What is the duration of criminal detention

1. After a criminal suspect is detained, the public security organs should generally request the procuratorate to approve the arrest within 3 days, which may be extended by 1-4 days in special circumstances, and may be extended to 30 days for major suspects who have committed crimes on the go, committed crimes multiple times, or committed crimes in groups;

2. The people's procuratorate shall make a decision on whether to approve arrest within 7 days of receiving a written request for approval of arrest from the public security organ;

3. After arrest, the investigation shall be completed within 2 months, and a review for prosecution shall be initiated; In cases where the case is complex and cannot be concluded at the end of the time limit, an extension of 1 month may be granted upon the approval of the people's procuratorate at the level above; For major and complex cases in remote areas where transportation is very inconvenient, major criminal syndicate cases, major and complex cases of wandering crimes, and major and complex cases involving a wide range of crimes and difficulty in collecting evidence, an extension of another 2 months may be granted with the approval of the provincial, autonomous region, or directly governed municipality procuratorate; Where a criminal suspect might be sentenced to 10 years imprisonment or more, it may be extended for another 2 months with the approval of the provincial, autonomous region, or directly governed municipality procuratorate;

4. Where the criminal suspect does not tell his or her real name or address, and his identity is unknown, the period of investigation and detention is calculated from the date on which his identity is clarified;

5. Where during the investigation period, it is discovered that the criminal suspect has committed another important crime, the period of investigation and detention is to be recalculated from the date of discovery;

6. The procuratorate shall make a decision on whether to initiate a public prosecution within one month of a case transferred for prosecution by a public security organ, and may extend it by half a month for major and complicated cases (Note: During this period, for cases that require supplementary investigation, it is limited to two times, and each time must not exceed one month, and the period for supplementary investigation is not counted in the time limit for review for prosecution), and each time the public security organ transfers a case returned for supplementary investigation for review for prosecution, the time limit for review for prosecution may be extended by half a month;

7. The court of first instance shall generally pronounce the judgment within one month after accepting the public prosecution case, and not more than one and a half months at the latest; For major and complex cases in remote areas where transportation is very inconvenient, major criminal syndicate cases, major and complex cases of wandering crimes, and major and complex cases involving a wide range of crimes and difficulty in collecting evidence, an extension may be granted for another 1 month with the approval of the provincial, autonomous region, or directly governed municipality court (Note: During this period, the period for supplementary investigation is not counted if supplementary investigation is required);

8. Within 10 days of the judgment being announced, the defendant may file an appeal, and the procuratorate may raise a prosecutorial counter-appeal (Note: If the victim is dissatisfied with the first-instance judgment, he has the right to request the procuratorate to raise a prosecutorial counter-appeal within 5 days of receiving the judgment, and the procuratorate shall make a decision on whether to raise a prosecutorial counter-appeal within 5 days of receiving the victim's request);

China stipulates that there are two types of criminal time limits: general time limit and extended time limit, as follows:

1.The general period of criminal detention is 14 days, usually from the time of admission to the detention center. Within 14 days, the organ shall report to the procuratorate for approval, of which the procuratorate's approval time is 7 days, including 14 days, if approved, arrest, otherwise release or change.

2.The extended period of criminal detention is 37 days, of which 7 days are approved by the procuratorate, during which the investigating organ reports to the procuratorate for approval of the arrest, and if approved, the arrest is made, otherwise the coercive measures are released or modified.

1. What are the procedures for criminal detention.

1. Decision to detain.

Where a public security organ needs to detain a criminal suspect in accordance with law, the unit undertaking the detention is to fill out a "Report on Petition for Detention", and the responsible person at the public security organ at or above the county level is to approve it, and issue a "Rolling Detention Certificate", and then the unit requesting approval for detention is responsible for enforcement.

In cases where the people's procuratorate decides to detain, the case-handling personnel shall submit an opinion, the responsible person for the department shall review it, and the chief procurator shall make a decision. In cases where a decision is made to detain, the people's procuratorate shall send a written decision to detain.

2. Enforcement of detention.

When the head of the public security organ is in charge of detention, the detainee must present the detention warrant and order the detainee to sign and fingerprint the detention warrant. If the detainee resists detention, the executive has the right to use coercive methods, including the use of restraints. After detention, the organ that made the decision on detention shall, within 24 hours, notify the detainee's family or his work unit of the reason for detention and the place of detention, except in circumstances where the investigation is obstructed or notification is not possible.

When public security organs carry out detention in a different location, they shall notify the public security organ for the detainee's location, and the public security organ for the detainee's location shall cooperate.

3. Duration of detention.

According to Article 91 of the Criminal Procedure Law of the People's Republic of China, if 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. 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 the first 10 days of the three. 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, 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.