The criminal suspect was not sent to the detention center for an extended period of time
Last night, a colleague Wang lawyer called to consult the author. Lawyer Wang consulted many difficult issues encountered in practice, including one problem: after accepting the client's entrustment, when the lawyer prepared the relevant procedures to go to the detention center to meet, he found that the client was not in the detention center. The local public security organ's case-handling department issued a "Notice of Criminal Detention" to the family, showing that the person was detained on October 8, but has not been sent to the detention center until now (November 3). Learn from the public security organ handling the case, and the case-handling personnel do not know where the parties are now. Lawyer Wang asked the author: Is there any way to crack it?
From the date of the person's criminal detention to the time of yesterday's consultation, the investigative organs have detained the criminal suspect for up to 26 days. It is understood that the crime suspect is suspected of the crime of organizing or leading transmission activities (article 224-1 of the Criminal Law).
The law provides that criminal suspects are sent to detention centers at least 24 hours after detention
The second paragraph of article 85 of the Criminal Procedure Law stipulates that "after detention, the detainee shall be immediately sent to a detention center for detention, and shall not exceed 24 hours at the latest." ”
Paragraph 1 of article 126 of the Provisions on Procedures for Handling Criminal Cases by Public Security Organs stipulates that "after detention, the detainee shall be immediately sent to a detention center for detention, and it must not exceed 24 hours at the latest." ”
Based on the mandatory provisions of the law, the public security organs, as the investigation department, control the criminal suspects in the public security organs' case-handling sites, and the longest time limit is 24 hours.
However, a criminal suspect who has been in the case for 26 days has not yet been sent to the detention center.
Behavioral Analysis:
The above-mentioned case-handling departments have not sent criminal suspects to detention centers for detention, which have violated the second paragraph of article 85 of the Criminal Procedure Law and the first paragraph of article 126 of the Provisions on the Procedures of Public Security Organs handling Criminal Cases, and constitute illegal detention of the parties. Confessions obtained by the case-handling department during interrogation of the criminal suspect more than 24 hours later are all illegal evidence.
Defense Lawyer Rights Protection Measures:
I. Submit an application to the complaint and appeal department of the people's procuratorate at the same level of the case-handling organ to correct the illegal conduct; after receiving the application, the procuratorial organ shall promptly accept and investigate and verify it, and complete the application within 10 days and reply in writing.
II. Apply for rights protection through the lawyers association of the municipality where you are located.
3. Earnestly follow up the handling of application matters.