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The 95-day detention in criminal cases still meets the statutory limit of detention. The period of detention of a criminal suspect specifically includes the period of criminal detention and approval of arrest and investigation by the public security organs, the time limit for the procuratorate to initiate a public prosecution, and the time limit for the people's court to hear and make a judgment. The specific provisions are as follows:
1) Criminal detention and approval of arrest: Article 89 of the Criminal Procedure Law: "If the public security organ deems 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.
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 organ.
2) Investigation stage: Article 154 of the Criminal Procedure Law: "The period of investigation and detention after the arrest of a criminal suspect shall not exceed two months. In cases where the circumstances of the case are complicated and cannot be concluded at the end of the time limit, an extension of one month may have already been approved by the people's procuratorate at the level above. ”
3) Review for prosecution stage: 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 it by half a month for major and complicated cases." ”
4) Court trial stage: Article 202 of the Criminal Procedure Law: "The people's court hearing a public prosecution case shall pronounce the verdict within two months after 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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Be patient if your own family members are criminally detained.
First of all, hire a lawyer, 95 days should go to the procuratorate, and the crime is almost determined.
If you ask a lawyer, you can look at the file and see what happened and what the process was.
And whether you want to be active or something, the detention center will give you some money and clothes if the family is financially poor.
Then be patient and wait for the court to decide.
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1.The maximum period for transferring from criminal detention to arrest is 37 days. The maximum period of detention is 30 days, during which the public security organs must report the case materials to the procuratorate and decide whether to arrest them, and the procuratorate has seven days to decide whether to arrest them, adding up to a total of 37 days.
2. After arrest, it is generally within 2 months before it is sent to the procuratorate for review and prosecution (with specific circumstances, the maximum period can reach 7 months), and in the review and prosecution stage, if the procuratorate decides not to prosecute, the criminal suspect will be released immediately if he is detained. Extended Information: Section 10 of the Criminal Procedure Law of the People's Republic of China: Conclusion of Investigation: Article 156: 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.
Article 158:In the following cases, where the investigation cannot be concluded at the completion of the time period provided for in article 156 of this Law, it may be extended for two months upon approval or decision of the provincial, autonomous region, or directly governed municipality people's procuratorate: Article 163: Where, during the course of investigation, it is discovered that the criminal suspect should not be pursued for criminal responsibility, the case shall be withdrawn; Where a criminal suspect has already been arrested, he shall be immediately released, a certificate of release shall be issued, and the people's procuratorate that originally approved the arrest shall be notified.
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After 90 days, a criminal case should be in the prosecution stage, that is, the investigation stage of the procuratorate. The maximum period of criminal detention by the police is 30 days, which must be reported to the procuratorate for arrest, and the prosecution must make a decision on whether to arrest or not within seven days. Since it has been 90 days, the arrest has been approved, and it is time for the procuratorate to prepare for prosecution.
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According to the provisions of the Criminal Procedure Law, the maximum period of criminal detention is 30 days, and the procuratorate examines and approves the arrest for 7 days. Therefore, the case may now be sent to the procuratorate for review, and you can go to the prosecution department of the procuratorate for questioning.
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Generally, criminal cases can reach the court within 90 days, and the court should be investigating.
In accordance with the provisions of article 264 of the Criminal Law: "Whoever steals public or private property, where the amount is relatively large or has been stolen multiple times, is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property; In any of the following circumstances, a sentence of life imprisonment or death is to be given, and confiscation of property is to be given: (1) theft of financial institutions, where the amount is especially huge; (2) Theft of precious cultural relics, where the circumstances are serious. >>>More
Specific procedural provisions on the handling of criminal cases by public security organs: >>>More
If a criminal judgment that has already taken effect is truly in error, a retrial may be initiated and the sentence changed through the trial supervision procedure.
People's Procuratorate.
According to the Criminal Procedure Law of the People's Republic of China >>>More
Criminal cases refer to cases in which a criminal suspect or defendant is accused of violating social relations protected by the Criminal Law, and the state files a case for investigation, trial, and imposes criminal sanctions (such as fixed-term imprisonment, death penalty, deprivation of political rights, etc.) in order to pursue the criminal responsibility of the criminal suspect or defendant. Civil cases are litigation arising from disputes between citizens, legal persons, and citizens and legal persons who are equal subjects, mainly referring to cases related to property rights and interests, but also including personal cases such as marriage and family. Such as breach of contract, divorce, property inheritance, personal injury, etc. >>>More