Now in detention and has not yet been sentenced, when should I seek justice

There are generally two types of detention: administrative detention and criminal detention, with the maximum duration of administrative detention being 15 days and the maximum period of criminal detention being 37 days. In the case of criminal detention, the suspect's family will need to hire a lawyer, and the sooner the better.

Administrative detention is an important and common administrative punishment, which refers to an administrative punishment in which a statutory administrative organ (specifically referring to a public security organ) restricts the personal freedom of a person who violates the norms of administrative law in accordance with the law for a short period of time. Administrative detention is the most severe form of administrative punishment, which is usually applied to situations where serious violations of the administration of public security do not constitute a crime, and warnings and fines are not sufficient punishments. Therefore, the law has strict provisions on the conditions and procedures for its establishment and implementation.

The power to adjudicate administrative detention belongs to the public security organs at or above the county level; The time limit is generally less than 10 days, and the heavier ones are not more than 15 days; After the administrative detention decision is announced, during the period of application for reconsideration and administrative litigation, the punished person and his relatives find a guarantor or pay a guarantee deposit in accordance with regulations, they may apply to the administrative entity to suspend the enforcement of administrative detention. Because of the short duration of administrative detention, it is generally not necessary to hire a lawyer.

For criminal detention decided and carried out by the public security organs in accordance with law, the period of detention is the sum of the time that the public security organ submits to the people's procuratorate for approval of arrest and the time that the people's procuratorate examines and approves the arrest, as provided for by law.

If you want to hire a lawyer, it is recommended that you get it as soon as possible.

First, a lawyer can meet with you to learn more about your claims and help your family understand your situation.

Secondly, it can help you deal with case-related matters more effectively, such as compensation, forgiveness, settlement, application for bail pending trial, application for non-prosecution, and seeking probation.

After all, there is a saying "let professional people do professional things".

Legal Analysis: Case-by-case. If there is no sufficient and credible evidence, of course, a sentence cannot be imposed. Failure to detain does not mean that there is no need to bear criminal responsibility in the future, and if it is determined that he has relevant criminal responsibility to bear after the investigation, the person will be re-detained.

The law is based on good evidence: kipi lead.

Criminal Procedure Law of the People's Republic of China》 Article 55: In all cases, the sentencing of all cases must be based on evidence, investigation and research, and confessions must not be easily believed. Where there is only the defendant's confession and there is no other evidence, the defendant cannot be found guilty and punished; Where there is no confession from the defendant and the evidence is credible and sufficient, the defendant may be found guilty and given a punishment.

The evidence is credible and sufficient, and shall meet the following requirements:

1) The facts of conviction and sentencing are all supported by evidence;

2) The evidence on which the verdict is based has been verified to be true through legally-prescribed procedures;

3) Summarizing all the evidence in the case, reasonable doubt has been eliminated as to the facts ascertained.

The following explanation is given for you as to how long your question is criminally detained:

1) In the investigation stage of the public security organs, detention is divided into two forms: detention and arrest.

1.Duration of criminal detention.

Generally not more than 10 days, and no more than 14 days for major and complicated cases, for major suspects who commit crimes on the go, commit crimes multiple times, or commit crimes in groups.

The maximum period of detention is 37 days. (Article 69 of the Criminal Procedure Law) The legal consequence is that "one day of detention in advance may be deducted from one day of the sentence." ”2.The length of detention for the arrest.

The period of investigative detention after the arrest of a criminal suspect must not exceed two months. Cases where the facts of the case are complicated and cannot be concluded at the completion of the time limit may be approved.

1) Major and complex cases in remote areas with very inconvenient transportation;

major criminal syndicate cases;

3) Major and complex cases of wandering crimes;

4) Major and complex cases involving a wide range of crimes and difficulties in obtaining evidence. Period.

Where the investigation cannot be concluded at the completion of the time limit, it may be extended for another two months upon approval or decision of the provincial-level people's procuratorate. The suspect may be sentenced to ten.

Where the punishment is one year or more imprisonment, and the investigation cannot be concluded at the end of this period, it may be extended for two more cases upon approval or decision of the provincial-level people's procuratorate.

Month. Article 125 of the Criminal Procedure Law stipulates that it is not appropriate to bring cases 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 review.

Your worst-case scenario is very long, 2 months + 1 month + 2 months + 2 months + postponement review = 7 months + postponement review.

2) The procuratorate's review for prosecution stage.

The period of detention at the prosecution review stage is one month. For major and complicated cases, the bridge can be extended for half a month. Change of jurisdiction, from the changed after.

The time limit is recalculated from the date on which the people's procuratorate receives the case; Article 140 of the Criminal Procedure Law stipulates that the people's procuratorate shall examine a case as necessary.

Where the investigation is supplemented, it may be returned to the public security organs for supplemental investigation, or it may be investigated on its own. In cases of supplemental investigation, it shall be supplemented within one month.

Charge detection completed. Supplemental investigation is limited to two times, and cannot exceed two times. After the supplementary investigation is completed and transferred to the people's procuratorate, the people's procuratorate is to recount.

Calculate the time limit for review and prosecution.

3) The trial phase of the court.

In the first instance, the period of detention is one month, and must not exceed one and a half months at the latest. The four types of cases may be approved or decided upon by the High People's Court.

Extend it for another month; In cases where jurisdiction is changed, the time limit is to be recalculated from the date on which the changed people's court receives the case; Supplementary investigation by the People's Procuratorate.

In cases under investigation, the time limit is to be recalculated after the supplementary investigation is completed (the time limit is within one month) and transferred to the people's court.

In the second-instance trial stage, the period of detention is one month, and Lu Jianfeng must not exceed one and a half months at the latest. The four types of cases may be approved or decided upon by the High People's Court.

Extend it for another month; However, the Supreme People's Court shall make decisions on appeals and prosecutorial counter-appeals accepted by the Supreme People's Court.

If the handling of the relevant situation is unclear, a lawyer can be consulted to define it.

Legal analysis: up to 37 days of criminal detention. There are different laws and regulations on how long a criminal suspect can stay in a detention center at different stages, and theoretically, with the approval of the National People's Congress, there is no time limit, but at present, there is no precedent.

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 detained person, it shall submit it to the people's procuratorate for review and approval within three days of detention. In special circumstances, the time for submission for review and approval can be extended by one to four days.

For major suspects who have committed crimes on the go, committed crimes multiple times, or committed crimes in groups, the time period for submitting a request for review and approval may be extended to 10 days in the Sanyuan Dynasty. 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 immediately release them after receiving the notice of the blind shed, 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.