Take lien measures to meet three requirements:
It involves (1) elements. The person under investigation is suspected of serious duty violations or duty crimes such as corruption and bribery, dereliction of duty and dereliction of duty. If the person under investigation is only suspected of general or minor duty violations, lien measures cannot be taken against him.
(2) Elements of evidence. The supervisory organ has mastered some facts and evidence of illegal crimes, and there are still important issues that need further investigation.
(3) It has one of the statutory circumstances: the case involved is significant and complicated; May escape and commit suicide; Shall not collude or forge, conceal or destroy evidence; There may be other acts that hinder the investigation.
The longest time for the supervisory Committee to talk to a person can be half a year. If the supervisory committee detains the person under investigation after talking with others, the detention time shall not exceed three months. Under special circumstances, the detention time may be extended once, and the extension time shall not exceed three months. Therefore, in the case of lien, the longest time for the supervisor to talk to someone can reach six months, and if there is no extension, the longest time is three months.
To sum up, the object of application of lien measures should be the person related to the case. If officials are investigated, most will be detained. If the evidence is conclusive and admits that it constitutes a crime, a trial will be held.
Legal basis:
People's Republic of China (PRC) supervision law
Article 22
The person under investigation is suspected of corruption, bribery, dereliction of duty and other serious duty violations or duty crimes, and the supervisory organ has mastered some facts and evidence of illegal crimes, and there are still important issues that need further investigation. Under any of the following circumstances, with the approval of the supervisory organ, it can be detained in a specific place according to law:
(a) involving major and complex cases;
(two) may escape or commit suicide;
(three) may collude or forge, conceal or destroy evidence;
(four) there may be other acts that hinder the investigation.
The supervisory organ may, in accordance with the provisions of the preceding paragraph, take lien measures against persons involved in bribery crimes or crimes committed by the same post. The establishment, management and supervision of the lien place shall be implemented in accordance with the relevant provisions of the state.
Article 43
The adoption of lien measures by the supervisory organ shall be decided by the collective leadership of the supervisory organ. If the supervisory organ below the city divided into districts adopts lien measures, it shall report to the supervisory organ at the next higher level for approval. The provincial supervisory organ shall report the lien measures to the National Supervisory Commission (NSC) for the record. The detention period shall not exceed three months. Under special circumstances, it can be extended once, and the extension time shall not exceed three months. If the supervisory organ below the provincial level takes lien measures, the extension of the lien time shall be reported to the supervisory organ at the next higher level for approval. If the supervisory organ finds that the lien measures are improper, it shall terminate them in time. If the supervisory organ takes lien measures, it may request the public security organ to cooperate according to the needs of the work. The public security organ shall provide assistance according to law.