The 35 days of detention prior to a suspended sentence do not count

A suspended sentence counts for the previous 35 days of detention. The term of fixed-term imprisonment is calculated from the date on which the judgment is enforced; 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 45 of the Criminal Law [Period of Fixed-term Imprisonment] The period of fixed-term imprisonment is between six months and fifteen years, except as provided for in articles 50 and 69 of this Law.

Article 46: [Enforcement of Fixed-term Imprisonment and Indefinite Imprisonment]Criminals sentenced to fixed-term imprisonment or indefinite imprisonment are to be served in prisons or other enforcement sites; Anyone who has the ability to work should participate in labor and receive education and reform.

Article 47: [Calculation and Deduction of Sentences of Fixed-term Imprisonment]The sentence of fixed-term imprisonment is calculated from the date on which the judgment is enforced; 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.

Count it in. Each day of detention counts as one day's sentence and can be deducted.

Where a person is detained before the judgment is enforced, the sentence may be deducted.

Legal basis: Criminal Law (revised in 1997) Article 41: [Calculation and Deduction of Controlled Sentences] The period of controlled release is calculated from the date on which the judgment is enforced; 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.

Criminal Law (1997 revision) Article 44: [Calculation and Deduction of Short-term Detention Sentences] The sentence of short-term detention is calculated from the date on which the judgment is enforced; 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.

Criminal Law (1997 revision) Article 47: [Calculation and Deduction of Sentences of Fixed-term Imprisonment] The term of fixed-term imprisonment is calculated from the date on which the judgment is enforced; 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.

Legal Analysis: Detention does not deduct the probationary period of probation, but it can be deducted from the sentence, and one day of detention is deducted from the sentence. Because a suspended sentence is not a punishment, but only a system for the execution of criminal punishments, the possibility of enforcing the original sentence is still retained for a certain period of time.

If there is no violation of the provisions during the probationary period of a suspended sentence, the sentence of the original sentence will not be enforced after the expiration of the period, and it will be publicly announced, so the period of detention before the judgment is pronounced is not included in the probationary period of the suspended sentence, but it may be used to offset the sentence of short-term detention or fixed-term imprisonment, and each day of detention shall be reduced by one day. However, if a supplementary sentence is imposed in addition to a suspended sentence, the additional sentence must still be enforced.

Legal basis: Criminal Law of the People's Republic of China

Article 72: Applicable conditions: Criminals sentenced to short-term detention or up to three years imprisonment may be given a suspended sentence if they meet the following conditions at the same time, and a suspended sentence shall be announced for those who are not yet 18 years old, pregnant women, and those who have reached the age of 75: (1) the circumstances of the crime are relatively minor; (2) Showing remorse; (3) There is no risk of recidivism; (4) The suspended sentence is declared to have no major adverse impact on the community in which they reside.

The announcement of a suspended sentence may be based on the circumstances of the crime, and at the same time prohibit criminals from engaging in specific activities, entering specific areas or venues, or contacting specific persons during the probationary period of the suspended sentence. If a suspended sentence is imposed, the additional sentence must still be carried out.

Article 73: Probationary period: The probationary period for short-term detention is between one year and not more than the original sentence, but must not be less than two months. The probationary period of a suspended sentence for fixed-term imprisonment is not less than five years above the original sentence, but must not be less than one year.

The probationary period of a suspended sentence is calculated from the date on which the judgment is determined.

Article 76: Probation of Suspended Sentences and Their Positive Consequences: For criminals who have been given a suspended sentence, community corrections are to be carried out in accordance with law during the probationary period of a suspended sentence, and if there are no circumstances provided for in article 77 of this Law, and the probationary period of the suspended sentence is completed, the original sentence is to be called for no longer enforced, and it is to be publicly announced, in accordance with article 77: Where criminals who have been given a suspended sentence commit a new crime during the probationary period of a suspended sentence or discover that there are other crimes that have not been adjudicated before the verdict is announced, the suspended sentence shall be revoked. Sentences for new or newly discovered crimes, and sentences for previous and subsequent crimes.

In accordance with the provisions of article 69, the penalty to be enforced is decided. Criminals who have been given a suspended sentence shall have the suspended sentence revoked and the original sentence enforced if they violate laws, administrative regulations, or relevant departments' provisions on the supervision and management of suspended sentences, or violate the injunction in the people's court's judgment, and the circumstances are serious.

Reply of the General Office of the Supreme People's Court on the Issue of Whether the Date of Detention Can Be Converted into the Date of Suspended Sentence》 A suspended sentence is a test for criminals, and if a criminal who has been given a suspended sentence does not commit a new crime during the period of probation, the suspended sentence will expire and the original sentence will not be enforced. Therefore, it is not necessary to deduct the number of days of detention before sentencing into the date of probation.

