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Anonymous users2024-02-13Legal Analysis: More than 2 months in the detention center belongs to the procuratorial stage.
Legal basis: Criminal Procedure Law of the People's Republic of China
Article 156: The period of investigative detention after arrest of a criminal suspect must not exceed 2 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 172: The People's Procuratorate shall make a decision within one month of a case transferred for prosecution by the Supervision Organ or the Public Security Organ, and may extend the period of 15 days for major and complicated cases; Where criminal suspects admit guilt and accept punishment and meet the requirements for applying the expedited procedures, a decision shall be made within 10 days, and where a sentence of more than one year imprisonment might be given, it may be extended to 15 days.
Where the people's procuratorate reviews a case for prosecution and changes its jurisdiction, the time limit for trial and prosecution is calculated from the date on which the changed people's procuratorate receives the case.
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Anonymous users2024-02-12Legal analysis: the investigation stage of the public security organs, the review and prosecution stage of the procuratorate, and the trial stage of the court. Criminal detention occurs in the investigation stage of the case, the law stipulates that the maximum is 37 days, within these 37 days, if the bail pending trial is not successful, followed by the arrest stage, generally up to 2 months, but the time limit can be extended and then the case to the procuratorate for review and prosecution, the time limit is one and a half months, but it can be returned to the public security organ twice, once limited to one month and then to the court trial stage, generally within three months the trial is completed, in general, once the relative is criminally detained, This means that the relatives have been suspected of committing a crime, and the next step is to go through a lengthy criminal case procedure.
Specifically, you need to know the details of the case before we can give you professional advice.
Legal basis: Article 253 of the Criminal Procedure Law of the People's Republic of China: When a convict is transferred for enforcement of a criminal punishment, the person who handed it over for enforcement shall send the relevant legal documents to the public security organ or other enforcement organ within 10 days of the judgment taking effect.
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Anonymous users2024-02-11Legal analysis: 6 months of criminal detention is considered a sentence, and criminal detention is actually a kind of main punishment in criminal punishment, and it is also a personal punishment. In terms of the intensity and duration of punishment, criminal detention is actually lighter than that of a convict sentenced to criminal detention, as long as the conditions are met at the same time, the possibility of applying a suspended sentence will be very high.
Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 253 When a convict is transferred for enforcement of a criminal punishment, the people's court that transferred the case 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. Convicts sentenced to short-term detention are to be enforced by the public security organs.
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Anonymous users2024-02-10Summary. Hello dear, I am glad to answer for you: after seven months in the detention center, it will be affected.
It will have a certain impact on yourself: employment and other aspects. To the family:
Some positions require immediate family members to have no criminal record, and family sentences will also have an impact; When studying abroad, you must report truthfully, and you can't hide anything, otherwise it will be a big problem if you find out. The severity of criminal responsibility is not only reflected in the restriction and deprivation of liberty, property and even life of the offender by the punishment, but also in the antecedent effect that accompanies the punishment. After the execution of the sentence or the pardon is given, the criminal record will have a variety of legal consequences for the offender.
Hello dear, I'm glad to answer your regrets: after seven months in the detention center, you will be affected. To yourself:
There will be a certain impact on employment and other aspects. For family members: Some positions require immediate family members to have no criminal record, and family sentences will also have an impact; When studying abroad, you must report truthfully, and you can't hide anything, otherwise it will be a big problem if you find out.
The severity of criminal responsibility is not only reflected in the restriction and deprivation of the liberty, property and even life of the offender by the punishment, but also in the criminal conviction effect that accompanies the punishment. After the execution of the sentence or the pardon is given, the criminal record will have a variety of legal consequences for the offender.
Most scholars take a critical stance on this provision, advocating that on the basis of improving the criminal case filing inquiry system, Zaoru should abolish the criminal case filing and reporting system. A small number of scholars and the majority of judicial practitioners have affirmed the value of the crime record reporting system, believing that the system is the basic system for comprehensive social security management and should be further improved under the guidance of the criminal policy of blending leniency and severity. Based on the public law nature of the criminal law, the criminal record reporting system not only requires citizens with criminal records to be compulsorily disclosed, but also limits the scope of criminal information that the state requires citizens with criminal records to disclose criminal information.
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