It was not found in criminal custody whether the accomplices had been convicted

After being criminally detained, if no accomplices are found, whether the conviction can be made is to be judged on the basis of the evidence in the case

In the case of joint crimes, if the co-offenders are not brought into custody, but the available evidence is sufficient to prove that the detained person has committed a crime, the person who has already been arrested may still be convicted and sentenced on the basis of the available evidence, and it is not necessary that all the co-offenders be brought to justice before they can be sentenced.

If, after investigation, the available evidence is insufficient to prove that a crime has been committed, the person in criminal custody shall not be sentenced and shall be released after the expiration of the period of criminal detention; If further investigation is still necessary, compulsory measures such as release on guarantee pending further investigation or residential surveillance may be taken against the person in criminal detention.

Do you mean that a crime cannot be recognized without the accusation of an accomplice of the parties?

If this is the case, then this is definitely not the case, as long as there is sufficient evidence, such as documentary evidence, physical evidence, and appraisal conclusions, which can be used as the basis for conviction, and not finding an accomplice can only explain the problem of joint crime, and you still need to bear legal responsibility for your own crimes.

If the other accomplices are not brought to justice, but ** has mastered the facts of the crime and sufficient evidence of the crime, they can be convicted, but if your accomplice is not brought to justice, you can push some crimes on them. It's unethical by course, but it's good for you.

Criminal detention is only a coercive measure, and whether or not an accomplice is guilty depends on the investigation of the investigating organs, and there is no necessary relationship between the conviction and whether an accomplice is found, and even if the relevant facts are clear and the evidence is conclusive, even if the accomplice is not found, it does not affect the conviction and sentencing of the criminal detainees.

If the other accomplices are not brought to justice, but the evidence is sufficient to prove that he committed the crime, he may be tried first, and the accomplices will be dealt with in a separate case in the future.

Yes, to be more detailed.

A little more detail will help you analyze.

Literally sinful.

Legal Analysis: Of course not. If there are co-offenders who have not yet been brought into the case, but the facts of the persons involved in the case can be ascertained, it may be handled first.

Legal basis: Criminal Procedure Law of the People's Republic of China In all cases, emphasis should be placed on evidence, investigation and research, and confessions should not be easily believed. Where there is only the defendant's confession and there is no other evidence, the defendant cannot be found guilty and given a punishment, and where the defendant confesses and the evidence is credible and sufficient, the defendant may be found guilty and given a punishment.

The evidence is credible and sufficient, and shall meet the following requirements: (1) the facts of the conviction and sentencing are all supported by evidence; (2) The evidence on which the verdict is based has been verified as true through legally-prescribed procedures;(3) Summarizing the evidence in the total loss brother case, reasonable doubts have been eliminated about the facts ascertained.

Summary. Hello!According to what you said, if a criminal case is confessed by an accomplice, there is no evidence and no admission can not be sentenced.

Where only the defendant's confession is not supported by other evidence, the defendant must not be found guilty, and the confession of a co-defendant is also a confession of the defendant and cannot be counted as other evidence. Therefore, only the co-defendant confessed.

What happens when a criminal case is confessed by an accomplice + without evidence.

Hello!According to what you said, if a criminal case is confessed by an accomplice, there is no evidence and no admission can not be sentenced. Where only the defendant's confession or confession is not supported by other evidence, it must not be found that the defendant has Li Ying's crime, and the confession of the co-defendant is also the defendant's confession, and cannot be counted as other evidence.

Therefore, only the co-defendant confesses.

It means that the accomplice is also the defendant, and his confession belongs to the defendant's confession, right?

Except for his confession, there is no evidence that I participated in the crime, so what will ** do with me?

Hello!According to Article 55 of the "Criminal Procedure Law," the sentencing of all cases should be based on evidence, investigation and research, and confessions should not be easily believed. Where there is only the defendant's confession and there is no other evidence, the defendant cannot be found guilty and punished;Where there is no confession by the defendant and the evidence is credible and sufficient, the defendant may be found guilty and punished.

The evidence is credible and sufficient, and shall meet the following requirements: (1) The facts of conviction and sentencing are all supported by evidence;(2) The evidence on which the verdict is based has been verified as true through legally-prescribed procedures;(3) Summarizing all the evidence in the case, reasonable doubt has been eliminated as to the facts ascertained.

It means that only the defendant's confession and no other evidence cannot convict me, right?

This is true based on the information you provide, but does not exclude the possibility of finding other evidence.

Will I be detained then?

I can't give you a specific characterization of this.

If I have been in administrative detention or criminal detention for 37 days, there is still no evidence that I participated in the crime.

Will they be released?

Hello!Specifically, it can be divided into the following three situations: the first situation is that the person is innocent or the evidence is insufficient, that is, if there is no evidence to prove the crime he is involved in, he should be acquitted.

