I have been detained in the detention center for 18 months, and now I will be handed over to the pro

First of all, according to Article 169 of the Criminal Procedure Law, the People's Procuratorate shall make a decision within one month on a case transferred for prosecution by the public security organ, and may extend the period by half a month for major or complicated cases.

In cases where the people's procuratorate reviews for prosecution and changes jurisdiction, the time limit for review for prosecution is calculated from the date on which the changed people's procuratorate receives the case.

According to article 171 of the Criminal Procedure Law, for cases of supplementary investigation, the supplementary investigation shall be completed within one month. Supplementary investigations are limited to two times. After the supplementary investigation is completed and transferred to the people's procuratorate, the people's procuratorate is to recalculate the time limit for review for prosecution.

Second, there are strict rules on the time for the procuratorate to initiate a public prosecution and the court to accept it. According to article 202 of the Criminal Procedure Law, a people's court hearing a public prosecution case shall announce the 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.

In cases where the people's court changes jurisdiction, the time limit for trial is calculated from the date on which the changed people's court receives the case.

In cases where the people's procuratorate is supplementing the investigation, after the supplementary investigation is completed and transferred to the people's court, the people's court is to recalculate the time limit for trial.

He was detained in a detention center for 18 months before being transferred to the procuratorate.

Explain whether the case is a big case or a complicated case.

It's hard to say when it will be judged, but in my experience, it will take at least half a year.

No, the sentence can only be imposed after the trial.

The procuratorate is responsible for the investigation and prosecution of cases that approve arrest and are directly accepted, and the court is responsible for trial.

Legal basis. Code of Criminal Procedure.

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.

If it is handed over to the procuratorate, the sentence will definitely be determined, and the court will have the final say on what sentence is imposed.

No, the investigation has been completed and submitted for review and prosecution.

The law limits the time for investigation, examination for prosecution, and trial by the public security, procuratorate, and legal and legal organs.

The period of criminal detention decided by the public security organs is generally 7 days, and may be extended by 30 days if the crime is committed in another place, so the maximum period of detention by the public security organs is not more than 37 days, and the procuratorate should request that the procuratorate approve the arrest, and the procuratorate shall make a decision on whether to approve it within 7 days. After approving the arrest, the public security organ shall conclude the investigation within 2 months, and if it cannot be concluded, apply to the procuratorate at a higher level for an extension of 1 month. In even more complex cases, an extension of 2 months may be granted upon approval by the provincial or directly governed municipality people's procuratorate.

There is no time limit for special cases to be extended after the Supreme Procuratorate reports to the Standing Committee of the National People's Congress for approval.

The time limit for the procuratorate to review the prosecution is one month, and it can be extended by half a month if it is complicated.

The court hears and concludes the case in one month, and the complicated case does not exceed one and a half months to the latest. In complex cases, an extension of one month may be granted upon approval by the High People's Court.

The time limit for the second instance is the same as that for the first instance.

Detention: Cases investigated by the public security organs: The period of detention is 14 days.

These 14 days include: Where it is found necessary to arrest a person who has been detained, he or she shall submit a request to the people's procuratorate for review and approval of arrest within three days of the detention. Under special circumstances, the time for submission for review and approval may be extended by one to four days.

The time limit for the people's procuratorate to review and approve the arrest is seven days. However, the law provides that the time for submitting a request for examination and approval may be extended to 30 days for major suspects who have committed crimes on the go, have committed crimes multiple times, or have committed crimes in groups. Cases of self-investigation by the procuratorate:

The period of detention is 14 days. Where it is deemed necessary to arrest a person in custody, a decision shall be made within 10 days. In exceptional circumstances, the time for deciding on an arrest may be extended by one to four days.

Arrest: The period of investigative detention after the arrest of a criminal suspect must 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.

For the following four types of cases: (1) major and complex cases in remote areas with very inconvenient transportation; (2) major criminal syndicate cases; (3) Major and complex cases in which crimes were committed on the go; (4) Major and complex cases in which the crime involves a wide range of areas and it is difficult to collect evidence. Where the investigation cannot be concluded at the completion of the time limit, an extension of two months may be granted upon approval or decision of the provincial-level people's procuratorate.

Where a criminal suspect might be sentenced to 10 years imprisonment or more, and the investigation cannot be concluded at the end of this period, it may be extended for another two months upon approval or decision of the provincial-level people's procuratorate. For particularly major and complicated cases, article 125 of the Criminal Procedure Law stipulates that for special reasons, it is not appropriate to transfer them for trial for a relatively long period of time, and the Supreme People's Procuratorate shall report to the Standing Committee of the National People's Congress for approval of an extension of review. In addition, there are three special circumstances regarding the time when the period of detention begins:

Where, during the investigation period, it is discovered that the criminal suspect has committed another important crime, the time limit is to be recalculated from the date of discovery; Where criminal suspects do not state their real names or addresses, and their identities are unclear, the period of investigation and detention is calculated from the date on which their identities are clarified, but the investigation and collection of evidence for their criminal conduct must not be stopped; The period for conducting a psychiatric evaluation of a criminal suspect is not included in the time limit for handling the case.

