Many counsellors were received who consulted on arrest or detention issues in criminal proceedings, and they did not know when their loved ones had been detained or what it meant to be detained. In fact, this is all a problem, that is, the issue of detention in criminal proceedings. So, today we will take a look at this problem.
What is detention in criminal proceedings?
Article 98 of the Criminal Procedure Law of the People's Republic of China: Where a criminal suspect or defendant is detained can no longer be completed within the time limits provided for in this Law for investigation, detention, review for prosecution, first-instance trial, or second-instance trial, the criminal suspect or defendant shall be released; where it is necessary to continue the investigation or trial, the criminal suspect or defendant may be released on guarantee pending further investigation or residential surveillance.
Article 2 of the Regulations of the People's Republic of China on Detention Centers: A detention center is an organ that detains persons and criminals who have been arrested or criminally detained in accordance with law.
Article 15 of the Regulations of the People's Republic of China on Detention Centers: Prisoners whose investigations are concluded by public security organs or state security organs and whose people's procuratorates decide to accept them, and whose persons and prisoners whose people's procuratorates have reviewed or concluded investigations or whose people's courts have decided to accept them, shall be transferred and handed over for transfer and transfer, all of which shall go through the formalities of remanding and notify the detention center in writing.
From the above laws and regulations, it can be simply defined as the armed vigilance guard of suspects arrested or criminally detained in detention centers in accordance with law, and detention begins with being taken into custody by the detention center and ends with the release from the detention center or the execution of criminal punishment, which can be divided into the investigation stage, the review and prosecution stage, and the trial stage.
II. What is the relationship between detention and arrest and criminal detention in criminal proceedings?
Article 85 of the Criminal Procedure Law of the People's Republic of China: When a public security organ detains a person, it must present a detention certificate. After detention, the detainee shall be immediately sent to a detention center for detention, and must not exceed 24 hours at the latest.
Article 93 of the Criminal Procedure Law of the People's Republic of China: When public security organs arrest people, they must present an arrest warrant. After arrest, the arrested person shall be immediately sent to the detention center for detention.
It follows from this that criminal detention, arrest and detention of criminal coercive measures are not exactly the same, but are closely related. Judging from the provisions that criminal detention or arrest should send suspects to detention centers for detention, detention can be simply understood as beginning with criminal detention or arrest.
3. Duration of detention in criminal proceedings.
Detention in criminal proceedings is divided into three stages, namely the investigation stage, the review for prosecution stage and the trial stage.
(1) The period of detention during the investigation phase.
Article 82 of the Criminal Procedure Law of the People's Republic of China: Public security organs may first detain current offenders or major suspects in any of the following circumstances: (1) Those who are preparing to commit a crime, committing a crime, or being discovered immediately after committing a crime ...
Article 91 of the Criminal Procedure Law of the People's Republic of China: Where public security organs find it necessary to arrest a detained person, they shall submit it to the people's procuratorate for review and approval within three days of their detention. In exceptional cases, the time for submitting for examination and approval may be extended by one to four days. For major suspects who commit crimes by straying, committing crimes multiple times, or committing crimes in gangs, the time for submitting a review and approval may be extended to 30 days. The people's procuratorate shall make a decision to approve the arrest or not to approve the arrest within 7 days of receiving the public security organ's request for approval of the arrest.
Article 156 of the Criminal Procedure Law of the People's Republic of China: The period of investigative detention after the arrest of a criminal suspect must not exceed two months. Cases where the circumstances of the case are complex and the time limit cannot be concluded may be extended by one month upon approval by the people's procuratorate at the level above.
Article 158 of the Criminal Procedure Law of the People's Republic of China: Where the following cases cannot be concluded after the expiration of the time limit provided for in Article 156 of this Law, they may be extended for two months upon approval or decision of the people's procuratorates of provinces, autonomous regions, or municipalities directly under the Central Government: (1) Major and complicated cases in remote areas where transportation is very inconvenient...
Article 159 of the Criminal Procedure Law of the People's Republic of China: Where a criminal suspect may be sentenced to a penalty of 10 years' fixed-term imprisonment or more, and the extended period in accordance with article 158 of this Law expires, and the investigation cannot be concluded, it may be extended for another two months upon approval or decision of the people's procuratorate of a province, autonomous region, or municipality directly under the Central Government.
(2) Review the duration of detention during the prosecution phase.
Article 172 of the Criminal Procedure Law of the People's Republic of China: People's procuratorates shall make a decision within one month for cases transferred for prosecution by the Supervision Organs or public security organs, and may extend major or complex cases for 15 days.
Article 175 of the Criminal Procedure Law of the People's Republic of China: Where a people's procuratorate reviews a case and needs to conduct a supplementary investigation, it may return it to the public security organ for supplementary investigation, or it may conduct its own investigation. In cases of supplementary investigation, the supplementary investigation shall be completed within one month. Supplementary investigations are limited to secondary investigations. After the supplementary investigation is completed and transferred to the people's procuratorate, the people's procuratorate recalculates the time limit for review for prosecution.
Article 205 of the Criminal Procedure Law of the People's Republic of China: In cases where trial is postponed in accordance with the provisions of item 2 of article 204 of this Law, the people's procuratorate shall complete a supplementary investigation within one month.
(3) The duration of detention during the trial phase.
Article 208 of the Criminal Procedure Law of the People's Republic of China: People's courts hearing public prosecution cases shall pronounce a judgment within two months of acceptance, and no later than three months. In cases where the death penalty may be imposed or in which civil litigation is attached, as well as in any of the circumstances provided for in Article 158 of this Law, an extension of three months may be granted upon approval by the people's court at the level above; In cases where the people's procuratorate has supplemented the investigation, after the supplementary investigation is completed and transferred to the people's court, the people's court shall recalculate the trial period.
Article 243 of the Criminal Procedure Law of the People's Republic of China: The second-instance people's court accepting an appeal or prosecutorial counter-appeal shall conclude the trial within two months. In cases where the death penalty may be imposed or in cases with attached civil litigation, as well as in any of the circumstances provided for in Article 158 of this Law, an extension of two months may be made upon approval or decision of the Higher People's Court of a province, autonomous region, or municipality directly under the Central Government; The Supreme People's Court's time limit for accepting appeals and prosecutorial counter-appeals is to be decided by the Supreme People's Court.
The simple model of the maximum period of legal detention is measured in days, one month = 30 days
The above are the provisions and knowledge points of detention in criminal proceedings that we have compiled, and I hope it will be helpful to everyone.