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Entering a detention center does not necessarily mean that a citizen can be convicted, and according to the law, a citizen cannot be convicted without a judgment by a people's court. Before the effective judgment of the court is rendered, the detention center is the organ that detains criminal suspects who have been arrested or criminally detained in accordance with the law. If, after investigation in accordance with law, the public security organs may rule out a suspected crime or find that the evidence that the criminal suspect has committed a crime is obviously insufficient, they will withdraw the case and will not convict them.
During the procuratorate's review for prosecution stage, if the procuratorate does not prosecute and exempts the criminal suspect from criminal punishment, there is no need to convict. The procuratorate initiates a public prosecution, and after the trial by the court, if it is finally determined that the defendant does not constitute a crime, it will not be convicted. Therefore, there is no necessary relationship between a criminal suspect's admission to a detention center and his conviction, but if a criminal suspect has already been sent to a detention center, it means that he is inevitably suspected of committing a crime, and it is recommended that family members pay attention to it and promptly retain a professional criminal defense lawyer to provide him with legal assistance.
Legal basis: Article 12 of the Criminal Procedure Law of the People's Republic of China: No one may be found guilty without a judgment made by a people's court in accordance with law.
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Hello, the ordinary case is three to six months, and generally within one year, and it is difficult to say that the case is complicated.
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It's considered a voluntary surrender. But it's hard to say how long it will take for the verdict to come down. Because a lot of things need evidence to prove.
Implementing evidence is a cumbersome task. However, the time spent in detention will be deducted from the sentence in the future. In other words, one day of the sentence is deducted from the period of detention.
Be patient and wait for the results.
As for the number of years, it needs to be decided according to the number and amount of robberies. Generally, if it is more than four times, it should be about seven years.
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Legal Analysis: Five or six months in a detention center before a sentence is imposed. China's law is relatively cautious about the sentencing process.
During the detention center, both the case of the person being treated and the criminal suspect will go through more procedures. At the very beginning, it is necessary to know the truth, know the cause, process, and result of the incident, and the main responsible agency for these things is the public security organs. They go to investigate, it will definitely take time to solve the case, and it can generally be completed within 2 months, but the ability is really limited, or it involves too much, and it can be reported to the superiors according to the situation, so that there is more time to find out the truth.
Once the truth of the incident is known, it can be examined and prosecuted, and this needs to be handed over to the procuratorate. The time is generally one month, and they mainly reconfirm the truth of the facts, make a summary of the people who need to be responsible for the incident, and distinguish who are the victims and who are the people who caused the harm, that is, the criminals. This is the same as checking the homework, check it again, check it again, of course, for the two organs, it is sure that Feng Sakura is not a one-time thing, but a repeated review, because it is related to the fate of one or more people.
Once the situation is clear, and the extent of the offense is known, it is necessary for the people's court to make a judgment. The duration is 1 month to 2 months. Some people will feel that the time for adjudication or prosecution is too long, and there are many incidents every day, and it is impossible to prosecute only one person in a month, but things have priorities, and three months is the deadline, that is, the case will be closed in three months at the latest.
The total time of these three processes is about five or six months.
Legal basis: Criminal Procedure Law of the People's Republic of China
Article 89: Where public security organs find that it is necessary to arrest a person in custody, they shall request that the people's procuratorate review and approve it within 3 days of taking him into custody. 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.
Article 154: The period of investigative detention after arrest of a criminal suspect must not exceed 2 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 155:In particularly major and complicated cases that are not suitable for trial for a longer period of time due to special reasons, the Supreme People's Procuratorate shall report to the Standing Committee of the National People's Congress for approval of an extension of trial.
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Legal Analysis: According to the provisions of China's Criminal Procedure Law, the procedures to be followed from detention to judgment after being detained in a detention center include investigation by the investigating organ, transfer of the case to the procuratorate, initiation of a public prosecution by the procuratorate, and judgment by the people's court. Detention centers are the main places where criminal suspects are detained in our country, and after criminal suspects are placed under criminal detention or arrested, they will be transferred to the detention center for detention, and the procuratorate will conduct a trial after initiating a public prosecution.
Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 162: In cases where the public security organs have concluded their investigation, the facts of the crime shall be clear, the evidence credible and sufficient, and a written opinion for prosecution shall be written, and the case file materials and evidence shall be transferred to the people's procuratorate at the same level for review and decision; At the same time, inform the criminal suspect and his lawyer of the transfer of the case. Where criminal suspects voluntarily admit guilt, it shall be recorded in the case file, and sent along with the case, and the relevant circumstances shall be noted in the prosecution opinion.
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