When you go to the detention center, the arrest has been approved, and there is no fixed time limit, so you have to urge the procuratorate to prosecute!

There is a limit on the length of detention.

In the case of detention, the maximum is 37 days.

If you have already been arrested, then you must start calculating the time limit for arrest, and the time limit for arrest is the time limit for the public security organs to investigate the case, which generally depends on the nature of the case. If it is too long, it will be approved by the superiors, and half a year is also possible.

After the public security organ transfers a case to the procuratorate, the procuratorate has to examine and prosecute the case within one month, and it itself can also detain the offender in a detention center for one month before he can go to the court.

The detention center only detains criminal suspects according to the documents of the public security organs, and he himself is a place where people are detained, and he does not have much authority.

That is to say, if the case has to go to the court, the suspect can generally be detained for at least 37 days + 2 months + 1 month of days, of course, if they work neatly and the facts of the case are simpler, it may be faster, but this date is not overdue.

According to the provisions of the Criminal Procedure Law, in cases where the public security organs' investigation has been concluded, 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. Therefore, after a series of investigative activities in a case, if the public security organs find that the facts of the case are clear, the evidence has been determined and sufficient, and that the suspect can be determined to have committed a crime in accordance with the provisions of law, and that it is necessary to pursue criminal responsibility, it shall decide to terminate the investigation of the case and transfer it to the people's procuratorate for review and prosecution. In cases where criminal responsibility needs to be pursued and the investigation has already been concluded, the public security organs must ensure that the basic facts are clear, the evidence is credible and sufficient, and meet the basic requirements for prosecution, and write a written opinion for prosecution, and send it to the people's procuratorate at the same level for review and decision, together with the case file materials and evidence.

The prosecution opinion shall clearly state the crime and the legal provisions on which it is based; "Case file materials and evidence" mainly include materials on reports, exposures, and accusations, interrogation records, interrogation records, inquest and inspection records, appraisal conclusions, and physical evidence, documentary evidence, audio-visual materials, and so forth.

How long it will take depends on the Public Security Bureau.

If the victim's forgiveness is obtained, a suspended sentence may be imposed.

should be copied in prison.

Criminal Procedure Law of the People's Republic of China

Article 253:When convicts are transferred for enforcement of criminal punishments, the people's court that transferred them 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.

If the time of detention is excluded, the remaining sentence is less than six months to be served in the detention center.

Six months to three years can theoretically be seen to serve a sentence in the detention center (your situation may be quite large), to see if the number of prisoners in the detention center is very full.

In fact, the conditions in prison are not worse than those in detention centers, but the labor may be more tiring than those in detention centers, and the visits may be farther away.

Let's find a relationship, the best meaning, meaning.

If you are not sentenced, you will not be sent to prison.

Lawyer Li Renshang.

No, they will not be sent to prison for less than a year, and they will stay in the detention center until they are released.

The duration of the sentence shall be counted from the day of detention, and each day of detention shall be reduced by one day of the sentence.

Legal basis: Article 41 of the Criminal Law of the People's Republic of China, the term of controlled imprisonment is calculated from the date of enforcement of the judgment; Where a person is taken into custody before the judgment is enforced, the sentence is to be reduced by 2 days for each day of detention.

Article 44 of the Criminal Law of the People's Republic of China, the term of short-term detention is calculated from the date of enforcement of the judgment; Where a person is taken into custody before the judgment is enforced, the sentence is to be reduced by one day for each day of detention.

Article 47 of the Criminal Law of the People's Republic of China, the term of fixed-term imprisonment shall be calculated from the date of enforcement of the judgment; Where a person is taken into custody before the judgment is enforced, the sentence is to be reduced by one day for each day of detention.

Summary. Where convicts have already been detained in a detention center and the remaining sentence is within one month after the sentence is announced, the detention center is to enforce the remaining sentence on their behalf, and where the remaining sentence is more than one month, the detention center is to send them to the prison for enforcement.

Will the detainees be transferred to prison after being sentenced to 15 months in prison and nine months in a detention center?

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Where the convict has already been detained in a detention center, and the remaining sentence is taken within one month after the verdict is announced, the detention center is to enforce the remaining sentence on their behalf, and where the remaining sentence is more than one month, the detention center is to send them to the prison for enforcement.

What if you don't want to go to jail?

Just know the law and abide by the law, you must obey the arrangement, and do not touch the bottom line of the law.

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Where the remaining sentence is less than 3 months, the detention center is to enforce it on their behalf. Those who have more than 3 months remaining in their sentence must be sent to prison to serve their sentence.

Dear, do you still have questions?

Okay, thank you, you don't have to go to jail with three months to spare.

Yes. Dear, do you still have questions?