According to the provisions of the current Criminal Procedure Law, it is necessary to go through the following process:
1. Within thirty days after the criminal detention, the investigating authority shall have the right to decide on the release of suspects from bail pending trial or residence under surveillance for suspects who meet the conditions for filing a criminal investigation case; if they do not meet the conditions, the investigating authority shall apply for an arrest to the investigation and supervision department of the Procuratorate;
2. The investigation and supervision After receiving the application for arrest from the investigative organ, the department shall, at the latest, make a decision on arrest within seven days, or not make a decision on arrest; after receiving the decision not to arrest, the investigative organ must immediately change the coercive measures for the suspect, release on bail pending trial or residential surveillance.
3. An arrested criminal suspect shall, under normal circumstances, continue to be questioned by the investigating authority within two months of arrest; a criminal suspect who has been released on bail pending trial or under residential surveillance shall continue to be questioned by the investigating authority within one year.
4. After the end of the investigation stage, the case enters the examination and prosecution stage:
The procuratorial organs are responsible for this stage; under normal circumstances, the duration of this stage is no more than one and a half months; at the same time, if the public prosecuting authorities believe that there is insufficient evidence, they have the right to return the evidence to the investigating authorities for additional investigation, commonly known as "return of the compensation ", or to conduct its own investigation. Refund and compensation not more than two times, each time one month; for two times to avoid, compensation still have insufficient evidence, the decision not to prosecute, release the suspect in custody.
5. If the prosecutor's office files an indictment with the court, the case enters the trial stage of the court:
Generally, the trial stage of the court has a duration of one and a half months; at the same time, the prosecutor's office has the right to adjourn the trial, the defense has the right to apply for new evidence, and the defendant can have the ability to conduct an appraisal, which is not included in the trial period.
Extended information:
. p>According to the Detention Regulations:
Chapter I General Provisions
Article 1 In order to regulate the setting up and management of detention centers, punish and educate detainees, and protect the lawful rights and interests of detainees, these regulations are formulated in accordance with the provisions of relevant laws.
Article 2 The following persons shall be detained in detention centers:
(1) those who have been given administrative punishment of detention by the public security organs or state security organs in accordance with the law;
(2) those who have been detained by decision of the people's court in accordance with the law.
Article 3 The detention center shall protect the personal safety and lawful rights and interests of detainees in accordance with the law, and shall not insult, physically punish or abuse detainees, or instigate or connive at others to insult, physically punish or abuse detainees.
Detainees shall abide by the laws and administrative regulations and the administrative provisions of the detention center, obey the management and accept education.
Article 4: The public security department of the State Council shall be in charge of the administration of detention centers throughout the country. The public security organs of the local people's governments at or above the county level are responsible for the administration of detention centers in their own administrative areas.
Chapter II detention centers
Article 5 of the local people's governments at or above the county level, according to the need to establish detention centers. The establishment or abolition of detention centers, by the public security organs of the local people's governments at or above the county level, in accordance with the prescribed authority and procedures for approval.
Article 6 of the guardhouse shall be set up in accordance with the construction standards of the guardhouse, management office area and other functional areas.
Article 7 of the detention center shall be equipped with weapons, police equipment and transportation, communication, technical prevention, medical care, fire and other equipment and facilities in accordance with the provisions.
Article VIII of the expenses required by the detention center shall be included in the financial budget of the people's government at this level.
Chapter III Detention
Article 9 of the detention center shall, on the basis of the detention decision document issued by the organ that made the decision to detain, promptly collect the detainee. It is necessary to collect the detention in another place, the authority that made the decision to punish the detention issued by the relevant legal documents and written explanations need to collect the detention in another place, and obtain the approval of the competent local public security organs of detention in another place.
Article 10 of the detention center to accommodate detainees, shall inform the detainees of their rights under the law and shall comply with the provisions.
After the custody center has taken in the detainee, the authority deciding on the detention shall promptly notify the detainee's family.
Article 11 When a detention center takes in a detainee, it shall inspect the detainee and the articles he or she carries. The detainee's non-essentials and cash shall be registered and kept by the detention center. Contraband and other articles related to the case found by the inspection shall be handed over to the organ deciding on the detention to be dealt with in accordance with the law.
The physical examination of female detainees shall be conducted by female people's police officers.
Article 12 If a detention center discovers that a detainee may have been wrongfully detained, it shall notify the organ that made the decision on detention, and the organ that made the decision on detention shall make a decision on the handling of the case within twenty-four hours. In accordance with the provisions of Article 21 of the Law of the People's Republic of China on Punishment in respect of Public Security Administration, the detention center shall not detain any person who should not be detained for execution and shall notify the organ that makes the detention decision.
Article 13 detainees are found to be addicted to drug abuse or injection, the detention center shall give him the necessary drug rehabilitation treatment, and request the public security organs in charge of the detention center to make the decision to detain the community drug rehabilitation or mandatory segregation of drug rehabilitation in accordance with the law.
Chapter IV Management and Education
Article 14 of the detention center shall establish a duty check system and emergency response mechanism. Duty patrol personnel shall strictly abide by the post discipline, found that the problem of timely report and properly dealt with.
Detention centers shall be equipped with video monitoring equipment to monitor the safety of detainees.
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