If the supervisory organ takes detention measures against the person under investigation, it shall generally not exceed three months. If it needs to be extended, it can be extended once, and the extension time shall not exceed three months. According to the provisions of my country's Supervision Law, the supervisory authorities have the right to investigate public officials suspected of official crimes. In cases of official crimes, the supervisory organs may, for the purpose of investigation, detain persons suspected of official crimes in a specific place, and during the investigation During the process, the procuratorate may take detention measures against the person under investigation.
In other words, the supervisory authority shall not retain the case for more than three months, and the upper limit of three months is fixed. Under special circumstances, the retention period may be extended once, and the extension period shall not exceed three months. Therefore, the maximum period of retention measures shall not exceed six months.
And the approval process for extending the retention period is very strict. If the supervisory authorities at the provincial level and below extend the retention period, in addition to the collective decision by the leaders of the supervisory authority at the same level, it must also be reported to the supervisory authority at the next higher level for approval.
If the person under investigation is detained, his personal freedom will be restricted and he will lose contact with the outside world. If the supervisory authority does not notify the unit and family members of the person being detained, they may mistakenly believe that the person being detained has disappeared. or death, to avoid unnecessary speculation. Therefore, the supervisory authority should promptly notify the family members.
The "Supervision Law" stipulates that after detention measures are taken against a person under investigation, the unit and family members of the detained person should be notified within 24 hours. However, it is possible to destroy or falsify evidence and interfere with witnesses' testimony. Or collusion in confessions or other circumstances that would hinder the investigation. After the circumstances that hinder the investigation disappear, the unit and family members of the detained person should be notified immediately.
The detention measure restricts the person under investigation to a certain place. How can the person under investigation protect his legitimate rights and interests? In addition to the above-mentioned notification to family members, the Supervision Law also stipulates safety, venue, food and other aspects.
(1) During the detention period, the supervisory authority shall ensure the food, rest and safety of the detained person, and shall provide timely medical services to those suffering from diseases or physical discomfort. This is to protect the legal rights of the detained person. Rights and interests are also conducive to ensuring the smooth progress of the investigation work.
(2) When applying retention measures, retention locations shall not be arranged at will. They shall be implemented in designated special locations. The establishment, management, and supervision of retention locations shall be implemented in accordance with relevant national regulations.
(3) The interrogation time and duration of the detained person should be reasonably arranged. Under normal circumstances, the interrogation time should be arranged as early as possible during the day or before twelve o'clock at night, and the interrogation should not last too long.
(4) When investigators interrogate the detainee, they should make an interrogation transcript. If necessary, they can also ask the detainee to write a confession in his own hand. The interrogation transcript should be read and signed by the detainee to ensure that the transcript is accurate. authenticity.
The last thing that needs to be mentioned is that the detention time can be deducted from the sentence. If the detained person is suspected of committing a crime and transferred to the judicial authority, and is sentenced to public surveillance, criminal detention or fixed-term imprisonment in accordance with the law, one day of detention can be deducted from the prison term. Two days shall be equivalent to one day of criminal detention or fixed-term imprisonment.
Legal Basis
"Supervision Law of the People's Republic of China"
Article 43
Supervisory agencies take retention measures Measures shall be collectively studied and decided by the leaders of the supervisory agencies. When supervisory authorities below the districted city level adopt retention measures, they must report to the supervisory authority at the next higher level for approval. When provincial supervisory authorities take retention measures, they must report to the National Supervisory Commission for record.
The retention period shall not exceed three months. In special circumstances, it can be extended once, and the extension period shall not exceed three months. If supervisory authorities below the provincial level adopt retention measures, extension of the detention time must be reported to the supervisory authority at the next higher level for approval. If the supervisory authority finds that the detention measures taken are inappropriate, it shall be lifted promptly.
When the supervisory authority adopts detention measures, it may request the public security authority to cooperate according to work needs. The public security organs shall provide assistance in accordance with the law.