Detention does not necessarily lead to a sentence. Criminal detention is a compulsory measure in criminal investigation, and during or after the investigation, if the investigating organ finds that the criminal suspect does not constitute a crime or does not pursue criminal responsibility, it may decide to withdraw the case; After transferring the case to the public prosecution organ for review for prosecution, the public prosecution organ may make a decision not to prosecute if it finds that a crime is not constituted or criminal responsibility is not pursued; Where a lawsuit is brought to the people's court, and after trial, the court finds that a crime is not constituted or that criminal responsibility is not pursued, it may declare a not guilty or be exempted from criminal responsibility. Article 15 of the Criminal Procedure Law provides:

In any of the following circumstances, criminal responsibility is not pursued, and where it has already been pursued, the case shall be withdrawn, or not prosecuted, or the trial terminated, or acquitted: (1) the circumstances are obviously minor and the harm is not great, and it is not considered a crime; (2) The statute of limitations for prosecution has already expired; (3) Exemption from criminal punishment by amnesty order; (4) Crimes that were handled in accordance with the Criminal Law, and there is no accusation or withdrawal of the accusation; (5) The criminal suspect or defendant is deceased; (6) Other laws provide for exemption from criminal responsibility.

Criminal detention does not mean a certain sentence, and it is possible that the case may be dismissed, not prosecuted, etc. Detention in criminal proceedings is a compulsory method adopted by the public security organs and people's procuratorates to temporarily deprive a person of personal liberty of an existing offender or a major suspect in the course of investigation of a case directly accepted by the public security organs or the people's procuratorate when encountering a statutory emergency.

According to article 89 of the Criminal Procedure Law of the People's Republic of China, where a public security organ finds it necessary to arrest a person in custody, it shall request that the people's procuratorate review and approve it 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 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 release them immediately 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.

Do I have to report for arrest after 30 days of criminal detention? No.

1. In most cases, criminal detention for 30 days. If he does not report his arrest within 30 days, he will be released on bail pending trial or acquitted. If an arrest is reported, the procuratorate has a seven-day period to approve the arrest.

That is, the maximum period of criminal detention is 37 days. If arrest is approved, it will be converted into arrest and continued detention. If the arrest is not reported, it will be released.

2. If the police officer handling the case said that he would be released in 30 days, if he was criminally detained on April 16, he should be released at about 8:30 a.m. on May 15.

3. The law stipulates that the family members shall be notified within 24 hours of criminal detention. In judicial practice, notices are generally sent to the address where the household registration is located.

The difference between criminal detention and arrest.

1) The legal nature and basis are different. Criminal detention is a coercive measure under the Code of Criminal Procedure and is not a punishment. Public security detention is a form of punishment under the Public Security Punishment Regulations.

Judicial detention is a coercive measure that is also punitive in nature, and its legal basis is the Code of Civil Procedure and the Code of Administrative Procedure.

2) The applicable objects are different. The object of criminal detention is an active offender or a major suspect who has violated the criminal law and is subject to criminal liability. The targets of public security detention are offenders who have violated the Regulations on Public Security Administration Penalties and have not yet committed a crime.

The targets of judicial detention are parties who have committed acts that obstruct the order of civil or administrative proceedings, other participants in the proceedings, or persons not involved in the case.

3) The purpose and result are different. The purpose of criminal detention is to ensure the smooth progress of the investigation and to prevent new losses to the lives and property of the state and the people. The purpose of public security detention is to punish and educate lawbreakers, and the expiration of the period of public security detention is the end of educational punishment.

The purpose of judicial detention is to punish acts that obstruct the order of the proceedings, so as to ensure the smooth progress of litigation activities, judicial detention is not linked to the verdict, and if the detained person admits and corrects his mistakes, the people's court may release the detention in advance.

4) The duration of detention is different. The statutory period of detention for criminal detention is 3 7 days, with a maximum of 30 days. The period of detention for public security detention is more than 1 day and less than 5 days. The duration of judicial detention is not more than 15 days.

Where a suspect is criminally detained, a sentence is not necessarily given, and the specific time of sentencing shall be determined on the basis of the facts of the crime. Article 82 of the Criminal Procedure Law stipulates that the public security organs may detain an active offender or a major suspect in any of the prescribed circumstances.

Earlier, the public security organs arrested the suspect, and within 37 days of criminal detention, submitted to the Investigation and Supervision Section of the Procuratorate for approval of arrest, the procuratorate made a decision within 7 days, and after approving the arrest, the case file was transferred to the public security organ for continued investigation, and the time limit was 2 months, and the public security organ's investigation was completed, and the case was transferred to the Public Prosecution Department of the Procuratorate for review and prosecution, and the review period was 1 month, and the procuratorate filed a public prosecution with the court, and the court heard the judgment within 3 months.

Legal Analysis: The period of probation is not counted. The probationary period of a suspended sentence is calculated from the date on which the judgment is determined. Release on bail pending further investigation is only a criminal coercive measure that can be raised at the investigation stage.

Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 67: People's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances:

1) Where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently;

2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation will not cause danger to society;

3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and are released on guarantee pending further investigation will not be a danger to society;

4) Where the period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation. Release on bail pending the trial of Lu Blind Hui is to be carried out by the public security organs. Worthy of God.