In the second case, if the crime is minor and does not need to be investigated for criminal responsibility, but administrative responsibility is to be pursued, administrative detention shall be imposed. In the third circumstance, where there is no need for arrest or the evidence is insufficient, and it is necessary for You Chunzheng to continue the investigation, he may be released on bail pending further investigation or placed under residential surveillance.

Article 53 of the Criminal Procedure Law stipulates that in all cases, emphasis should be placed on evidence, investigation and research, and confessions should not be easily believed. Where there is only the defendant's confession and there is no other evidence, the defendant cannot be found guilty and punished;Where there is no confession from the defendant and the evidence is credible and sufficient, the defendant may be found guilty and given a punishment.

The evidence is credible and sufficient, and shall meet the following requirements:

1) The facts of conviction and sentencing are all supported by evidence.

(2) The evidence on which the verdict is based has been verified as true through legally-prescribed procedures;

(3) Summarizing all the evidence in the case, reasonable doubt has been eliminated as to the facts ascertained.

Criminal accomplices can be arrested if they are not brought to justice. As long as the public security organs and procuratorates deem it necessary to approve the arrest, they may approve the arrest of the criminal suspect.

1. Whether the court approves the arrest of the person to be sent to prison.

Arrestees approved by the court are generally detained in detention centers, and only after the verdict can the guilty offender be taken to prison. Criminal suspects do not need to be taken to prison after being arrested, and the judicial organs do not have the right to take the arrested criminal suspects directly to prison to serve their sentences, because the approval of the arrest of a criminal suspect does not mean that he is necessarily guilty.

2. Is the 37-day bail successful?

In practice, the possibility and proportion of bail pending trial during the period of criminal detention by the public security organs is very large. In accordance with article 91 of the Criminal Procedure Law, the period of criminal detention before the public security organ submits a request for approval of arrest is 3 days, which may be extended by 1-4 days under special circumstances, and to 30 days for major suspects who commit crimes on the go, commit crimes multiple times, or commit crimes in groups. The procuratorate shall review the case submitted for approval of arrest and make a decision on whether to approve the arrest or not to approve the arrest within 7 days.

That is, in criminal cases handled by public security organs, the period of criminal detention of criminal suspects can reach up to 37 days.

3. Will the procuratorate still be prosecuted if it does not approve the arrest and issue a release certificate?

If the procuratorate does not approve the arrest and issues a release certificate, it will generally not be prosecuted. This is because after the people's procuratorate reviews a case submitted by the public security organ for approval of arrest, it shall, depending on the circumstances, make a decision to approve the arrest or not to approve the arrest. Where arrest is not approved, the people's procuratorate shall explain the reasons, and where it is necessary to supplement the investigation, it shall notify the public security organs at the same time.

If the arrest is not approved and a release certificate is issued, it means that the suspect is not guilty or the evidence is insufficient.

According to article 91 of the Criminal Procedure Law, if a public security organ finds it necessary to arrest a detained person, it shall, within three days of the detention, submit it to the people's procuratorate for review and approval. Under special circumstances, the time for submitting a request for review and approval may be extended by one to four days. The time period for submitting a request for review and approval may be extended to 30 days for major suspects who are suspected of committing cases of splitting the state on the run, committing crimes multiple times, or committing crimes in groups.

According to article 87 of the Criminal Procedure Law, when a public security organ requests the arrest of a criminal suspect, it shall write a written request for approval of arrest and, together with the case file materials and evidence, and transfer it to the people's procuratorate at the same level as the source nuclear source for review and approval. When necessary, the people's procuratorate may appoint personnel to participate in the public security organs' discussions of major cases.

Legal Analysis: Criminal accomplices can be arrested if they are not convicted. As long as the public security organs and procuratorates deem it necessary to approve the arrest of the criminal suspects, they may approve the arrest of the criminal suspects.

Legal basis: Criminal Procedure Law of the People's Republic of China and Huhua Article 91: Where 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 the detention and arrest.

Legal Analysis: An accomplice who is arrested and instructed another person cannot be sentenced without evidence.

Legal basis: Criminal Procedure Law of the People's Republic of China In all cases, emphasis should be placed on evidence, investigation and research, and confessions should not be easily believed. Where there is only the defendant's confession and there is no other evidence, the defendant cannot be found guilty and given a punishment, and where there is no defendant's confession and the evidence is credible and sufficient, the defendant may be found guilty and given a punishment.

The evidence is credible and sufficient, and shall meet the following requirements:

1) The facts of conviction and sentencing are all supported by evidence.

2. The evidence on which the verdict is based has been verified to be true through legal procedures.

Based on all the evidence in the case, reasonable doubt has been eliminated as to the facts ascertained.