republic of China, 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 transferred for enforcement, 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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The entire process from criminal detention to sentencing generally takes more than five months.
Article 89 of the Criminal Procedure Law stipulates that if a public security organ finds it necessary to arrest a detained person, it shall, within three days of the detention, submit it to the people's procuratorate for examination and approval. 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.
Article 154 of the Criminal Procedure Law 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.
Article 169 of the Criminal Procedure Law stipulates that the people's procuratorate shall make a decision within one month on a case transferred for prosecution by a public security organ, and may extend the period by half a month in major or complicated cases.
Article 202 of the Criminal Procedure Law stipulates that a people's court hearing a public prosecution case shall pronounce a verdict within two months of accepting the case, and shall not exceed three months at the latest. In cases where the death penalty might be given or in cases with attached civil litigation, as well as in any of the circumstances provided for in article 156 of this Law, an extension of three months may be granted upon approval by the people's court at the level above; Where an extension is necessary due to special circumstances, it shall be reported to the Supreme People's Court for approval.
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Criminal cases are subject to ordinary procedures, and it generally takes about six months from criminal detention to the people's court's sentencing. If it is a major criminal case, or a civil lawsuit attached to a criminal case, the time limit may be extended in accordance with law.
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Guangzhou criminal defense lawyer Guan Dongping:
From detention to four months, it has been about five to six months since the verdict was handed down.
Now he is being held in the detention center of Quan **, and the family detention notice has not been entrusted for him, and the lawyer can in the investigation stage
1) Learn from the public security organs about the criminal suspect's alleged crimes and the circumstances of the case, and submit opinions;
2) Meeting and corresponding, and learning about the circumstances of the case from the criminal suspect;
3) Providing legal assistance, appeals, and accusations to criminal suspects;
4) Applying for a modification of compulsory measures for the criminal suspect (release on guarantee pending further investigation).
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The sentence will be transferred to the prison after 10 days of enforcement notice, but due to the short sentence, the detention center will make a decision to stay in the prison for enforcement according to the specific circumstances.
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There is still half a year left, and you should be able to stay in the place to serve Xing.
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After the verdict takes effect, the remaining sentence will not exceed one year before being left in the detention center.
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He will stay in the detention center to serve the remainder of his sentence.
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Generally speaking, it takes about five or six months, but it will take longer for major, special and complex cases, and the procedure may be repetitive.
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The maximum period from criminal detention to sentencing may be more than one and a half years. The months in which the case is simple and the months that are slightly more complicated mainly depend on the facts of the case.
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Up to 3 months for the simplified procedure and up to 6 months for the normal procedure! The trial time limit can be extended after approval!
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How long does it take for criminal cases handled by the detention center to reach the Public Prosecution Section.
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