What is the maximum detention period?
1. What is the maximum detention period?
The longest time for summoning or compulsory summons shall not exceed 24 hours;
Hualvwang
Detention for a maximum of 37 days;
The detention period after arrest is the same as that for handling cases:
The longest investigation period is 7 months.
Review and prosecution stage (procuratorate) 1 month and a half.
You can return the supplementary survey twice, each time 1 month. After the supplementary investigation, the procuratorate recalculates the review period, each time 1.5 months.
The first instance (court) is 6 months.
The procuratorate applied for an extension of the trial twice, each time 1 month.
The time for the second trial (court session) is 4 months (where the second trial is held, the time for the procuratorate to read the papers for one month is not included in the trial period).
Review of death penalty (court), indefinite.
To sum up, in ordinary criminal cases (excluding death penalty review), the longest possible detention period of criminal suspects and defendants is 28 months plus 6 days.
II. Relevant laws and regulations
According to Article 154 of the Criminal Procedure Law, the period of investigation and detention of a criminal suspect after arrest shall not exceed two months. If the case is complicated and cannot be concluded at the expiration of the time limit, it may be extended for one month with the approval of the people's procuratorate at the next higher level.
Article 155 For particularly serious and complicated cases that cannot be submitted for trial for a long time due to special reasons, the Supreme People's Procuratorate shall report to the NPC Standing Committee for approval to postpone the trial.
Article 156 If the investigation of the following cases cannot be concluded at the expiration of the time limit stipulated in Article 154 of this Law, it may be extended for two months with the approval or decision of the people's procuratorate of a province, autonomous region or municipality directly under the Central Government:
(1) Major and complicated cases in remote areas with very inconvenient transportation;
(2) Major criminal group cases;
(3) Major and complicated cases of escaping crime;
(four) major and complex cases involving a wide range and difficult to obtain evidence.