What should be the maximum number of days of detention? The maximum number of days of detention

Criminal detention is part of the investigative phase and lasts for up to 37 days. After the expiration of the period, the relevant authorities will decide what kind of coercive measures to take according to the circumstances, such as arrest, release on bail pending further investigation, residential surveillance, etc. After criminal detention, if the public security organs find that it is necessary to arrest the detained person, they shall request that the people's procuratorate review and approve it within 3 days of the detention.

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 the criminal suspect 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 163 of the Criminal Procedure Law provides:

In cases directly accepted by the people's procuratorate, where the circumstances provided for in items 4 and 5 of article 79 or 80 of this Law are met, and it is necessary to arrest or detain a criminal suspect, the people's procuratorate is to make a decision and the public security organs are to enforce it. Legal basis: Article 163 of the Criminal Procedure Law of the People's Republic of China Where the People's Procuratorate directly accepts a case that meets the requirements of Article 79 and Article 80, Items 4 and 5 of this Law, and it is necessary to arrest or detain a criminal suspect, the People's Procuratorate shall make a decision and the public security organ shall enforce it.

The maximum period of criminal detention is 37 days (including 7 days for the procuratorate to review and approve the arrest).

Administrative detention (including judicial detention) is limited to a maximum of 15 days.

Criminal detention can be extended up to 37 days, generally up to 15 days.

Detention for up to 37 days, as follows:

1. The general period of criminal detention is 14 days, counting from the time of entry into the detention center. Within 14 days, the investigating organ shall report to the procuratorate for approval of the arrest, of which the time approved by the procuratorate shall be 7 days, including 14 days, and if approved, the arrest shall be made, otherwise the compulsory measures shall be released or modified;

2. The extended period of criminal detention is 37 days, of which 7 days shall be approved by the procuratorate, and within this period, the investigating organ shall report to the procuratorate for approval of the arrest, and if approved, the arrest shall be made, otherwise the compulsory measures shall be released or modified.

What is the object of criminal detention?

Criminal detention applies to the following subjects:

1. Those who are preparing to commit a crime, committing a crime, or being discovered in a timely manner after committing a crime;

2. The victim or a person who witnessed it at the scene identified him as having committed the crime;

3. Evidence of a crime is found in the vicinity or residence;

4. Attempting suicide, escaping, or being on the run after committing a crime;

5. There is a possibility of destroying or fabricating evidence or colluding confessions;

6. Not telling the real name, address, or identity is unknown;

7. There is a major suspicion of committing a crime on the go, committing a crime multiple times, or committing a crime in a group.

[Legal basis].Article 91 of the Criminal Procedure Law of the People's Republic of China.

Time Limit for Requesting Approval of Arrest and Review for Approval of Arrest] Where the public security organs find it necessary to arrest a person who has been detained, 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.

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 approve arrest within 7 days of receiving a request from the public security organ for approval of arrest. Where the people's procuratorate does not approve the arrest, the public security organs shall immediately release them after receiving the notice, and promptly notify the people's procuratorate of the situation in the execution and state. 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.